Andhra Pradesh High Court

WP/13332/2026 of Sri Balaji Vidyaniketan EM UP School Vs The State of Andhra Pradesh on 23 September 2026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13332/2026 Between: 1. SRI BALAJI VIDYANIKETAN EM UP SCHOOL, REP BY ITS SECRETARY AND

APHC010255212026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE 24th DAY OF SEPTEMBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 13332/2026

Between:

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1. SRI BALAJI VIDYANIKETAN EM UP SCHOOL, REP BY ITS SECRETARY AND CORRESPONDENT, SMT. S.NAGAVENAMMA, ADONI, KURNOOL DISTRICT. 518001

2. ESWAR EDUCATIONAL AND CULTURAL SOCIETY, REG. NO. 395/2004, REP BY ITS PRESIDENT B SREENIVAS S/O. LATE B YELLAPPA AGED ABOUT 64 YEARS HINDU D NO. 5/1199, HANUMAN NAAR, A PNI, KURNOOLDISTRICT - 518001

3. KURUVA VEERESH, S/O. K SEENA, AGED ABOUT

CULTIVATOR, RESIDENT OF HOUSE NO. 5/557-1, SREE RAJA RAJESWARI NAGAR, ADONI-518301, KURNOOL DISTRICT, A.P. - 518001

...PETITIONER(S) AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPT

SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522002

2. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA, YSR DISTRICT. 516001

3. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL DISTRICT, 518001

...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 tomay be pleased to pas orders particularly one in the nature of writ of mandamus in exercise of power under Article 226 of the Constitution declaring the impugned show cause notice in Rc.No. Spl.B4/2026 dt. 3.4.2026 and final orders in Rc.No. 25381B412026 dt., 27.4.2026 of the 3rd respondent withdrawing recognition to the 1St petitioner as mis conceived, arbitrary, illegal, ultra-vires, violative of the provisions of A.P. Education Act, principles of natural justice, Section 21 of A.P. Education Act,1982 and Article 14, 19(1)(g) and 21 of the Constitution of India and consequently set aside the same and direct the respondents examine the structural soundness of the building and consider the explanation in proper perspective and allow the functioning of school and pass such 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 suspend the impugned show cause notice in Rc.No. Spl.B4/2026 dt. 3.4.2026 and orders Rc.No. 2538/B4/2026 dt. 27.4.2026 of the 3rd respondent withdrawing recognition to the 1St petitioner School pending disposal of the above writ petition and pass such IA NO: 2 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 vacate the interim orders in WP No 13332 of 2026, dated 08.05.2026 in the interest of justice and pass Counsel for the Petitioner(S):

1. KASA JAGANMOHAN REDDY Counsel for the Respondent(S):

1. GP FOR EDUCATION

The Court made the following order:

The petitioners are aggrieved by issuance of the impugned proceedings dated 03.04.2026 and subsequent orders dated 27.04.2026, whereby respondent No. 3 has withdrawn the recognition granted the 1st petitioner- school.

2. The learned counsel appearing for the petitioners submits that the 1st petitioner was issued a show cause notice for conducting classes during holidays and on that day, a portion of the ceiling plaster collapsed, resulting in injuries to two 3rd Class students, who were shifted to the hospital for treatment. The petitioner submitted his reply to the show cause notice and also undertook for getting the required repairs to the building. Unmindful of the reply, the District Education Officer, Kurnool issued further proceedings dated 27.04.2026, whereby the recognition granted to the 1st petitioner-school was withdrawn with immediate effect and the Mandal Education Officer was instructed to ensure shifting/transferring of all existing students to nearby recognized schools without academic loss, to take possession of the school records and maintain them in safe custody, to immediately Issue fresh notice regarding closure of the school, and submit a compliance report to the undersigned within three days. These proceedings are challenged by the petitioners before this court.

3. This Court, while admitting the writ petition on 08.05.2026, considered the submissions and granted interim order permitting the petitioner to carry out the necessary repairs within a reasonable period of time, and the authorities were entitled to take further action in the event the petitioners do not carry out the necessary repairs to the structure as required.

4. The learned Assistant Government Petitioner, appearing for the respondents, submits that the 3rd respondent has filed a detailed counter and it is stated in the counter that the petitioner has complied with the directions of this Court and carried out the necessary repairs to the school building, and submitted a request for continuation of the school. It is also stated in the counter that a compliance report was also submitted to the Mandal Education Officer and a Structural Soundness Certificate was also furnished by the management to the 3rd respondent. The 3rd respondent, vide proceedings dated 12.06.2026, has also permitted to the petitioner to run the school.

5. Considering these submissions, the Writ Petition can be disposed of by setting aside the impugned proceedings, as the petitioners have carried out the required and necessary repairs to the existing school building. The repairs carried out were also inspected by the competent respondent authorities, and the petitioners have also submitted a Structural Soundness certificate. On these considerations, no further orders are required to be passed on merits in the writ petition.

6. Accordingly, the Writ Petition is allowed setting aside the impugned proceedings in Rc.No.2538/B4/2026 dated 27.04.2026, issued by the 3rd respondent. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

____________________ JUSTICE HARINATH.N 24.09.2026 RJS/GCD

HON’BLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 13332/2026

Dt: 24.09.2026

RJS/GCD

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