Andhra Pradesh High Court - Amravati
Ap Private Institutions Jac vs The State Of Andhra Pradesh on 20 January, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (Special Original Jurisdiction) ~~ coe WEDNESDAY, THE TWENTIETH DAY OF JANUARY, <8 TWO THOUSAND AND TWENTY ONE a : PRESENT: me THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI ~~ ** WRIT PETITION NO: 18208 OF 2020 -- Between: 1. AP Private Institutions JAC, Rep by its Chairman, L Jogi Rami Reddy R/o D. No. 97/28-6-3, 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 AND 1. 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. va 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 School Education Regulatory & Monitoring Commission dated 01.10.2020 vide Re.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. IA 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 Schoo! Education Regulatory & Monitoring Commission dated 01.10.2020 vide Re.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 orders of the High Court dated 08.10.2020, 05.11.2020, 03.12.2020 & 28-12-2020 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:
Learned counsel for the petitioners seeks time to file reply- affidavit/rejoinder. Post after two weeks. Interim order, passed earlier, is extended for three weeks. | Sd/-V.Satyanaray {TRUE COPY// For To SECTION OFFICER
1. One CC to Sri M.Sri Vijay Advocate [OPUC]
2. Two CCs to GP for Education, High Court Of Andhra Pradesh. [OUT]
3. One spare copy SP HIGH COURT
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KVLJ DATED:20-01-2021 -- NOTE: POST AFTER TWO WEEKS ORDER WP.No.18208 of 2020 a INTERIM STAY EXTENDED ~~ a a eo LE oF aL ena ot 4, Oo > 5-4 FERN & ~ .
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