WP/27909/2005 of Smt. D. Vijayamma, Vs The Govt. of Andhra Pradesh, on 29 December 2005

ORDER:

The petitioner was appointed as a secondary grade teacher in the fourthrespondent-school against an unaided vacancy in 1994. She states that an aidedpost in the school became vacant on 28.02.1005 on account of the retirement ofSmt.Sk.Asmath Begum. The management of the fourth respondent-school submittedproposals on 01.03.2005 to the third respondent for absorption of the petitioneragainst the existing vacancy. No action has been taken thereon. The petitionerseeks appropriate directions in this regard.

Heard the learned counsel for the petitioner and the learned Government Pleader forSchool Education.

The very purpose of requiring the approval of appointment of teachers even againstunaided vacancies is to ensure that as and when the aided posts become vacant,the candidates so appointed be absorbed against them, without undertaking anyfurther process of selection and appointment. The ban imposed by the Governmenton appointment operates against induction of new candidates. Once theappointment of the petitioner has been approved against an unaided vacancy andan aided post has become vacant, there does not exist any justification for the thirdrespondent in delaying the matter. On account of such inaction or delay, theeducational institutions are suffering and to that extent, it would be a sad reflection on the functioning of the department itself.

In the recent past, the Government had already undertaken the process ofrationalization, with a view to ascertain the necessity to continue the various aidedposts in the institutions. There does not exist any justification to remain silent, evenafter such exercise was undertaken. Further, if there are any indiscernibledifficulties, the third respondent is under obligation to pass appropriate orders on theproposals submitted by the fourth respondent.

For the foregoing reasons, the writ petition is disposed of, directing the thirdrespondent to consider the proposals submitted by the fourth respondent on01.03.2005 for absorption of the petitioner against an aided vacancy and passappropriate orders within a period of four weeks from the date of receipt of a copy ofthis order. No costs.

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29.12.2005

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