Andhra Pradesh High Court - Amravati
Ap Private Institutions Jac vs The State Of Andhra Pradesh on 8 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
ahs IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI |" *. (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 18208 OF 2020 Between: 4. AP Private Institutions JAC, Rep by its Chairman, L Jogi Rami Reddy R/o D. No. 57/28-6-3, Pavan Nagar, Akkayapalli, Kadapa - 516 003, YSR District, Andhra Pradesh 2. Visakha Region Un-Aided EM Recognized School Association, (Regd No 1946/2005) Rep by its President VV Ramaraju R/o Balighattam, Narsipatnam, Visakhapatnam District, Andhra Pradesh 3. Kadapa Regional Unaided Schools Management Association (KRUSMA) Recognised Un-Aided Private School, Rep by its L Jogi Rami Reddy R/o 57/28- 6-3, Pavan Nagar, Akkayapalli Kadapa 516 003, YSR District, Andhra Pradesh Petitioners 4. The State of Andhra Pradesh, rep by its Principal Secretary, School Education Department Secretariat, Tullur, Velagapudi, Guntur District 2. The Director of School Education Government of Andhra Pradesh, B-Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, Ibrahimpatnam, Vijayawada-521456. 3. The Andhra Pradesh School Education, The Andhra Pradesh School Education Regulatory and Monitoring Commission Rep by its Secretary B-Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, Ibrahimpatnam, Vijayawada-521456. Respondents 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 to issue an appropriate writ more in the nature of Writ of Mandamus declaring the proceedings issued by the 3rd Respondent i.e. the Chairperson of Andhra Pradesh Schoo! Education Regulatory & Monitoring Commission dated 01.10.2020 vide Rc.No.634/APSERMC/2020 issued under the written instructions of 2nd Respondent vide Lr Re No 145/A and | 2020, Dated 29-09-2020 whereby and where under, his subordinate i.e. the Vice Chairperson of the Commission has been directed to conduct the detail inspection of all the educational institutions in the State including the Government, the aided, the un-aided and private educational institutions by fixing a time of a fortnight which inspection includes the review of standards being maintained by each school, ascertaining the strength of the pupils in each school students-Teacher ratio, salaries to the teaching and non-teaching staff, number of class-rooms, number of sections, the fee structure and other relevant records in depth ignoring the unprecedented situated caused due to Covid-19 as the entire State is grappled with the pandemic Covid-19 and the institutions remained shut since March 2019 with any amount of uncertainty of reopening in the near future despite unlock 5.0 declared by the Ministry of Home Affairs, Government of India, as being arbitrary, illegal and violative of Articles 14, 19, 30 (1) and 300-A of the Constitution of India besides in contraventions of Sections 31 and 31 (2) of the A.P.Education Act and the rules framed there-under and consequently set aside the same. 1A NO: 1 OF 2020 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 to set aside the impugned proceedings issued by the 3 Respondent i.e. the Chairperson of Andhra Pradesh School Education Regulatory & Monitoring Commission dated 01.10.2020 vide Rco.No.634/APSERMC/2020 issued under the written instructions of 2nd Respondent vide Lr Rc No 1451A&I/2020 Dated 29-09-2020, pending disposal of W.P.No.18208 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri.M.Sri Vijay, Advocate for the petitioners and of GP for Education for Respondents, the Court made the following. ORDER:
Heard the learned counsel for the petitioners and learned Assistant Government Pleader for School Education representing respondents.
The grievance of the petitioners in the present writ petition is that the respondent No.3 by issuing proceedings in Rc.No.634/APSERMC/2020 dated 01.10.2020 is proposing to conduct inspection to verify the availability of teaching staff, infrastructure facilities and also other details as furnished in the UDISE data in phased manner by forming teams. For the said purpose, a schedule has been issued for verification from 05.10.2020 to 31.10.2020 with the assistance of Head Masters, teachers, village/welfare assistant, village/ward engineering assistant of the local village ward/ secretariat. The learned counsel for the petitioners submits that the very existence of the respondent No.3/Commission is under challenge in Writ Petition No.9563 of 2020 and Batch and when the respondent No.3 sought information with regard to details of bank, employees, fees collected and expenditure etc., an interim order has been passed in the said writ petition granting interim suspension of the notification impugned in the said writ petition. He further submits that now the respondent No.3 had made another attempt despite the pendency of the above writ petition and interim orders granted therein, by undertaking the inspections in the schools that too during the present pandemic situation. The learned counsel for the petitioners states that the institutions/schools under the different managements are not functioning for the last eight months and there is a slack of attendance of teaching and non-teaching staff in most of the institutions owing to the prevailing Covid-19 situation. The learned counsel for the petitioners also submits that the team which is contemplated for the purpose of inspection is not having competency. Without prejudice, the learned counsel for the petitioners' states that though it is not the intention of the petitioners to avoid any inspection, in the present situation of pandemic it is not appropriate to undertake any exercise as contemplated by the respondent No.3.
The learned Assistant Government Pleader placed instructions received from the respondent No.3 and submits that in view of the relaxations of the lock down and taking up of classes through on-line by most of the institutions, the inspections as contemplated can as well be carried out. Learned Assistant Government Pleader also tried to justify the action of the respondent No.3 stating that it has the authority and jurisdiction to undertake the exercise as contemplated in the interest of students at large.
Considering the submissions made by both the learned counsel and in view of the specific contentions raised in the writ petition, this Court without expressing any view on the power or otherwise of the Commission, is of the prima facie view that undertaking exercise as contemplated in the impugned proceedings dated 01.10.2020 in the present pandemic situation when the schools and other educational institutions are not fully functioning is not justified.
In such view of the matter, there shall be interim stay of all further proceedings, pursuant to the proceedings issued by the respondent No.3 dated 01.10.2020, for a period of six (6) weeks.
List the matter after four (4) weeks for filing counters by the concerned respondents.
Sd/- K. JAGANMOHAN en ele ITTRUE COPY// SECTION OFBICER, Fo To,
1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Guntur District
2. The Director of Schoo! Education Government of Andhra Pradesh, B-Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, lbrahimpatnam, Vijayawada-521456.
3. The Secretary, The Andhra Pradesh School Education Regulatory and Monitoring Commission, B-Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, lbrahimpatnam, Vijayawada-521456. (1 TO 3 by RPAD) One CC to Sri.M.Sri Vijay Advocate [OPUC] Two CCs to GP for Education, High Court Of Andhra Pradesh. [OUT] One spare copy Foon S HIGH COURT NJSJ DATED:08/10/2020 NOTE: LIST THE MATTER AFTER FOUR (4) WEEKS ORDER WP.No.18208 of 2020 INTERIM STAY G Ae Zee ANDHSS See Ey VA 3 oe A £ j= T $f (5 42 0cT aA