GNANANANDA GURUKULAM Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner claims to be the tutorial institution functioning in Mangalapalem, Duwada, Visakhapatnam District. It is stated that it imparts only informal tutorial education and not regular course of study. The State of Andhra Pradesh framed A.P. Tutorial Institutions (Regulation and Regulation) Rules, 1997 in exercise of powers under Section 32 read with Section 99 of the A.P. Education Act, 1982, providing rules for registration and regulation of tutorial institutions. The petitioner contends that though the rules were framed, the activity of registration is not being undertaken by the Government and that it is prepared to obtain registration as and when the respondents take steps in this regard. Its grievance is that the respondents are preventing it from functioning on the strength of the order passed by this Court in WP No. 11007 of 2009 and batch dated 7.9.2009. Heard learned Counsel for the petitioner and the learned Government Pleader for School Education.

(2.) The establishment of tutorial institutions is not prohibited under law. On the other hand, the Government framed rules for registration and regulation of such institutions. The order passed by this Court in WP No. 11007 of 2009 and batch is in respect of unrecognized schools. Firstly, the petitioner does not answer the description of schools. Secondly, even assuming that the petitioner is indulging in any activity contrary to law, they can be proceeded against, only after issuance of show-cause notice. No such steps were taken. Hence, the writ petition is allowed and the respondents are directed not to interfere with the activity of imparting informal tutorial education by the petitioner. It shall, however, be open to them to issue notice and take further action in accordance with law. There shall be no order as to costs.