IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE EIGHTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE ~~ : PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI~ WRIT PETITION NO: 9826 OF 2020 __ Between: 1. K.S.N.E.M.School, D. No. 54-2-12, Yesuvari Street Jaganniakpur, East Godavari District, A.P, Rep. by its Correspondent Kunapuli Venkata Subba Rao 2. Apex EM Upper Primary School, Churcha Square, Jaganniakpur, East Godavari District, Andhra Pradesh, Rep. by its Correspondent Mahammad Abdullah 3. Akruthi School (EM), Churcha Square, Jaganniakpur, East Godavari District, Andhra Pradesh, Rep. by its Correspondent P Narayanarao 4, Viadhin EM Primary School, Mummidivaram, East Godavari District, AP, Rep. by its Correspondent P V Sreerama Babu _ . Petitioners AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, School Education Department Secretariat, Tullur, Velagapudi, Guntur District 2. The Commissioner of School Education, Government of Andhra Pradesh B- Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, Ibrahimpatnam, Vijayawada-521456 , 3. Andhra Pradesh School Education Regulatory and Monitoring Commission, Rep by its Secretary Anjaneya Towers, B' Block, 1st Floor, Near lbrahimpatnam Police Station VIPS Raod, Ibrahimpatnam - 521456 Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the 3rd Respondent through the impugned notification Dt.26-05-2020 during Lockdown period, seeking information in regard to Employee details (PAN, Bank Account Number and Aadhar), school recognition, sections sanctioned, building details, last year Fee Structure, kitchen Hostel Details, Fee Collected and expenditure details before 09-06-2020 in order to review and determine the Fee Structure for the Private Unaided Schools and Junior Colleges in the State of Andhra Pradesh for the academic year 2020-21, knowing fully that the Schools are not functioning because of the Lockdown and subsequent Summer Vacations as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and contrary to GO Ms No. 1, Dated 01- 01-1994 and the judgment of Honourable Supreme Court in P.A. Inamdar and Ors vs State of Maharashtra; _- 1A NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in the writ petition, the High Court may be pleased to suspend the notification Dt. 26-05-2020 issued by the 3% Respondent and consequential proceedings, pending disposal of WP No.9826 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 11.06.2020, 21-07-2020, 04-08-2020, 16-09-2020 & 16-09-2020 made herein and upon the arguments of Sri Vijay Mathukumilli Advocate for the Petitioner, and GP for School Education for Respondent Nos.1 & 2, the Court made the following -- ORDER:
The learned Government Pleader of counter affidavit and the learned physical copy of reply affidavit, if any. for School Education undertakes to file physical copy counsel for the petitioners also undertakes to file List the matter on 11-02-2021.-- The interim suspension granted earlier, is extended for a further period of two weeks.
f) Sd/-M.RameshBabu _~ a d ITRUE COPY// ASSISTANT REGIST RAR For SECTION OFFICER To
1. One CC to Sri Vijay Mathukumilli, Advocate [OPUC] ---~
2. Two CCs to GP for School Education, High Court of A.P., at Amaravati (OUT)
3. Two CCs to Additional Advocate General ,High Court of Andhra Pradesh. [OUT]
4. One spare copy skm * HIGH COURT KVL.,J DATED: 08-02-2021 NOTE: LIST THE MATTER ON 11-02-2021 ORDER WP.No.9826 of 2020 EXTENSION OF INTERIM ORDER as wey FOS gh ID FEB QO