Allowed

M/s. Amulya Tutorial School, v. The State of Andhra Pradesh

Telangana HC13 Jul 2016WP/22715/2016

Case brief

AI extract

What is this about?

The Court allowed the petition filed by a tutorial institution in Visakhapatnam. It directed respondents not to interfere with the petitioner's informal educational activities despite a previous order on unrecognized schools, noting registration has not been handled by the Government and procedural safeguards were not followed.

What did the court decide?

Petitioner directed not to be interfered with in imparting informal tutorial education; respondents can issue notice for further action.

M/s. Amulya Tutorial School, Vs The State of… — Education and Admissions | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.22715 of 2016

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ORDER:

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The petitioner claims to be a tutorial institution functioning in and around Visakhapatnam city. It is stated that they impart only informal tutorial education and not regular course of study. The State of Andhra Pradesh framed A.P. Tutorial Institutions (Registration and Regulation) Rules 1997, in exercise of powers under Section 32 read with Section 99 of the A.P. Education Act, 1982, providing rules for registration and regulation of tutorial institutions. The petitioner contends that though the rules were framed, the activity of registration is not being undertaken by the Government and that they are prepared to obtain registration as and when the respondents take steps in this regard. The grievance of the petitioner is that the respondents are preventing them from functioning, on the strength of the order passed by this Court in W.P.No.11007 of 2009 and batch dated 07.09.2009.

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Heard learned counsel for the petitioner and learned Government Pleader for School Education.

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The establishment of tutorial institutions is not prohibited under law. On the other hand, the Government framed rules for registration and regulation of such institutions. The order passed by this Court in W.P.No.11007 of 2009 and batch is in respect of unrecognized schools. Firstly, the petitioner did not answer the description of schools. Secondly, even assuming that the petitioner is indulging in any activity contrary to law, they can be proceeded against, only after issuance of show cause notice. No such steps were taken.

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Hence, the writ petition is allowed and the respondents are directed not to interfere with the activity of imparting informal tutorial education by the petitioner. It shall however, be open to them to issue notice and take further action in accordance with law.

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Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

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13.07.2016 vhb

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JUSTICE C.PRAVEEN KUMAR

M/s. Amulya Tutorial School, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s. Amulya Tutorial School, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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