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Midde Diwakar Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

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Andhra Pradesh HC
2026
Midde Diwakar Vs the State of ApMidde Diwakar v. the State of Ap

Dismissed¶¶33

Midde Diwakar v. the State of Ap

Andhra Pradesh High Court (Special Original Jurisdiction), Amaravati – Justice D Ramesh

Andhra Pradesh HC3 May 2026WP/26057/2025

Case brief

AI extract

What is this about?

WP 26057/2025; High Court of Andhra Pradesh at Amaravati; Justice D Ramesh; 04.05.2026; writ petition dismissed as withdrawn; permission to withdraw; IA No.1 of 2026; Section 151 CPC; Article 226; Articles 14 and 16; surplus teacher transfer; SPG Model Primary School Nandyal; SPG Aided High School Muthyalapadu; SPG CSI Schools Diocese of Nandyal; school education department; representations not acted upon; interim orders 24.09.2025 vacatur sought; no order as to costs; Midde Diwakar; State of AP; Commissioner and Director of School Education; District Educational Officer Nandyala; Mandal Educational Officer Nandyal; Ruth Showsheelya.

What did the court decide?

Permission to withdraw granted (IA No.1 of 2026 allowed); main writ petition dismissed as withdrawn; no order as to costs; pending miscellaneous petitions closed. ¶¶33

Why is it important?

The interlocutory application seeking permission to withdraw the writ petition is allowed, and consequently the main Writ Petition is dismissed as withdrawn, as prayed for. ¶¶33

What the court decided

AI extract

Outcome

Permission to withdraw granted (IA No.1 of 2026 allowed); main writ petition dismissed as withdrawn; no order as to costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the respondents' action in identifying the petitioner as surplus in SPG Model Primary School, Nandyal and posting him to SPG Aided High School, Muthyalapadu Village despite his seniority, while retaining juniors, is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India (raised in the petitioner's prayer; not adjudicated as the petition was withdrawn). +1 more

Ratio / Principle

The interlocutory application seeking permission to withdraw the writ petition is allowed, and consequently the main Writ Petition is dismissed as withdrawn, as prayed for.

Key takeaways

There shall be no order as to costs.ratio¶¶33
Miscellaneous Petitions, if any, pending in the petition shall stand closed.ratio¶¶34

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Special Original Jurisdiction), Amaravati — Justice D Ramesh — WRIT PETITION NO: 26057/2025 (Midde Diwakar v. State of AP and others), decided 04.05.2026. The petitioner, a teacher identified as surplus in SPG Model Primary School, Nandyal and posted to SPG Aided High School, Muthyalapadu Village, had sought a writ of Mandamus declaring the transfer proceedings (Rc.No.Spl/SPG CSI Schools/NDL/2024, dt.25.11.2024) and the respondents' non-action on his representations illegal, arbitrary and violative of Articles 14 and 16 of the Constitution. As learned counsel for the petitioner filed Interlocutory Application No.1 of 2026 seeking permission to withdraw, the Court allowed the IA and dismissed the main writ petition as withdrawn, with no order as to costs; pending miscellaneous petitions were closed. The substantive grievances were not adjudicated.

A

[3208]

APHC010497272025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26057/2025

Between:

MIDDE DIWAKAR, S/OM.SAMUEL, AGED 55 YEARS, R/O D.NO.26-603, CL-2, VC COLONY, NANDYAL, KURNOOL DISTRICT.

...PETITIONER

AND

THE STATE OF AP, ,REP. BY ITS SPECIAL CHIEF SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.

THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA.

THE REGIONAL JOINT DIRECTOR, GOVERNMENT OF ANDHRA PRADESH, NANDYAL DISTRICT. 4.

THE DISTRICT EDUCATIONAL OFFICER, NANDYALA, NANDYAL DISTRICT. 5.

THE MANDAL EDUCATIONAL OFFICER, NANDYAL, NANDYAL DISTRICT

THE SPG CSI SCHOOLS, DIOCESE OF NANDYAL, REP. BY ITS CORRESPONDENT, NANDYAL, NANDYAL DISTRICT. 7.

SMT RUTH SHOWSHEELYA, SECOND GRADE TEACHER SPG MODEL PRIMARY SCHOOL, NADHYAL, NANDHYAL DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of the Respondents in identifying the Petitioner as surplus in SPG Model Primary School, Nandyal, thereby posting the Petitioner to another school i.e., SPG Aided

2

High School, Muthyalapadu Village of Chagalamarri Mandal, Nandyal District, though the Petitioner is Senior and by retaining juniors i.e Respondents as illegal, arbitrary and violation of Article 14 and 16 of the Constitution of India and further action of the Respondents No.4 and 5, in not taking any action of the representations made by the Unofficial Petitioner on 27.11.2024 07.12.2024, 23.12.2024, as illegal, and arbitrary consequently direct the Respondents to shift the Petitioner to the SPG Model Primary School, Nandyal by setting aside the Impugned Proceedings in Rc.No.Spl/SPG CSI Schools/NDL/2024, dt25.11.2024, in the interest of justice and pass IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim orders dated 24.09.2025 in WP.No.26057 of 2025 and dismiss the writ petition in the interest of justice and may be pleased to pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit the Petitioner herein in the W.P.No. 26057 OF 2025, to withdraw from the present Writ Petition, in the interest of Justice and pass

Counsel for the Petitioner:

1.G V SHIVAJI

Counsel for the Respondent(S):

1.RIZWAN ALI SHAIK

2.GP FOR SERVICES II

3

The Court made the following ORDER:-

As the learned counsel for the petitioner has filed Interlocutory Application No.1 of 2026 seeking permission to withdraw the writ petition, and the said interlocutory application is hereby allowed, the main Writ Petition is dismissed as withdrawn, as prayed for. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the petition shall stand closed.

