S D Little Champs English Medium School Vs the State of Andhra Pradesh

S D LITTLE CHAMPS ENGLISH MEDIUM SCHOOL, REP BY ITS CORRESPONDENT, MALLA SIVA PRASAD, S/O. TRIMURTULU, I AGED ABOUT 33 YEARS, OCC- CORRESPONDENT, R/O. MASIDHU STREET, KRISHNA BAZAR CENTRE, NARSIPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH-53116.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, 4TH BLOCK, I FLOOR, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT

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THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH VENKATADRI TOWERS, OPP. DGP OFFIEE BESIDES HAPPY RESORTS ATMAKUR, MANGALAGIRI, GUNTUR ANDHRA PRADESH.

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THE DISTRICT EDUCATIONAL OFFICER, C/O DISTRICT EDUCATIONAL OFFICE ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH.

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THE MANDAL EDUCATIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT, ANDHRA PRADESH

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AMARAVATHI SCHOOL, RUN UNDER MALLESWARI EDUCATIONAL SOCIETY REP BY ITS SECRETARY/CORRESPONDENT, RAMARAOPETA, NARSIPATNAM,ANAKAPALLI DISTRICT.

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...RESPONDENT(S):

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2

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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 action of the Respondents no.s 2 to 4 not taking action against the 5th Respondent as per their complaint of the Petitioner institution dated 28.07.2025 on the other hand permitting the 5th Respondent institution to take up the admission for the academic year 2025-26 knowing fully that the 5th Respondent is establishing this institution just opposite the Petitioners institution within the radius of 0.0 kms distance as being arbitrary, illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of India and Section 20 of the Andhra Pradesh Education Act and the Rules framed thereunder and consequently direct the Respondent authorities not to grant any statutory permission to the 5th Respondent school and issue

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IA NO: 1 OF 2025

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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 direct the respondent nos.2 to 4 to initiate action against the 5th respondent and not to to grant any stuatory permission to the 5th respondent in the interest of justice and pass

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Counsel for the Petitioner:

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1.P NANILU NAIDU

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION

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The Court made the following:

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3

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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WRIT PETITION No.30462 of 2025

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ORDER:

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This Writ Petition has been filed seeking to declare the action of respondent Nos.2 to 4 in not taking action against 5^th respondent pursuant to the complaint of petitioner institution dated 28.07.2025 and on the other hand, permitting 5^th respondent institution to take up the admission for the Academic Year 2025-26, knowing fully well that 5^th respondent is establishing the institution just opposite the petitioner’s institution within the radius of 0.0 kms distance, as illegal and arbitrary.

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Case of petitioner is that the petitioner institution is running school at Saradanagar, Balighattam, Narsipatnam, Anakapalli District. Respondent No.5, with political back ground, established one of its branches just opposite to the petitioner institution within the radius of 0.0 kms distance, contrary to Rule 4 of G.O.Ms.No.1, Education (P.S.2), Department, dated 01.01.1994. Petitioner institution made a complaint before respondent Nos.3 and 4 on 28.07.2025 raising its objections for establishing 5^th respondent school and requested the authorities to take necessary action. Though the complaint is acknowledged by the authorities, no action is being taken by them.

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4

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4^th respondent filed counter affidavit stating that 3^rd respondent has examined the proposals for permission to open 5^th respondent school i.e., Amaravathi School, being run under Malleswari Educational Society, rep. by its Secretary/ Correspondent, Ramaraopeta, Narsipatnam, Anakapalli District and rejected, on the ground that the school building is under construction, through online manner. Hence, no opening permission has been accorded to 5^th respondent with reference to the provisions laid down in G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994 and provisions laid down in the Right to Education Act.

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The averments in the counter affidavit filed by respondent No.4 are placed on record. In view of same, the Writ Petition is closed. No order as to costs.

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