K S N E M School vs The State Of Andhra Pradesh
2021 Latest Caselaw 681 AP

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

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* 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

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