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Judgment
LISA GILL, CJ:
Prayer in this writ petition filed by way of public interest is as under:
“pleased to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in ignoring the implementation of the Section 12(1)c of the Right of Children to Free and Compulsory Education Act, 2009, at the entry level of preprimary school education in the schools/playschools/ kindergarten established in the state of Andhra Pradesh and issuance of G.O.Ms.No.9, School Education PROG II Department, dated 09.04.2025, by omitting the pre-primary education as illegal, irregular, arbitrary and violation of the provisions of the Right of Children to Free and Compulsory Education Act 2009 and Rules framed thereunder and also offends Articles 14, 21A of Constitution of India and consequently direct the respondents to issue a supplementary G.O. including the preprimary education i.e., Nursery, LKG, UKG or any equivalent in the schools/play schools established in the State of Andhra Pradesh by implementing the 25percent of the reservation of the children belonging to weaker section and disadvantaged group in the neighbourhood and pass..”
Learned counsel for respondents refers to counter-affidavit, dated 18.08.2026, filed by respondent No.3 to submit that necessary steps shall be taken for proper implementation of Section 12(1)(c) of Right of Children to Free and Compulsory Education Act, 2009.
Para Nos.10 to 12 of affidavit reads as under:
“10.I humbly submit that, as per the orders of the Hon'ble Supreme Court in its judgment in Special Leave Petition (Civil) No. 10105 of 2017 arising out of Diary No. 60687 of 2024, directions have been issued to revise the guidelines framed by the NCPCR and to make necessary amendments to the provisions of the RTE Act. In this regard, it is informed that the Department is taking necessary steps, in compliance with the directions of the Hon'ble Supreme Court, while amending the rules to implement the same on sooth lines. Accordingly a file has been circulated bearing file No.SS-18021/26/2026-RTE-SSA with a request to constitute a committee for amendment of the Rules and Guidelines. Therefore, after comprehensive school mapping is undertaken with authenticated data collected from all districts regarding schools imparting LKG and UKG classes, this office will take necessary steps to proceed further, at the earliest.
11.In addition to the above, there are no separate Rules framed or notified by the State Government governing registration or recognition of private unaided managements or individuals for running standalone pre-primary educational institutions in consonance with the guidelines contemplated under the National Education Policy, 2020. The process of collection and verification of data relating to schools running LKG and UKG classes is presently under progress. The same is required to be verified with reference to the permission orders issued by the concerned District Educational Officers, who are the competent authorities for grant of permissions and recognition.
12.Further I humbly submit that, a letter has been addressed to the Director of the School Education, with a request to furnish the updated district-wise list of Private Unaided Schools having permission/recognition to run classes from LKG/UKG to Class V/VII/X, along with the relevant particulars, in order to facilitate implementation of the provisions of Section 12(1)(c) of the RTE Act, 2009 and compliance with the directions of the Hon'ble High Court of Andhra Pradesh in W.P.(PIL) No.92 of 2025.”
Learned counsel, on instructions from Mr. Gummadi Ravinder, Section Officer, Education Department, submits that process of mapping shall be completed and steps taken for proper implementation from next academic year. It is further pointed that proceedings before Hon’ble the Supreme Court in Special Leave Petition (Civil) No. 10105 of 2017 are still pending adjudication. Steps being taken by State in terms of directions issued therein are being regularly placed before Hon’ble the Supreme Court, therefore, proceedings be closed.
Learned counsel for petitioner fairly states that present proceedings may thus be closed in view of statement made by learned counsel for respondents.
In view of submissions made by learned counsel for parties, this Writ Petition is closed accordingly. No costs.
Pending miscellaneous applications, if any, shall stand closed.
