WRIT PETITION 30927 of 2022 on 1 January 1994

1. The State of Andhra Pradesh, rep byits Principal Secretary, SchoolEducation Department Secretariat, Velgapudi, Guntur[District]Education Department Secretariat, Velgapudi, Guntur[District]

2. The Commissioner & Director of School Education, Andhra Pradesh,Ibrahimpatnam, Krishna DistrictIbrahimpatnam, Krishna District

3. The District Educational Officer, Kurnool, Kurnool[District.][ A.P.]

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybepleasedtoissue anappropriatewrit moreinthenatureof WritofMandamus declaring the action of the 2nd Respondent,[Commissioner][ of]School Education, Andhra Pradeshin not communicating thelifting of theBan by the Government vide Memoin No. 18836/SE.PS/A1/2012Dated:04-01-2017andenablingthefillingupofthevacantpostsinAidedinstitutions and on the other hand issuing executive[instructions][ contrary][ to]the Statutory Rules and confining the permission to fill up the posts to theschools that are parties to Writ Petition No. 9503/2005 and batch; as beingarbitrary,illegal,subversiveof Ruleof Law and consequentlydirect the Respondent 3to forthwithprocess the proposals of the Management dated28-08-2017 asper the procedure contemplated in Go Ms. No:1 Dated:. 01.01.1994.

LA. NO: 1 OF 2017(WPMP. NO: 3923fi OF 9ni7|

Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed insupport of the petition, the High Court may bepleased to direct the Respondents 3 to forthwith process the proposals ofthe Petitioner management dated 28-08-2017 for filling up of 9 vacant Aidedposts in Petitioner School and accordpermission in terms of the provisionsunder GO Ms. No. 1, Dated: 01.01.1994,j pending Writ Petition the interestof Justice.

Counsel for the Petitioner: SRI CH SAMSON BABU

Counsel for the Respondents: GP FOR SCHOOLEDUCATION

The Court made the following: ORDER

APHC010019052017

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdictipn)

[3504]

FRIDAY ,THE SECOND DAY OF MAYTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 31510/2017

Between;

Hindu Aided Elementary School

AND

The State Of Andhra Pradesh and Others

...PETITIONER

...RESPONDENT(S)

Counsel for the Petitioner:

1. CH SAMSON BABU

Counsel for the Respondent(S);

1. GP FOR SCHOOL EDUCATION (AP)

The Court made the following ORDER:

The instant writpetitionis beingfiledby the petitioner-EducationInstitution,challenging the action of the respondents in not permitting[them][ to]fill up the vacant posts in its School,

2. Heardlearned counsel representing Sri Ch. Samson Babu, learnedandSri Gurram Rama Chandra Rao, learnedcounselfor thepetitionerGovernmentPleader for School Education, appearing for the respondents State.

3. When the matter is taken up for hearing,it is brought[to][ the][ notice][ of]learned counsels that similar issue had come up beforethis Court by both the this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of thesaid writ petitions vide common order on 05.01.2023 with certain directions tothe respondents and hence, they prayed for a similar order in this writ petitionaswell.However,learnedGovernmentPleaderforSchoolEducationrequested to grant reasonable time for compliance of the directionsto beissued by this Court in view of the ongoing summer holidays for Schools.

4. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022& Batch. Relevant portion of the said order is reproduced[as][ under:]& Batch. Relevant portion of the said order is reproduced[as][ under:]

“9- In view of the above stand taken by the Government,all the WritPetitions are disposed of with the following directions:Petitions are disposed of with the following directions:

i)The respondent-authorities are hereby directed to permit[the]petitioners-institutions to fill up all the Aided vacancies in termsof G.O.Ms.No.1, Education, dated 01.01.1994 and also as perthe Schedule prescribed under Sections 19 & 25 of the Act,2009;petitioners-institutions to fill up all the Aided vacancies in termsof G.O.Ms.No.1, Education, dated 01.01.1994 and also as perthe Schedule prescribed under Sections 19 & 25 of the Act,2009;

ii)In future also, whenever vacancies arise, the institutions haveto make applications to the Competent authorities for filling upthe vacancies;to make applications to the Competent authorities for filling upthe vacancies;

iii)On such applications, the Competent authorities shall informthe institution about the availability of qualified surplusstaff,within a period of four (04) weeks from the date of applicationand allot said surplus staff on permanent basis;the institution about the availability of qualified surplusstaff,within a period of four (04) weeks from the date of applicationand allot said surplus staff on permanent basis;

iv)If surplus staff are not available, the Competent authority[shall]inform the same and permit the petitioners- institutions to fillupthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of two (02) months;inform the same and permit the petitioners- institutions to fillupthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of two (02) months;

