The court will not interfere with administrative policy decisions regarding school restructuring and shifting of classes when such decisions are based on the recommendations of the School Management Committee, aim at efficient infrastructure utilization, and do not violate statutory norms.

O R D E R

This Writ Petition is filed seeking the following relief:

“…to issue a Writ, order direction more particularly one in the

nature of a Writ of Mandamus declaring the action of respondents in

shifting the Primary School (Classes I to V) from MPUP School,

Kandrikagudem to MPP School, Tangellamudi in the process of

restricting of Schools, as illegal, arbitrary, unjust and contrary to norms

prescribed in Memo No.ESE02-13021/4/2024-E-VII dated 09.01.2025 of

2^nd respondent and also contrary to G.O.Ms.No.19 School Education

(PROG.I) Department, dated 13.05.2025 and consequently direct the

respondents to continue the Primary School (Classes I to V) in MPUP

School, Kandrikagudem, Eluru Mandal and Eluru District along with High

School and pass such other order or orders…”

2. Contents of the affidavit filed by 1^st petitioner in support

of the Writ Petition, in brief, are that, Tangellamudi is adjacent to

Kandrikagudem and both are in 28^th Division of Eluru Municipality,

Eluru Mandal; that in Kandrikagudem, MPUP School with classes

from I to VIII is existing and insofar as Tangellamudi is concerned,

MPP School with Classes from I to V is existing and it is situated

1 km away from Kandrikagudem and Tangellamudi; that the

students strength in MPUP School, Kandrikagudem is 242 i.e. for

the classes I to V is 99 and for the classes VI to VIII is 143 and the

students strength in MPP School, Tangellamudi is 6 for the classes

I to V.

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(b) The State Government with a concept of long term

planning and recognizing the difficulties in implementing

G.O.Ms.No.117, dated 10.06.2022 decided to bring III, IV and V

classes back from High Schools to Primary Schools and

accordingly, total schools are divided into 3 categories i.e.

Foundation Schools, Upper Primary Schools and High Schools and

constituted Cluster Level Committee as well as Mandal Level

Committees to convene a meeting with all the Head Masters in the

Cluster to discuss the implementation of guidelines; that as per the

norms prescribed in the Memo, dated 09.01.2025, in Upper Primary

Schools i.e. VI, VII and VIII Classes with enrolment less than or

equal to 30, shall be downgraded to Model/Basic Primary School

and VI, VII and VIII classes students shall be shifted to nearby High

Schools; that similarly, if VI, VII and VIII classes’ enrolment is

greater than or equal to 60, the same shall be upgraded as High

School and apart from that, there is an exception that if there are

any natural barriers/artificial barriers, and if any High School is not

available within the radius of 3 kms, the Upper Primary School may

function or transport allowance may be provided to the students.

(c) In pursuant to the said Memo, dated 09.01.2025, the

authorities verified the enrolment of students in MPUP School,

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Kandrikagudem, which is more than 60 in VI, VII and VIII classes,

and proposed to upgrade the school to High School and forwarded

the same to 4^th respondent; that surprisingly, it came to the notice

of petitioners and other parents that the office of 4^th respondent

took a decision to upgrade and continue the High School with

classes from VI to X in Kandrikagudem School and shift the classes

from I to V from MPUP School, Kandrikagudem to MPP School,

Tangellamudi, which is situated on river bund as well as at high

level area.

(d) The Government is focusing on strengthening the

infrastructure of all the Government Schools and identified the

difficulties in implementing the G.O.Ms.No.117, and decided to

bring III, IV and V classes back from High Schools to Primary

Schools; that the District Level as well as the Mandal Level Officers

have not acted upon strictly as per the norms prescribed in Memo,

dated 09.01.2025 of 2^nd respondent and there is a chance of drop

outs from VI, VII and VIII class students; that the respondent No.1

issued G.O.Ms.No.19, School Education (PROG.I) Departmen