WP/38766/2013 of London Mission Clapton Girls High School, Vs The Government of Andhra Pradesh rep. by the Principal on 31 December 2013

ORDER:

Heard Sri Gangisetty Rajeswara Rao, learned counselappearing for the petitioner and the learned Government Pleader forSchool Education appearing for the respondents.

2. The petitioner-school is said to be recognized institution andadmitted to grant-in-aid. It is stated that several posts, which areadmitted to grant-in-aid, have fallen vacant due to different reasons, asa result of which, the petitioner-institution is deprived of the benefits ofgrant-in-aid. The request made by it for permission to fill up the postshas not been taken up for consideration for no valid reason. Thepetitioner is, therefore, aggrieved by the action of the State in notconsidering its request in this regard.

3. The State is resisting the request of the petitioner for accordingpermission on the ground that there is a ban through GovernmentMemo No.12080/COSE/A2/2004-4, dated 20.10.2004. The objectionof the State no longer survives, since the said Memo has beenquashed by order of this Court dated 30.07.2013 in W.P.No.9503 of2005 and batch. Therefore, there is no prohibition on the State toconsider the case of the petitioner-institution for according permissionsought for by it.

4. Hence, the writ petition is disposed of with a direction to therespondents to consider the case of the petitioner – institution foraccording permission to fill up the aided vacancies, subject to fulfillment of all other conditions governing the subject, disregardingthe Government Memo dated 20.10.2004, within three months from thedate of receipt of a copy of this order. There shall be no order as tocosts.

5. In view of disposal of the writ petition, W.P.M.P.No.48187 of2013 shall stand closed as unnecessary.

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JUSTICE NOUSHAD ALI

Date: 31.12.2013.TJMR

TJMR

WRIT PETITION No.38766 of 2013

Date: 31.12.2013