HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.14006 OF 2025

ORAL ORDER:

Heard Sri K. Sandeep Kumar, learned counsel for petitioner, learned Assistant Government Pleaders for School Education & Panchayat Raj and Sri Ch. Jayakrishna, learned counsel appearing for respondent Nos.7 to 9.

2. Petitioner herein is a High School running since 2019 for Classes I to IX in English Medium. According to the petitioner, respondent Nos.7 and 8 have submitted an application to respondent No.4 seeking permission to start a new school (Delhi World School) within the radius of 200 meters from the petitioner’s school which is contrary to Rule - 4 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. Therefore, the petitioner has filed a writ petition vide W.P.No.21166 of 2023 to declare the said action of respondent Nos.7 and 8 herein as illegal. The said Writ Petition came up for hearing on 09.10.2023, on which date, learned Government Pleader for School Education has produced written instructions dated 16.08.2023 of respondent No.3 herein stating that as on the said date, respondent No.3 has not received any application from respondent Nos.7 and 8 seeking permission to start a private school within the radius of one kilometer to that of the petitioner school. Recording the said submission, this Court disposed of the said Writ Petition on 09.10.2023 directing respondent Nos.3 and 4 herein to follow the criteria for establishment of schools as stipulated in Rule - 4 of the Andhra Pradesh Educational Institutions (Establishment, recognition, administration and control of schools under private Management) Rules, 1993 (for short ‘Rules, 1993’) framed vide G.O.Ms.No.1, Education (P.S.2) dated 01.01.1994, strictly and to adhere to the same.

3. According to the petitioner, respondent Nos.7 to 9 have submitted application on 24.12.2024 to respondent No.4 with a request to accord permission to start High School in English Medium in CBSE syllabus and respondent No.2 has accorded permission on 28.02.2025 for Classes I to VIII in CBSE Syllabus.

4. According to Ch. Jayakrishna, learned counsel appearing for respondent Nos.7 to 9, respondent No.9 school started for academic year 2025-26. At present, there are 200 students.

5. It is the specific contention of the petitioner herein that respondent No.9 has obtained permission to start High School in Survey No.291/KA/4, Pudur Village, Veerapuram, Gadwal Mandal, which is less than 1 kilometer to the petitioner’s school. The same is in violation of Rule - 4 of the Rules, 1993 issued by the Government vide G.O.Ms.No.1, dated 01.01.1994. However, the petitioner has not submitted any application to respondent No.2 to cancel permission issued in favour of respondent No.9 on the ground that it is in violation of Rule - 4 of the Rules, 1993. According to learned counsel for the petitioner, vide order dated 09.10.2023 in W.P. No.21166 of 2023, this Court has already directed respondent Nos.2 and 3 herein to follow the criteria for establishment of schools as stipulated in Rule - 4 of the Rules, 1993 issued vide G.O.Ms.No.1, dated 01.10.1994, strictly and to adhere to the same. Therefore, there is no need of submission of fresh application and it is the duty of respondent No.2 to comply with the said order. Respondent No.2 did not comply with the said order.

6. Respondent No.2 has filed counter contending that the petitioner herein is running a school in the name ‘S.R. Vidhya Nikethan International School’ at Jogulamba Mandal in Jogulamba District since 2019 from Classes I to X English Medium with CBSE Central Syllabus in the locality by obtaining requisite permission and recognition to run the school. The grievance of the petitioner herein is not to give permission or recognition to respondent No.9 school from functioning