HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.32904 OF 2025

ORDER:

Heard Sri K.Buchi Babu, learned counsel appearing on behalf of the petitioner, and the learned Government Pleader for School Education appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents more particularly the Respondent No.4 in seizing the Petitioner Institution in between the academic year 2025-2026, wherein more than 1400 students presently studying along with faculty/teachers are put to hardship arraying between class Nursery to class X without issuing any Notice for seizure and without following due process of law is highly arbitrary, against to the principals of natural justice illegal, violative of Articles 14, 19(1)(g), and 21 of the Constitution of India and consequently DIRECT the Respondents to forthwith unseal and hand over the Institution premises to the Petitioner Institution for continuation of academic activities and pass...”

3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition is as under:

i) The Petitioner Institution, Sri Chaitanya School, is a duly established and recognized educational institution functioning from Nursery to Class X with a total strength of 1,482 students and requisite teaching staff. The institution holds valid provisional recognition granted by the Respondent No.3 for Classes PP to VII vide proceedings dated 14.11.2022 and renewal recognition granted by respondent No.2 for Classes VIII to X vide proceedings dated 13.07.2023, both valid up to the academic year

2032–2033.

ii) However, the Respondent No.3 issued proceedings vide Proc. No.1176/B4/2025 dated 17.09.2025 directing Respondent No.4 to seize the Petitioner institution on the ground that it is located near a petrol bunk, and hence, contrary to rules. The Petitioner submitted a reply on 17.10.2025 requesting time till the end of the academic year 2025–2026 to shift the premises of the petitioner Institution.

iii) Despite this, on 27.10.2025, Respondent No.4, without any prior notice, forcibly sealed the petitioner institution. Aggrieved by the action of the respondents, the petitioners filed the present writ petition.

4. PERUSED THE RECORD (A) The relevant portion of the impugned proceedings of the respondent No.3-the District Education Officer, Ranga Reddy District vide proc. Rc.No.1176/ B4/ 2025 dated 17.09.2025 addressed to the respondent No.4-the Mandal Educational Officer, I brahimpatnam Mandal, is extracted hereunder “It has come to the notice of the undersigned vide reference cited, that the management of Sri Chaitanya School, Opposite to Bharath Function Hall, Ibrahimpatnam Mandal, Ranga Reddy District is functioning the school nearby petrol bunk which is against rules.

Therefore, the Mandal Educational Officer, Ibrahimpatnam Mandal is hereby instructed to seize the school immediately from the management and submit compliance report to the undersigned.”

B. Rule 22 of the Andhra Pradesh Educational I nstitution Rules, 1993 is extracted hereunder:

“22) that the institutions are permitted to be established (or upgraded) to meet the educational needs of the respective localities, shifting of the institutions from one locality to another will not be permitted under ordinary circumstances, as a matter of routine. However, shifting of the institution from one building to another within the same locality or within the same town/ municipal limits, may be permitted when the intention is to provide better accommodation or shifting into own building is proposed. Prior permission of the Competent Authority is required for any such shifting;”

5. Learned counsel appearing on behalf of the petitioner mainly contends that the petitioner institution was issued with provisional recognition by respondent No.3