A school cannot operate in shifted premises without prior approval from the competent authority; pending applications or the payment of penalties for unauthorized shifting do not constitute valid permission to operate.

ORDER :

NYAPATHY VIJAY, J.

1. The present writ petition is filed declaring the inaction of Respondent No.2 in taking action against Respondent No.5 for running school without valid permission as illegal and arbitrary.

2. The Petitioner-school was established more than 10 years back with valid recognition from the authorities. The recognition was renewed from time to time and the same holds good as on date. While so, Respondent No.5 commenced construction of a school building in front of the school of the Petitioner without any permission from the authorities. It is stated that the Petitioner had earlier filed W.P.No.33360 of 2022 before this Court and the same was closed after recording the fact that Respondent No.5- School does not have any permission. In spite of the same, the School was continuing without permission. It is further stated that the Petitioner submitted written representation in Spandana grievance and instead of closing the School, explanation was sought from Respondent No.5 and no further action was taken. Hence, the writ petition.

3. In the counter affidavit filed by Respondent No.3, it is stated that Respondent No.5 had submitted proposals dated 25.06.2025 for shifting the school from Dr.No.5-1-187, Sumitra Nagar, Badvel Town, Gopavaram Mandal to D.No.5-1-216-3, Siva Nagar, Gopavaram Mandal. On that basis, a report was called from Mandal Educational Officer, Gopavaram vide Rc.No.0327/B2/2025 dated 03.09.2025. It is stated that during the pendency of the said application, Respondent No.5 started operating in the new premises without obtaining prior approval as required under G.O.Ms.No.1, Education (PS) Department, dated 01.01.1994.

4. In that context, a show cause notice was issued to Respondent No.5 and a reply was submitted on 04.06.2025 stating that the shifting application is pending before higher authorities. As no satisfactory explanation was offered by the Petitioner, vide proceedings dated 16.12.2025, penalty of Rs.25,000/- was imposed on the Petitioner for unauthorized shifting and violation of G.O.Ms.No.1 dated 01.01.1994. It is further stated that the imposition of penalty does not amount to validation of the shifting application of the Petitioner and the post facto approval can be granted only upon satisfaction of the competent authority and viability as per the Rules.

5. In the counter affidavit filed by Respondent No.5, it is stated that the school was established in the year 2012 and recognition was granted for Classes I to V (EM & TM) which was valid from 2012-2013 till 2021-2022 vide proceedings of District Educational Officer. It is stated that the school was initially established at D.No.5-1-187, Sumitra Nagar, Badvel Town, Gopavaram Mandal and that the said school was suffering from poor infrastructure of the strength due to the old nature of the building. It is stated that an accident also occurred due to heavy rainfall which was reported in newspapers on 08.08.2018 and this created a need to immediately shift the school premises for the safety of the children.

6. It is further stated that after disposal of W.P.No.33360 of 2022, Respondent No.5-school was accorded permission for shifting school building from Sumitra Nagar, Badvel Town, Gopavaram Mandal to Siva Nagar, Dr.No.5-1-187, Gopavaram Mandal through proceedings of District Educational Officer dated 24.07.2023. It is further stated that recognition for the School for classes I to V (English Medium) was granted by the very same authority on 28.10.2023 for the new shifted place of building i.e. Siva Nagar, Dr.No.5-1-187, Gopavaram Mandal. It is further stated that the Petitioner had moved applications on 25.06.2025 and 21.02.2026 to shift the Schoo