V)Sofarasminorityinstitutionsareconcerned,theaboveprocedure is not applicable insofar as allotment of[surplus][ staff]are concerned, in view of the Judgments of Division[Bench][ of]this Court rendered in Modern High School, Zamisthanpur[V.]Government of Andhra Pradesh and Others^ and EsterAxene Res. High School and Others.V State of AndhraPradesh and Others^.procedure is not applicable insofar as allotment of[surplus][ staff]are concerned, in view of the Judgments of Division[Bench][ of]this Court rendered in Modern High School, Zamisthanpur[V.]Government of Andhra Pradesh and Others^ and EsterAxene Res. High School and Others.V State of AndhraPradesh and Others^.

vi)The entire exercise shall be completed by the respondent-authorities within a period of three (03) months from[the][ date][ of]receipt of a copy of this order”authorities within a period of three (03) months from[the][ date][ of]receipt of a copy of this order”

5. Further, both the learned counsels have brought to[the][ notice][ of][ this]Court that, as of now, no appeal has been filed challenging[the aforesaid]common order dated 05.01.2023 in W.P.No.30927 of 2022[and][ batch.]Whenidentical matter fell for considerationin W.P.No.4999of 2024,this Courtdisposed of the said writ petition on 27.02.2024 by[following][ the][ aforesaid]common order. In view of the series of orders on the[same][ subject][ matter,][ this]Court is of the considered opinion that the facts of[the][ present][ case][ are][ also]squarely covered by the common order dated 05.01.2023of this Court.Court that, as of now, no appeal has been filed challenging[the aforesaid]common order dated 05.01.2023 in W.P.No.30927 of 2022[and][ batch.]Whenidentical matter fell for considerationin W.P.No.4999of 2024,this Courtdisposed of the said writ petition on 27.02.2024 by[following][ the][ aforesaid]common order. In view of the series of orders on the[same][ subject][ matter,][ this]Court is of the considered opinion that the facts of[the][ present][ case][ are][ also]squarely covered by the common order dated 05.01.2023of this Court.

6. Accordingly, this Writ Petition is disposed of in[terms]of the abovecommon orderdated 05.01.2023 passed by this Court in W.P.No.30927ofalike, however, by extending the time for2022 & Batch, for the reasonscompliance, in view of the difficulty expressed by[the][ learned][ Government]Pleader, with the following directions:- The respondent-authorities are hereby directed to permitthe petitioner-institution to fill up all the Aided vacanciesin terms of G.O.Ms.No.1, Education, dated 01.01.1994and also as per the Schedule prescribed under Sections19 & 25 of the Act, 2009;

II.In future also, whenever vacancies arise, the institutionhas to make application to the Competent authorities forfilling up the vacancies;has to make application to the Competent authorities forfilling up the vacancies; On such application, the Competent authorities shall inform theinstitution about the availability of qualified surplus staff, withina period of four (04) weeks from the date of application andallot said surplus staff on permanent basis;institution about the availability of qualified surplus staff, withina period of four (04) weeks from the date of application andallot said surplus staff on permanent basis;

IV.If surplus staff are not available, the Competent authority[shall]inform the same and permit the petitioner-institution tofillupthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of three (03) months;inform the same and permit the petitioner-institution tofillupthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of three (03) months;

V.Sofarasminorityinstitutionsareconcerned,theaboveprocedure is not applicable insofar as allotment of surplus staffare concerned, in view of the Judgments of Division Bench ofthis Court rendered in Modern High School, Zamisthanpur[.V]Government of Andhra Pradesh and Others^ andEsterAxene Res. High School and Others .V State of AndhraPradesh and Others'^.procedure is not applicable insofar as allotment of surplus staffare concerned, in view of the Judgments of Division Bench ofthis Court rendered in Modern High School, Zamisthanpur[.V]Government of Andhra Pradesh and Others^ andEsterAxene Res. High School and Others .V State of AndhraPradesh and Others'^.

vi.The entire exercise shall be completed by the respondent-authorities within a period of four (04) months from the date ofreceipt of a copy of this order”authorities within a period of four (04) months from the date ofreceipt of a copy of this order”

No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

Sd/-SHAIK MOHD RAF!//TRUE COPY//ASSISTANT REGISTRAR

To,

SECTION OFFICER

TF

1. ThePrincipalSecretary,SchoolEducationDepartmentSecretariat,Velgapudi, Guntur DistrictVelgapudi, Guntur District

2. The Commissioner & Director of School Education, Andhra Pradesh,Ibrahimpatnam, Krishna DistrictIbrahimpatnam, Krishna District

3. The District Educational Officer, Kurnool, Kurnool[District.][ A.P.]

4. One CC to Sri Ch Samson Babu Advocate [OPUC]

5. Two CCs to GP for School Education, High Court of[Andhra][ Pradesh.][OUT][OUT]

6. Three CD Copies

HIGH COURT

DATED:02/05/2025

ORDER

WP.No.31510 of 2017

DISPOSING OF THE W.P., WITHOUT COSTS

.^-y