WRIT PETITION 26220 of2013 on 16 December 2013

1. Aided High School, Railway Colony, Giddalur,Prakasam District.

2. Aided High School, Railway Colony, Oddulavagulapaly, Prakasam District.

3. St.Paul's Aided High School, Society Colony, Giddalur,Prakasam District.

4. Aided Primary School, Oddulavagulapaly, Prakasam District.

5. Aided Elementary School, Society Colony, Giddalur, Prakasam District.

6. Aided Elementary School, Nallabanda Bazar, Giddalur, Prakasam District.

7. St.Paul's Aided Primary SchoolRailway Colony,Giddalur, PrakasamRailway Colony,Giddalur, PrakasamDistrict.

8. St.Paul's Aided Primary School,Railway Colony,Giddalur,PrakasamRailway Colony,Giddalur,PrakasamDistrict.

(All the above institutions are Rep. by the Secretary & CorrespondentSt.Paul's Educational Society, G.Aseervadam, S/o.Mojes, Aged about 65years, Giddalur, Prakasam District.)

AND

...Petitioners/ Petitioners

1. SriAdarSinha,I.A.S.,PrincipalSecretarytoGovernmentSchoolI.A.S.,PrincipalSecretarytoGovernmentSchoolEducationGovernmentofAndhraPradesh,SecretariatBuildings,ofAndhraPradesh,SecretariatBuildings,Hyderabad.

2. Smt.UshaRani,Commissioner&DirectorofSchoolEducationCommissioner&DirectorofSchoolEducationGovernment of A.P., Saifabad, Hyderabad. (Discharged)

[R2is discharged from this Contempt case as per court order dated11.03.2025 vide I.A No. 4 of 2022 in CC No.1428 of 2014]

3. Smt.P.Parvathi,RegionalJointDirectorof SchoolEducation, GunturDirectorof SchoolEducation, GunturRegion, Guntur.

4. Sri B.Vijaya Bhaskar, S/o.BhaskaraRao,District EducationalOfficer,Rao,District EducationalOfficer,Guntur, Guntur District.

...Respondents/ Respondents 1,3,4,5 in WP

5. Sri P.Sudhakar, Special Chief Secretary,School Education Department,School Education Department,Secretariat Buildings, Velagapudi, Amaravathi, A.P.

6. Sri B.Rajasekher, Principal Secretaryto Government, School Educationto Government, School EducationDepartment, Secretariat Buildings, Velagapudi, Amaravathi, A.P.

7. Sri K.Suresh Kumar, Commissioner&Directorof SchoolEducation&Directorof SchoolEducationGovernment of A.P.

8. Sri V.S.Subba Rao, The RegionalJoint Director of School EducationJoint Director of School EducationGuntur Region, Guntur.

APHC010557352014

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

[3331]

TUESDAY ,THE ELEVENTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE NO: 1428/2014

Between:

Aided High School, and Others

Sri Adar Sinha IA S and Others

Counsel for the Petitioner(S):

•1.G ELISHA

AND

...PETITIONER(S)

...CONTEMNOR(S)

Counsel for the Contemnor(S):

1. KVRAGHU VEER

2. LVS NAGARAJU

The Court made the following order:

The above contempt case is filed complaining non-implementation[of]the order dated 16.12.2013 in W.P.No.26220 of 2013.

2. Theabovewritpetitionisfiledbythepetitioners’institutions,represented by the Secretaries and Correspondents,[to][ declare][ the][ action][ of]the respondents in not allowing the petitioner schools for filling up clear aidedvacagcies, which fell vacant due to retirement / death, on the ground of ban onrecruitmentinprivateaidedmanagementschoolsimposedvideG.O.NO.12080/COSE/A4/2004 dated 29.10.2004, as illegal and arbitrary./represented by the Secretaries and Correspondents,[to][ declare][ the][ action][ of]the respondents in not allowing the petitioner schools for filling up clear aidedvacagcies, which fell vacant due to retirement / death, on the ground of ban onrecruitmentinprivateaidedmanagementschoolsimposedvideG.O.NO.12080/COSE/A4/2004 dated 29.10.2004, as illegal and arbitrary./

3. The said writ petition was disposed of on 16.12.2013. The operativeportion of the order reads as under:portion of the order reads as under:

“Hence,the writ petitionis disposedof witha directiontotherespondentstoconsiderthecaseof thepetitioner-institutionsforaccording permission to fill up the aided vacancies, subject to fulfillment ofall other conditions governing the subject, disregarding[the][ Government]Memo dated 20.10.2004 within three months from the date of receipt of acopy of this order.”

