Andhra Pradesh High Court - Amravati
Lutheran High School vs The State Of Ap on 5 November, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010565252025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3327]
(Special Original Jurisdiction)
WEDNESDAY, THE FIFTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 29370/2025
Between:
1. LUTHERAN HIGH SCHOOL, EDLAPADU REP., BY ITS
ADMINISTRATOR, JOSEPH P.S, EDLAPADU, EDLAPADU
MANDAL, PALANADU DISTRICT
2. ANDHRA LUTHERAN EVANGELICAL CHURCH, REP., BY
ITS. ADMINISTRATOR, JOSEPH P.S, D.NO.5-98-60, AEL
CHURCH HEAD QUARTERS, BECKER COMPOUND,
FR.HEYER ROAD, BRODIPET, GUNTUR DISTRICT - A.P.
PIN 522002
...PETITIONER(S)
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL
SECRETARY, SCHOOL EDUCATION
DEPARTMENT,SECRETARIAT BUILDINGS,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE COMMISSIONER AND DIRECTOR OF SCHOOL
EDUCATION, VIDYA BHAVAN, D.NO.398/3, VENKATADRI
TOWERS, BESIDE HAPPY RESORTS, ATMAKUR
(VILLAGE), MANGALAGIRI (MANDAL), GUNTUR
DISTRICT, 522503
3. THE REGIONAL JOINT DIRECTOR OF SCHOOL
EDUCATION, GUNTUR, COLLETCTORATE COMPOUND,
14TH CROSS ROAD, OPP TO R AND B QUARTERS,
ANDHRA PRADESH 522 004.
4. THE DISTRICT EDUCATIONAL OFFICER, PALNADU, NO.
9-9-40, BANK STREET, ARUNDELPET,
NARASARAOPETA, ANDHRA PRADESH, 522001.
5. THE DISTRICT EDUCATIONAL OFFICER, ERSTWHILE
GUNTUR, GUNTUR, ANDHRA PRADESH
SRK, J
W.P.No.29370 of 2025
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6. THE DEPUTY EDUCATIONAL OFFICER,
NARASARAOPET, PALANADU DISTRICT, ANDHRA
PRADESH
...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 to issue an appropriate writ, order or
direction more particularly one in the nature of writ of Mandamus
declaring the action of the 3rd Respondent in issuing the
Proceedings E File No. ESE02- 18024/1/2025-A SEC-RJD-GNT
dated 20-09-2025 directing the 4th and 5th Respondents to
initiate necessary action against the petitioner schools further 6th
Respondent without authority issuing proceedings Dis No. 391/
DyEO- NRT/2025 dated 23-09-2025, without providing
opportunity contemplated under the Education Act., 1982, and
The Right of Children To Free and Compulsory Education Act.,
2009 and Rules there under and without issuing proper notice
and statutory Period under the notice is highly illegal. Arbitrary,
Violation of Principles of Natural Justice and violation of Article 21
of Constitution of India and consequently set aside the
proceedings E File No. ESE02-18024/1/2025-A SEC-RJD-GNT of
the 3rd Respondent dated 20-09- 2025 and Proceedings Dis No.
391/DyEO-NRT/2025 dated 23-09-2025 of 6th Respondent as
illegal. Arbitrary, Violation of Principles of Natural Justice and
violation of Article 21 of Constitution of India and to pass
IA NO: 1 OF 2025
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 Stay the operation of the
proceedings E File No. ESE02-18024/1/2025-A SEC-RJD-GNT of
the 3rd Respondent dated 20-09-2025 and Proceedings Dis
No.391/DyEO-NRT/2025 dated 23-09-2025 of 6th Respondent
pending disposal of the above writ petition and to pass
Counsel for the Petitioner(S):
1. C SUNIL KUMAR REDDY
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
The Court made the following:
SRK, J
W.P.No.29370 of 2025
3
ORDER
This Writ Petition was filed seeking the following relief:
"to issue a Writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the action of 3rd respondent in issuing the Proceedings E File No.ESE02-18024/1/2025-A SEC-RJD-GNT, dated th th 20.09.2025 directing 4 and 5 respondents to initiate necessary action against the petitioners-schools, further 6th respondent without authority issuing Proceedings Dis. No.391/DyEO-NRT/2025, dated 23.09.2025 without providing opportunity contemplated under the Education Act, 1982 and the Right of Children to Free and Compulsory Education Act, 2009 and Rules thereunder and without issuing proper notice and statutory period under the notice, as illegal, arbitrary, violation of principles of natural justice and violation of Article 21 of the Constitution of India and consequently, set-aside the said proceedings and pass such other order or orders ...'
