WRIT PETITION 34824 of 2017 on 1 January 1994

1. The State of Andhra Pradesh rep by its Principal Secretary,, SchoolEducation Department Secretariat, Velgapudi, Guntur DistrictEducation Department Secretariat, Velgapudi, Guntur District

2. The Commissioner & Director of School Education, Andhra PradeshIbrahimpatnarn, Krishna DistrictIbrahimpatnarn, 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 Courtmaybe pleasedto issuean appropriate writ morein the nature of Writ ofMandamus declaring the action of the 2nd RespondentCommissioner ofSchool Education, Andhra Pradesh in not communicating the lifting of theBan by the Government vide Memo in No. 18836/SE.PS/A1/2012 Dated;04-01-2017 and enabling thefilling up of the vacantpostsinAidedinstitutions and on the other hand issuing executive instructions contrary tothe Statutory Rules and confining the permission tofill up the posts to theSchools that are parties to Writ Petition No. 9503/2005 andbatch; as being arbitrary, illegal, subversive of Rule of Law and consequently[direct][ the 3rd]Respondent to forthwith process the proposals or the Management dated28-08-2017 as per the procedure contemplatedin GoMs.No:1Dated:01.01.1994.

LA. NO: 1 OF 2017(WPMP. NO: 43285 OF 2017)

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 3rd Respondent to forthwith process the proposals ofthe Petitioner management dated 28-08-2017 for filling up of 3 vacant AidedSGT postsinPetitioner School and accord permissionintermsof theprovisions under GOMs.No.1 dated 01.01.1994, pending[Writ][ Petition][ the.]interest of Justice.

lA NO: 1 OF 2021

Between:

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.

...PETITIONERS/RESPONDENTS

AND

Vijay Memorial Aided Elementary School, Sanjeev Gandhi Nagar KurnoolMandalKurnoolDistrict AndhraPradesh,RepbyitsCorrespondentKJayamma

...RESPONDENT/PETITIONER

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition,[the][ High][ Court][ may][ be]ordersdated23-10-2017madeinpleasedtovacatetheinterimWP.MP.No.43285 of 2017 in WP.No.34824 of 2017 by dismissingthe writpetition in the interest of the Justice.

Counsel for the Petitioner; SRI CH SAMSON BABU

Counsel for the Respondents; GP FOR SCHOOL EDUCATIONThe Court made the following; ORDER

APHC010835572017

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI

(Special Original Jurisdiction)

[3504]

FRIDAY ,THE SECOND DAY OF MAYTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 34824/2017

Between:

Vijay Memorial Aided Elementary School

AND

...PETITIONER

The State Of Andhra Pradesh Rep By Its PrincipalSecretary and Others Counsel for the Petitioner:

...RESPONDENT(S)

1. CH SAMSON BABU

Counsel for the Respondent(S):

1 .GP FOR SCHOOL EDUCATION (AP)

The Court made the following ORDER:

Theinstantwritpetitionisbeingfiledbythepetitioner-Educa[tion]Institution, challenging the action of the respondents in not permitting them tofill up the vacant posts in its School.

2. Heard learned counsel representingSri Ch. Samson Babu,learnedcounselfor thepetitioner andSri Gurram RamaChandraRao,learnedGovernment Pleader for School Education, appearingfor the respondentsState.counselfor thepetitioner andSri Gurram RamaChandraRao,learnedGovernment Pleader for School Education, appearingfor the respondentsState.

3. When the matter is taken up for hearing,it is brought to the notice ofthis Court by both the learned counsels that similar issue had come up beforethis Court in W.RNo.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.this Court by both the learned counsels that similar issue had come up beforethis Court in W.RNo.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 2022and Batch. Relevant portion of the said order is reproduced as under:and 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 alsoas perthe Schedule prescribed under Sections 19 & 25 of the Act2009;petitioners-institutions to fill up all the Aided vacancies in termsof G.O.Ms.No.1, Education, dated 01.01.1994 and alsoas perthe Schedule prescribed under Sections 19 & 25 of the Act2009;

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 fill upinform the same and permit the petitioners- institutions to fill up

thevacanciesinaccordancewiththeabovesaidRule,preferably within a period of two (02) months;

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

Vi)Theentire exerciseshallbe completedby 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.Whenidenticalmatterfellforconsiderationin W.P.No.4999of 2024,this Courtdisposed of the said writ petition on 27.02.2024 by following the aforesaidcommon order. In view of the series of orders on the same subject matter, thisCourt is of the considered opinion that the facts of the present case are alsosquarely covered by the common order dated 05.01.2023 of 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.Whenidenticalmatterfellforconsiderationin W.P.No.4999of 2024,this Courtdisposed of the said writ petition on 27.02.2024 by following the aforesaidcommon order. In view of the series of orders on the same subject matter, thisCourt is of the considered opinion that the facts of the present case are alsosquarely covered by the common order dated 05.01.2023 of this Court.

6. Accordingly, this Writ Petitionis disposed ofin termsof the abovecommon order dated 05.01.2023 passed by this Courtin W.P.No.30927 of2022 & Batch, for the reasons alike, however, by extendingthetimefor '202(1)ALD 96

2 MANU/AP/0045/2019

compliance, in view of the difficulty expressed by the learnedPleader, withthe following directions:- Government

I.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;the 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; 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 Modem 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 staffare concerned,in view of the Judgments of Division Bench ofthis Court rendered in Modem 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 four (04) months from[the][ date][ of]receipt of a copy of this order”authorities within a period of four (04) months from[the][ date][ of]receipt of a copy of this order”

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

Sd/- G. HELA NAIDU//TRUE COPY//ASSISTANT REGISTRAR

To,

SECTION OFFICER

TF

1. The Princi^l Secretary,, School Education DepartmentSecretariatVelgapudi, Guntur DistrictVelgapudi, Guntur District f^o^^issioner & Director of School Education, Andhra PradeshIbrahimpatnarn, Krishna District

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

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

^ [OUT?Education, High Court of Andhra Pradesh.

6. Three CD Copies

HIGH COURT

DATED:02/05/2025

ORDERWP.No.34824 of 2017

DISPOSING OF THE W.P., WITHOUT COSTS

(