HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.25303 OF 2025

ORDER

Heard Sri K. Buchi Babu, learned counsel for the petitioner and learned Govt.Pleader for School Education.

2. Vide order dated 01.07.2025 in W.P.No.16639 of 2025, while disposing the writ petition, this Court directed 4^th respondent herein to consider the application dated 30.10.2022, NOCs submitted by the petitioner dated 17.04.2024 and 02.05.2025 and also report dated 04.06.2025 to start upper primary school from the classes 1 to 7 English medium with State Syllabus. This Court also granted liberty to the 4^th respondent to seek further information, if any, from the petitioner in terms of the Telangana Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules,1993 issued by the Government vide G.O. Ms. No.1, Education (P.S.2), dated 01.01.1994. On receipt of the said information, this Court directed the 4^th respondent to consider the application dated 30.10.2022 submitted by the petitioner. If 4^th respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass an order and furnish a copy of the said order to the petitioner. However, this Court directed 4^th respondent to complete the said exercise within four weeks from the date of receipt of a copy of the said order.

3. In compliance with the said order, vide impugned proceedings dated 23.07.2025, 4^th respondent rejected the application submitted by the petitioner on the following grounds:-

A. As per the Rule (6) of G.O.Ms.No: 1 Edn. Dated: 01-01-1994, “The application seeking permission for establishment of a new school or up gradation of the existing school shall be submitted to the competent authority on or before the 31^st October of the proceeding academic year in triplicate in form 1." and extension of time is given up to 31st December of preceding year of opening the school, with penalty.

B. The proposals for permission to open classes Nursery to VII English Medium for the academic year 2025-2026 is not feasible for consideration on the basis of proposals submitted for the year 2023- 2024, as the G.O.is very clear that application submitted before 31^st December of the preceding year, for opening of school in the next academic year. In the instant case, the management applied online during 2022 without enclosing any mandatory documents.

C. The management ought to have applied any proposals for seeking permission to open classes for the academic year 2025-2026 within the stipulated time with all documents in the preceding year i.e., 2024.

D. The management submitted online application during 2022, without enclosing the mandatory documents instead of rectifying the defects in time, submitted proposals during June 2025 i.e., after three (3) years.

E. As per the report of the Inspecting officer, MEO dated 04-06-2025 "The construction of school building is under process and it is incomplete shape as such it is not feasible to run the classes"

F. The information furnished by the management in the reference 12^th read above do not contain any new or additional information than the available information.

4. As discussed supra, 4^th respondent has specifically stated that the construction of school building is under process and it is incomplete, as such it is not feasible to the petitioner to run classes. In the light of the said submission, this Court directed learned counsel for the petitioner to file copies of the colour photographs of the subject building.

5. Sri K.Buchi Babu, learned counsel for the petitioners filed memo vide USR No.90373 of 2025, dated 28.08.2025 along with the photographs. Perusal of the same would reveal that construction of ground floor of the building is completed.

6. As discussed supra, the petitioner is intending to start only upper primary school i.e. upto 7^th class. 10^th class rooms are ready.

7. It is the specific contention of the learned counsel for the petitioner that 4^th respo