Disposed¶42

S. Afsa Bi, v. The State of Andhra Pradesh

Andhra Pradesh HC20 Apr 2026WP/7840/2026

Case brief

AI extract

What is this about?

RTE Act 2009; Section 12(1)(c) RTE admission; continuation of minor student in private school; KREDO THE SCHOOL, Kurnool; District Collector and District Educational Officer inaction; representations dated 03.11.2025, 08.12.2025, 23.02.2026; denial of entry to school and demand of fees; Section 13 RTE Act; G.O.Ms.No.1 School Education; interim order of continuation and allotment; grievance addressed; writ petition closed; no costs; Article 226; Articles 21 and 21-A; Section 151 CPC; IA No.1 of 2026.

What did the court decide?

Writ Petition closed as the Petitioner's grievance stood addressed (Petitioner allotted to Respondent No.5/School pursuant to the interim order); no order as to costs; pending miscellaneous petitions closed as a sequel. ¶42

S. Afsa Bi, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the inaction of Respondent Nos. 3 and 4 in not considering the Petitioner's representations dated 03.11.2025, 08.12.2025 and 23.02.2026 for ensuring her continuation in Respondent No.5/School under the Right of Children to Free and Compulsory Education Act, 2009, and in not taking action against Respondent No.5/School, is illegal and arbitrary. +1 more

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Ratio / Principle

As the grievance of the Petitioner stood addressed — the Petitioner having been allotted to Respondent No.5/School pursuant to the interim order passed by this Court — the Writ Petition is closed, with no order as to costs.

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Key takeaways

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.ratio¶43-44

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), single Judge (Nyapathy Vijay, J.), W.P.No.7840 of 2026, decided 21.04.2026 — A minor student, claiming admission under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, filed a writ petition under Article 226 complaining of the inaction of the District Collector, Kurnool and the District Educational Officer, Kurnool (Respondent Nos. 3 and 4) in not considering her representations dated 03.11.2025, 08.12.2025 and 23.02.2026 for continuation of her studies at Respondent No.5 school (KREDO THE SCHOOL, Kurnool) under the RTE Act, and in not taking action against the school for denying her entry and demanding fees in violation of Sections 12 and 13 of the RTE Act. An application under Section 151 CPC (IA No.1 of 2026) sought her interim continuation in classes without fee. During pendency, the Court passed an interim order continuing the Petitioner in the school under the RTE Act and directing the authorities to address the lapses pointed out by the school regarding her admission. On the learned Standing Counsel for Respondent No.4 stating that, pursuant to the interim order, the Petitioner stood allotted to Respondent No.5 school — which learned counsel for the Petitioner reiterated — the Court held that the Petitioner's grievance stood addressed and closed the Writ Petition with no order as to costs; pending miscellaneous petitions were closed as a sequel.

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APHC010146712026

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

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[3460]

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TUESDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 7840/2026

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Between:

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S. AFSA BI,, D/O. S. AFZAL BASHA.AGED ABOUT 9 YEARS, MINOR, REPRESENTED BY HER. NATURAL GUARDIAN AND MOTHER SMT. PATHAN RABIYA BASHIR KHATHU,W/O. S. AFZAL BASHA, R/O. H.NO. 3- 18, SEETHAMANI NAGAR, B. THANDRAPADU, G. PULLA REDDY ENGINEERING COLLEGE, KURNOOL, ANDHRA PRADESH - 518002.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT,SECRETARIAT, AMARAVATI, ANDHRA PRADESH.522238.

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THE COMMISSIONER OF SCHOOL EDUCATION, ,GOVERNMENT OF ANDHRA PRADESH,MANGALAGIRI, GUNTUR DISTRICT,ANDHRA PRADESH,522508.

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THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL ANDHRA PRADESH. 518002.

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THE DISTRICT EDUCATIONAL OFFICER AND EXOFFICIO PROJECT COORDINATOR, ,AP SAMAGRASHIKSHA, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 518002.

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KREDO THE SCHOOL, REP. BY ITS MANAGEMENT, B. THANDRAPADU, KURNOOL - 518007. (SCHOOL CODE. 28210702412, AFFILIATION NO. 130752)

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...RESPONDENT(S):

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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 OF MANDAMUS or any other appropriate Writ, Order, Orders or Direction, declaring the inaction of the Respondent No. 3 and 4 for not considering the representations dated. 03-11-2025, 0812-2025 and 23-02-2026 and granted any effective relief or issued any direction ensuring the Petitioners continuation under RTE and not taking any action against Respondent No. 5 for denying Petitioners entry to school as illegal, arbitrary, unconstitutional and violation of Section 12 and 13 of the RTE Act and compulsory education under Articles 21 and 21-A of the Constitution of India and direct the Respondents No. 1 to 5 to treat and continue the Petitioner as a student admitted under section 12 (1)(c) RTE Act at Respondent No.5 school from AY 2023-24 onwards till completion of elementary education (up to VIII), also to ensure that she receives all academic benefits, promotions, certificates without hindrance without demanding or collecting any fee from the Petitioners parents and consequently direct the Respondents No. 1 to 4 to initiate appropriate disciplinary and penal proceedings against management of Respondent No. 5 under the RTE Act, AP RTE Rules and G.O.Ms.No.1, School Education (Prog.II) Department, dated 0101-1994, for failing to upload RTE data, denying continuation to study under RTE and demanding fees in violation of Section 13 RTE Act and pass

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IA NO: 1 OF 2026

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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 Respondent No.5 to forthwith permit the Petitioner, S Afsa Bi (App.lD 2300041303), to attend classes in Class III (or the appropriate class for AY 2025-26) at Respondent No.5 School as a RTE student under Section 12(1 )(c), without insisting on payment of any fee and to allow her to write all ongoing and forthcoming examinations pending disposal of the main Writ Petition And pass

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Counsel for the Petitioner:

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1.Mohammed Shafi

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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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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.7840 of 2026

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O R D E R:

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The present Writ Petition is filed questioning the inaction

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of Respondent Nos.3 and 4 in not considering the representations dated 03.11.2025, 08.12.2025, and 23.02.2026 in ensuring the Petitioner’s continuation in Respondent No.5/School under The Right of Children To Free And Compulsory Education Act, 2009 and not taking any action against Respondent No.5/School, as illegal and arbitrary.

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This Court after taking note of the rival submissions, passed a detailed interim order with following directions, as extracted under:-

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(i). The Petitioner shall be continued in Respondent No.5/School under the Right of Children To Free And Compulsory Education Act, 2009, pending further orders.

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(ii). The Respondent-Authorities are directed to address the lapses pointed out by Respondent No.5/School regarding the admission of the Petitioner.

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