M/S Andhra Pradesh Private ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 2428 AP

                                       1

                        HIGH COURT OF ANDHRA PRADESH

MAIN CASE No.: W.P.No. 13720 of 2022

                                 PROCEEDING SHEET

Sl.
                                             ORDER

No      DATE
                   DEV,J
      06 .05. 22                    W.P.NO.13720 OF 2022
                         Notice before admission.

Learned Government Pleader for Education takes

notices for the Respondents.

Post on 22.06.2022 for filing Counter Affidavits by the Respondents.

_ ____ DEV,J I.A.NO.1 OF 2022

Heard learned counsel for the petitioners and the

learned Government Pleader for Education and perused

the record.

Learned counsel for the petitioners submits that

Respondent No.2 has issued the impugned proceedings

in R.C.No.ESE02-28023/23/2021-PLG-CSE, dated

24.11.2021, directing all the Regional Joint Directors and

District Educational Officers in the State to issue Show

Cause Notices to all the schools as to why the recognition

should not be withdrawn wherever the enrolment is less

than 20 from Classes I to V or Zero enrolment and

finalize the action as prescribed under Rule 16 of the

Andhra Pradesh Right of Children to Free and Compulsory

Education Rules, 2010( for short 'Rules, 2010').

Learned counsel for the petitioners further submits

that the Rules, 2010, were issued by the State

Government under the provisions of the Right of Children

to Free and Compulsory Education Act, 2009. These

rules are not applicable to the members of the

petitioner's association as the members of the petitioners'

association are private unaided institutions and they are

not receiving any aid from the Government.

To support his contention, the learned counsel for

the petitioners placed reliance of the Judgment of Hon'ble

Apex Court in the case of Society for Un-aided Private

Schools of Rajasthan V U.O.I and another (Writ

Petition (Civil) No.98 of 2010, dated 12.04.2012),

wherein it is held that the rights of children to free and

compulsory education guaranteed under the Article 21-A

and RTE can be enforced against the schools defined

under Section 2 (n) of the Act, except unaided minority

and non minority schools not receiving any kind of aid or

grants to meet their expenses from the appropriate

governments or local authorities.

On perusal of the Rules, 2010 also, except Rule

14, which provides for recognition of the School, and Sub

Rule 4 (h) (i) of Rule 14, wherein it is stated that the

school has to give reservation of minimum 25% to the

students of its enrolment, in all other aspects,

Government has no role against the Petitioners'

Institutions.

For the above said reasons, in the prima facie

opinion of this Court, the impugned Proceedings issued

by the Respondent No.2, dated 24.11.2021, is contrary to

the Andhra Pradesh Right of Children to Free and

Compulsory Education Rules, 2010 and the Judgment of

the Apex Court in Society for Un-aided Private

Schools of Rajasthan V U.O.I and another.

Accordingly, there shall be interim suspension of the

impugned Proceedings issued by the Respondent No.2

vide R.C.No.ESE02-28023/23/2021-PLG-CSE, dated

24.11.2021.

_ ____ DEV,J Note: Issue CC today.

B/o eha