________________________ JUSTICE D RAMESH

04.05.2026 klk

4

37

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 26057/2025

04.05.2026

klk

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the respondents' action in identifying the petitioner as surplus in SPG Model Primary School, Nandyal and posting him to SPG Aided High School, Muthyalapadu Village despite his seniority, while retaining juniors, is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India (raised in the petitioner's prayer; not adjudicated as the petition was withdrawn).medium confidence¶¶19
2.
Whether the failure of Respondents No.4 and 5 to take any action on the petitioner's representations dated 27.11.2024, 07.12.2024 and 23.12.2024 is illegal and arbitrary (raised in the petitioner's prayer; not adjudicated as the petition was withdrawn).medium confidence¶¶21

Statutes considered

3 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶¶19 Article 14; Article 16¶¶21
Code of Civil Procedure (CPC)Section 151¶¶22

Procedural history

How this case reached the court

AI extract

Order under challenge
Proceedings in Rc.No.Spl/SPG CSI Schools/NDL/2024, dt.25.11.2024, by which the petitioner was identified as surplus in SPG Model Primary School, Nandyal and posted to SPG Aided High School, Muthyalapadu Village, Chagalamarri Mandal, Nandyal District, despite his seniority and while juniors were retained; challenged through this writ petition seeking a writ of Mandamus.¶¶21
25.11.2024
Prior proceeding
Petitioner made representations to Respondents No.4 and 5 on 27.11.2024, 07.12.2024 and 23.12.2024, which were not acted upon; this non-action was also sought to be declared illegal and arbitrary.¶¶21
Prior proceeding
Interim orders had been passed on 24.09.2025 in WP.No.26057 of 2025; IA No.2 of 2025 was filed seeking vacation of those interim orders and dismissal of the writ petition.¶¶23
Prior proceeding
Learned counsel for the petitioner filed Interlocutory Application No.1 of 2026 seeking permission to withdraw the writ petition, which led to the final disposition.¶¶33

Parties & counsel

AI extract

petitioner
MIDDE DIWAKAR, S/OM.SAMUEL, AGED 55 YEARS, R/O D.NO.26-603, CL-2, VC COLONY, NANDYAL, KURNOOL DISTRICT¶¶8
G V SHIVAJI
respondent
THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT¶¶11
RIZWAN ALI SHAIK, GP FOR SERVICES II
respondent
THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA¶¶12
respondent
THE REGIONAL JOINT DIRECTOR, GOVERNMENT OF ANDHRA PRADESH, NANDYAL DISTRICT¶¶13
respondent
THE DISTRICT EDUCATIONAL OFFICER, NANDYALA, NANDYAL DISTRICT¶¶14
respondent
THE MANDAL EDUCATIONAL OFFICER, NANDYAL, NANDYAL DISTRICT¶¶15
respondent
THE SPG CSI SCHOOLS, DIOCESE OF NANDYAL, REP. BY ITS CORRESPONDENT, NANDYAL, NANDYAL DISTRICT¶¶16
respondent
SMT RUTH SHOWSHEELYA, SECOND GRADE TEACHER SPG MODEL PRIMARY SCHOOL, NADHYAL, NANDHYAL DISTRICT¶¶17

Coram

AI extract

Justice D Rameshauthor¶¶6

Case details

As recorded by the court registry

Court: Andhra Pradesh HC
Decided on: 3 May 2026 · May
Registered: 20 Sept 2025
Case no.: WP/26057/2025
CNR: APHC010497272025
Topic: Writ and Judicial Review
Bench: D Ramesh
Disposal: WITHDRAWN
Case type: Writ Petition

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Cite this judgement

Midde Diwakar v. the State of Ap, WP/26057/2025 (AP), decided on 3 May 2026.

The High Court of Andhra Pradesh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226 · Article 14; Article 16
Code of Civil Procedure (CPC)Section 151

View all statutes

Procedural history4

Proceedings in Rc.No.Spl/SPG CSI Schools/NDL/2024, dt.25.11.2024, by which the petitioner was identified as surplus in SPG Model Primary School, Nandyal and posted to SPG Aided High School, Muthyalapadu Village, Chagalamarri Mandal, Nandyal District, despite his seniority and while juniors were retained; challenged through this writ petition seeking a writ of Mandamus.25.11.2024
Petitioner made representations to Respondents No.4 and 5 on 27.11.2024, 07.12.2024 and 23.12.2024, which were not acted upon; this non-action was also sought to be declared illegal and arbitrary.
Interim orders had been passed on 24.09.2025 in WP.No.26057 of 2025; IA No.2 of 2025 was filed seeking vacation of those interim orders and dismissal of the writ petition.

View full history

Bench / Coram

Justice D Ramesh

Parties & counsel