2. Contents of the affidavit filed by the Administrator of 1st petitioner-School and 2nd petitioner-Church, in brief, are that this Court vide Orders in Writ Appeal No.1033 of 2023, dated 03.04.2025, appointed Sri Justice Kurian Joseph, Former Judge, Hon'ble Supreme Court of India, as Controller of 2nd petitioner- Church, to look after the day-to-day administration of 2nd petitioner-Church and accordingly, the Controller assumed charge with effect from 25.04.2025. The Controller of 2nd petitioner-
SRK, J W.P.No.29370 of 2025 4 Church appointed Mr. Joseph PS, Former Judge, Senior Division, State of Kerala as Administrator and one Mr. Nelaturi Jesu Ratna Kumar, Former Junior Civil Judge of Andhra Pradesh, as Secretary of 2nd petitioner-Church.
(b) 1st petitioner-School was established in the year 1951-1952 under the Management of 2nd petitioner-Church; that 1st petitioner-School is providing quality education to the local population with a special focus on serving students from the Scheduled Caste (SCs), Backward Classes (BCs), surrounding villages, economically poor families and other underprivileged communities; that the respondents had granted permission and recognition and the same has been renewed from time to time; that 1st petitioner-School maintained considerable student strength for the Academic Years 2015-2016 to 2025-2026; that further considering the student strength of 1st petitioner-School, 21 posts of teaching and non-teaching staff were absorbed into grant-in-aid posts by the respondents.
(c) While the things stood thus, the respondents granted permission to Local Body, Zilla Parishad to establish a School within 1 km, that too, in the playground of 1st petitioner-School and the said school operations were commenced in the Academic SRK, J W.P.No.29370 of 2025 5 Year 2021-2022. The petitioners filed Writ Petition No.15538 of 2020 before this Court, to protect the properties of 1st petitioner- School, and this Court issued clear direction, restraining 5th respondent from interfering in the administration of 1st petitioner herein, directing the District Collector, Guntur to examine the proceedings No: L.Dis.501/88, dated 19.10.1988 forwarded by the Mandal Revenue Officer (Tahsildar) after giving an opportunity of hearing 1st petitioner herein and to pass appropriate orders and communicate the decision to 1st petitioner herein, within a period of three months from the date of receipt of copy of the order. In spite of direction issued by this Court, the Government completed construction of Zilla Prishad High School in the playground of 1st petitioner-School and inaugurated the same on 15.12.2021. According to Writ Petitioners, it is a blatant violation of Order passed by this Court in Writ Petition No.15538 of 2020.
(d) Meanwhile, respondent No.4 issued show-cause notice, dated 12.08.2025 to 1st petitioner-School to show-cause as to why its recognition should not be withdrawn in view of zero enrollment, and though 1st petitioner-School submitted his explanation, dated 18.08.2025, 4th respondent, again issued second show-cause notice on 21.08.2025, as if no explanation SRK, J W.P.No.29370 of 2025 6 was submitted by 1st petitioner-School to the first show-cause notice. Indeed, 1st petitioner-School again submitted its explanation on 03.09.2025, but, 3rd respondent without hearing 1st petitioner-School, issued proceedings that 1st petitioner-School had no recognition and directed respondent Nos.4 to 6 to initiate action and to recover records from 1st petitioner-School vide Proceedings E File No.ESE02-18024/1/2025-A SEC-RJD-GNT, dated 20.09.2025. Though, 1st petitioner-School made a representation, dated 29.09.2025 stating that they applied for renewal of recognition and to consider the same in accordance with law, 6th respondent initiated Proceedings Dis. No.391/DyEO- NRT/2025, dated 23.09.2025 to hand over school records and relevant to the Head Master of ZPHS School, Edlapadu, which is illegal, arbitrary and contrary to provisions of law.
(e) 1st petitioner-School was established in the Academic Year 1951-1952 and the recognition was renewed as per norms and conditions; that the eight (08) years renewal of recognition of 1st petitioner-School, expired in the year 2022-2023 and it was renewed for the Academic Year 2024-2025. Thereafter, 1st petitioner-School applied for renewal of recognition on 03.09.2025 and the same is pending for consideration. The respondents, SRK, J W.P.No.29370 of 2025 7 without issuing appropriate proceedings on the proposal or renewal of recognition, with a malafide intention and with political intervention, initiated impugned proceedings without adhering to the provisions of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Management) Rules 1993 (G.O.Ms.No.1, Education (P.S.2) dated 01.01.1994) (for brevity 'the Rules, 1993'). Except the fall of strength of students, there is no violation of Rules by 1st petitioner-School. Respondent No.3 initiated proceedings to close down 1st petitioner-School in the middle of the Academic Year 2025-2026, which is arbitrary and illegal and against Rule 16 of the Right of Children to Free and Compulsory Education Rules, 2010 (for brevity 'the Education Rules, 2010'). Respondent No.6 had already initiated proceedings of closure orders and in the event of the proceedings being effected, 1st petitioner-School and its students would be put to great hardship and irreparable loss. Hence, the Writ Petition.
3. Heard the learned counsel for the Writ Petitioners and learned Government Pleader for School Education representing respondent Nos.1 to 6. Perused the entire material available on record.
