HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.18956 OF 2025

ORAL ORDER:

Heard Mr. S.S. Maruti Rao, learned counsel for the petitioner and learned Assistant Government Pleader for School Education.

2. In compliance with the order dated 03.07.2025, learned counsel for the petitioner has filed proof of service vide USR No.66357, dated 07.07.2025. Despite service of notice, there is no representation on behalf of respondent No.7.

3. The petitioner herein is a High School. It is being run by M/s. Adventist Victory Educational Society. The said society is running the said school from 2017 onwards at H.No.30-123, Sai Baba Nagar, Gajularamaram Village, Qutubullapur Mandal, Medchal – Malkajgiri District. According to the petitioner, respondent No.7 is the owner of the said premises. He was founder Member of the aforesaid society. There were disputes between the Members of the said society and respondent No.7. Therefore, respondent No.7 directed the petitioner school to shift the said school including infrastructure etc. Thus, under compulsion, the said society has shifted the petitioner school to the present premises bearing H.No.2-89/22/2/3, Plot No.165, Jaisantosh Nagar, Suraram Colony, IDA, Jeedimetla, Medchal - Malkajgiri District. It has 285 students including about 25 students who have completed 10^th Class.

4. While the matter stood thus, respondent No.6 has issued show-cause notice dated 29.05.2025 alleging that on verification of the Admission Register, he has found so many gaps were found noticed in the said Register; the petitioner did not enter the details while issuing Transfer Certificates (TCs) from 2018 onwards; students details are not entered correctly and also parents details, date of birth etc., are also missing in the said Register; so many admission numbers without any information were written with pencil. The same shows the negligence and misusing of the petitioner school. The said acts of the petitioner are in violation of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Management) Rules, 1993 (for short ‘Rules, 1993’) issued by the Government vide G.O.Ms.No.1, Education (P.S.2) dated 01.01.1994. It is further alleged that the petitioner shifted the school from previous building to the present building without information and without obtaining prior permission. Till now it has not submitted original ETR File. Therefore, the petitioner was called upon to submit explanation within three (03) days. Admittedly, the petitioner did not submit any explanation to the said show-cause notice. Perusal of the said show-cause notice would reveal that respondent No.6 has issued first notice dated 31.12.2024 to the petitioner school pointing out certain lapses/ deficiencies. Learned Assistant Government Pleader for School Education, on instructions, would submit that the petitioner has submitted explanation on 03.01.2025, but it has not complied with the said deficiencies/lapses pointed out by respondent No.6.

5. It is the specific contention of the petitioner that respondent No.6 has seized the school on 10.06.2025. It is also the contention of the petitioner that respondent No.6 has taken away the Registers including TC Register. The same is in violation of the procedure laid down under the Education Act, 1982 and the Rules, 1993.

6. It is further contended by learned counsel for the petitioner that respondent No.7 is running school in old premises with the same name i.e., A.V. Model High School which is illegal. Therefore, the petitioner has submitted representations dated 27.06.2025 and 30.05.2025 to respondent No.5 with a request to take action against respondent No.7 and to accord permission to the petitioner to shift the school. Despite receiving and acknowledging the same, respondent No.5 did not act upon the same. Aggrieved by the said inaction of respondent No.5, the petitioner filed the present writ petition.

7. Whereas, learned Assistant Gov