4. In the affidavit filed in support of the contempt case, it was pleaded thatin pursuance of the order dated 16.12.2013, legal notice[dated]17.04.2014was issued. However, there was no response from the respondents.in pursuance of the order dated 16.12.2013, legal notice[dated]17.04.2014was issued. However, there was no response from the respondents.

5. When the matter was listed on 04.03.2025, Sri K.V. Raghuveer, learnedcounselfor respondent No.1produceda copyof Lr.Rc.No.6467/B1/[2014]dated 04.03.2025 addressed by the District Educational Officer, PrakasamDistrict, Ongole. A perusal of the same would discern that the Regional JointDirector of SchoolEducation,Guntur and theDistrict Educational Officer,Ongole,videproceedingsRc.No.3449/B1/2023-1dated13.10.2023andRc.No.4192/C2/2023 dated 12.10.2023 respectively, accorded permission tofill up the posts as mentioned therein. A copy of the[letter][ is] handed[ over][ to]the learned for the petitioners, across the bar.counselfor respondent No.1produceda copyof Lr.Rc.No.6467/B1/[2014]dated 04.03.2025 addressed by the District Educational Officer, PrakasamDistrict, Ongole. A perusal of the same would discern that the Regional JointDirector of SchoolEducation,Guntur and theDistrict Educational Officer,Ongole,videproceedingsRc.No.3449/B1/2023-1dated13.10.2023andRc.No.4192/C2/2023 dated 12.10.2023 respectively, accorded permission tofill up the posts as mentioned therein. A copy of the[letter][ is] handed[ over][ to]the learned for the petitioners, across the bar.

6. Given the above proceedings, the order dated 16.12.2013 has beencomplied with, however with some delay.Therefore, in the considered opinionofthiscourt,therespondentsdidnot commitanycontemptbynotimplementing the order dated 16.12.2013 in W.P.No.26220 of 2013.complied with, however with some delay.Therefore, in the considered opinionofthiscourt,therespondentsdidnot commitanycontemptbynotimplementing the order dated 16.12.2013 in W.P.No.26220 of 2013.

7. Hence, this contempt case is closed. No costs.

As a sequel, pending miscellaneous petitions, if any,[shall][ stand][ closed.]

//TRUE COPY//

Sd/- K TATA RAODEPUTY REGISTRAR

SECTION OFFICER

To,1.SriAdarSinha,I.A.S.PrincipalSecretarytoGovernmentSchoolEducation,GovernmentofAndhraPradeshSecretariatBuildings,Velagapudi, Amaravathi, Guntur District.

2. Smt.UshaRani,Commissioner&DirectorofSchoolEducation,&DirectorofSchoolEducation,Government of A.P., Saifabad, Velagapudi, AmaravathiGuntur District,3. Smt.P.Parvathi, Regional Joint Directorof SchoolEducation, Gunturof SchoolEducation, GunturRegion, Guntur.

4. SriB.VijayaBhaskar,S/o.BhaskaraRao,DistrictEducationalOfficerRao,DistrictEducationalOfficerGuntur, Guntur District.

5. Sri P.Sudhakar, Special Chief Secretary, School EducationDepartmentSecretariat Buildings, Velagapudi, Amaravathi, A.P.Secretariat Buildings, Velagapudi, Amaravathi, A.P.

6. Sri B.Rajasekher, Principal Secretary to GovernmentSchool EducationDepartment, Secretariat Buildings, Velagapudi, AmaravathiA.P.Department, Secretariat Buildings, Velagapudi, AmaravathiA.P.7. SriK.SureshKumar, Commissioner&Director of SchoolEducation,&Director of SchoolEducation,Government of A.P.

8. Sri V.S.Subba Rao, The Regional Joint Directorof SchoolEducationof SchoolEducationGuntur Region, Guntur.

9. One CC to Sri G. Elisha, Advocate [OPUC]

10. One CC to Sri K.V.Raghu Veer, Advocate [OPUC]

11. One CC to Sri L.V.S.Naga Raju, Advocate [OPUC]

12. Three CD Copies

MV

sree

HIGH COURT

DATED: 11/03/2025

ORDER

CC.No.1428 of 2014

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CLOSING THE CONTEMPT CASEWITHOUT COSTS