SRK, J W.P.No.29370 of 2025 8
4. Learned counsel for the Writ Petitioners would contend that though the proposal for renewal of recognition is pending before respondents, without passing appropriate orders in respect of the same, issuance of impugned proceedings by 3rd respondent to close down 1st petitioner-School in the midst of the Academic Year 2025-2026, is arbitrary and illegal as it would affect the Academic career of the students.
5. Learned Government Pleader for School Education representing respondents, placing reliance on the written instructions, would contend that there is no enrollment of students in 1st petitioner-School and there is consistent decline in admissions over the past three years and the Management of 1st petitioner-School has been running the school with inadequate infrastructure and teaching staff, without having valid recognition, which is in deviation of rules and against the norms.
6. Rule 11 of the Rules 1993 deals with Withdrawal of Permission and/or Recognition. Under this Rule, the competent authority has got powers to withdraw permission and/or recognition of a school, in case of violation of conditions prescribed under Rule 10 the Rules, 1993. However, it is made clear that an opportunity, to make a representation, shall be SRK, J W.P.No.29370 of 2025 9 provided to the educational agency on such withdrawal of permission and/or recognition by the competent authority.
7. A perusal of the impugned Proceedings, dated 20.09.2025, it was issued by the Regional Director of School Education, Guntur. Rule 3 of the Rules, 1993 contemplates that the competent authority insofar as the Secondary Schools are concerned, is the Government. Undoubtedly, 3rd respondent, being the Regional Joint Director of School Education, Guntur is the competent authority for withdrawal of recognition, while 4th respondent, being the District Educational Officer, is the competent for pre-primary, primary, and upper primary schools.
8. A perusal of entire material available on record goes to show that in the earlier round of litigation between 1st petitioner- School and respondents in Writ Petition No.15538 of 2020, this Court vide Order, dated 05.09.2024 disposed of, the said Writ Petition, directing the District Collector, Guntur to examine the proceedings No.L.Dis.501/88, dated 19.10.1988, forwarded by the Mandal Revenue Officer (Tahsildar), in respect of alienation to an extent of Ac.5.00 cents in Survey No.324/3 of Edlapadu village, belonged to 1st petitioner-School being used as playground, after giving an opportunity of hearing to petitioner therein, who is 1st SRK, J W.P.No.29370 of 2025 10 petitioner-School herein and pass appropriate orders and communicate the decision to 1st petitioner-School within a period of three months from the date of receipt of copy of the said order.
9. A perusal of the material on record further goes to show that pursuant to the Show-Cause Notice, dated 12.08.2025 issued by 4th respondent, 1st petitioner-School submitted its explanation on 18.08.2025 and again, another Show-Cause Notice was issued on 21.08.2025 to 1st petitioner-School on the pretext that there was no explanation on the part of 1st petitioner- School. However, the record discloses that 1st petitioner-School submitted its explanation on 03.09.2025 averring the facts that led to fall in strength of their school. A perusal of the explanation submitted by 1st petitioner-School goes to show that during the pendency of Writ Petition No.15538 of 2020, the Government completed construction of Zilla Parishad High School within the vicinity of 1st petitioner-School and it was inaugurated on 15.12.2021 and strength of the students was affected as the said Zilla Parishad High School was constructed within the vicinity of 1st petitioner-School. The explanation of 1st petitioner-School further discloses that there were problems in respect of In-charge of Management of 2nd respondent-Church many a time and SRK, J W.P.No.29370 of 2025 11 because of the interference of some vested interest elements, which is the subject matter of Writ Appeal No.1033 of 2023 and batch vide Common Order, dated 03.04.2025.
10. The explanation of 1st petitioner-School further discloses that the Deputy Educational Officer, Narasaraopet, Palnadu District had personally visited 1st petitioner-School on 26.08.2025 at about 3.50 p.m. coinciding with the school's closing time and due to inclement weather, students were permitted to leave the school early upon the request made by their respective parents and as such, though 16 students were enrolled, it was recorded that no students physically attended on the said date. The explanation of 1st petitioner-School submitted on 29.09.2025 further goes to show that they had submitted the proposal for renewal of recognition on 03.09.2025 for the Academic Year 2025-2026 through online vide Registration No.283225100047 and it is pending for consideration. Therefore, having regard to the entire gamut of facts and circumstances of the case, 1st petitioner- School, who got stabilized academic administration over a long period of 75 years, suffered decline in the strength of its students enrollment subsequent to inauguration of Zilla Parishad High School within the vicinity of 1st petitioner-School and as such, SRK, J W.P.No.29370 of 2025 12 though only 16 students were enrolled for the present Academic Year, their future cannot be put in dark only on the ground of fall in strength. An opportunity can be given to 1st petitioner-School to take remedial steps for improvement of enrollment and infrastructure facilities.
11. Accordingly, the Writ Petition is allowed, setting-aside the Proceedings E File No.ESE02-18024/1/2025-A SEC-RJD- GNT, dated 20.09.2025 issued by 3rd respondent.
There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.
________________________ JUSTICE K. SREENIVASA REDDY 5th November, 2025.
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