WRIT PETITION 30927 of 2022 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, Pradesh, Andhra, Pradesh,Ibrahimpatnam, Krishna District

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

...RespondentsPetition under Article 226 of theConstitution of India praying that inthe circumstances statediin the affidavit filed therewith, the High Courtmaybe pleased to issue an appropriate writmorein the nature of Writ ofMandamus declaring the actionof the 2"^ Respondent, Commissioner ofSchool Education, Andhra Pradeshini not communicating the lifting of theBan by the Government vivide Memo in No. 18836/SE.PS/A1/2017Dated;04-01-2017 andenabling the filling up of the vacant postsinAidedinstitutions and on the other hand issuing executive instructions contrary tothe Statutory Rules andconfining the permission to fillup the posts to theSchools that are parties to Writ Petition No. 9503/2005and batch; as beingarbitrary, illegal, subversive of Rule of Law andconsequently direct the 3rdRespondent to forthwithprocess the proposals of the Managementdated 28-08-2017 as per the procedure contemplatedin Go[Ms.]No:1Dated:01.01.1994;

I.A. NO: 1 OF 2017(WPMP. NO: 43310 OF 2017)

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 3'''^ Respondent to forthwith process the proposals ofthe Petitioner management dated 28-08-2017 for filling up of 4 vacantAided SGT posts in Petitioner School and accord permissionin terms ofthe provisions under GO Ms. No. 1, Dated: 1.1.1994, pending Writ Petitionthe interest of Justice.

Counsel for the PetItionenSRI. SRI VIJAY MATHUKUMILLI

Counsel for the Respondents: GP FOR SCHOOL EDUCATION

The Court made the following:

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: 34839/2017

Between;

St Marry Fathima Aided Elementary. School Nandyal Kurnool...PETITIONER

AND

The State Of Andhra Pradesh Rep By Its Principal...RESPONDENT(S)Secretary and Others Counsel for the Petitioner:

1 .SRI VIJAY MATHUKUMILLI

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 for the petitioner and Sri Gurram Rama ChandraRao, learned Government Pleader for School Education, appearing for therespondents State.Rao, learned Government Pleader for School Education, appearing for therespondents State.

3. When the matter is taken up for hearing,it is brought[to][ the][ notice][ of]this Court by both the learned counsels that similar issue had come up beforethis Court by both the learned counsels that similar issue had come up before

this Court in W.P.No.30927 of 2022and Batch, and this Court disposed of thesaid writ petitions videcommon order on 05 01^^-01-2023 with certain directions tothe respondentsand hence, they prayed for a similar order in this writ petitionaswell.However,learnedGovernmentPleaderforSchoolEducationrequested to grantreasonable time forcompliance of the directionsto beissued by this Court in view of theongoing summer holidays for Schools.4.Perused theand Batch. Relevant[comnfon][ order][ dated][ 05.01.2023][ in][ W.P.No.30927][ of][ 2022]portion Of the said order is reproduced as under:

9. In view of the abovePetitions are disposed of with are disposed of with disposed of with of with[stand taken][ by][ the][ Government,]the following directions; following directions; directions;the following directions; following directions; directions; Petitions are disposed of with are disposed of with disposed of with of withall the Writthe following directions; following directions; directions;the following directions; following directions; directions;i)The respondent-authorities are hereby directed to permit the are hereby directed to permit thepetitioners-institutions to fillup all the Aided vacancies in termsup all the Aided vacancies in termsofG.O.Ms.No.l, Education,dated 01.01.1994 andalso as perdated 01.01.1994 andalso as perthe Scheduleprescribed under Sections19 & 25 of the Act,prescribed under Sections19 & 25 of the Act,2009;ii)haveuphaveup.hevac:::r"°"""^=“----°-esfor„,linpiii)On such applications, the Competent authoritiesshall informshall informthe institution abdut”K availability of qualifiedsurplus staff,surplus staff,within a period of four (04)weeks from the date of applicationweeks from the date of applicationand allot said surplus staffon permanent basis;on permanent basis;iv)tf surplus staff are no, available, the competent authorityshallinform the same and permit the petitioners- Institutionsthe to fill upvacanciesinaccordancewiththe abovesaidRule,tf surplus staff are no, available, the competent authorityshallinform the same and permit the petitioners- Institutionsthe to fill upvacanciesinaccordancewiththe abovesaidRule,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 ofthis 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^.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' and EsterAxene Res. High School and Others .V State of AndhraPradesh and Others^.

Vi)The entire exerciseshall 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 thisCourt 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 matterfellfor considerationin 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. Accacdmgly,this Writ Petitionis disposed ofin termsof the-abe¥ecommon order dated 05.01.2023 passed by this Courtin W.P.No.30927 of2022 & Batch, for the reasons alike, however, by extending[the][ time]forcompliance,in view of the difficulty expressed by[the][ learned][ Government]Pleader, with the following directions;- 2 MANU/AP/0045/2019

The respondent-authoritiesthe petitioner-institution to fill are hereby directed to permitup all the Aidedin terms of G.O.Ms.No.vacancies■>> Educationand also asdated 01.01.1994per the Scheduleprescribed under Sections19 & 25 of the Act 2009; In future also,"tenever vacancies arise thei"tenever vacancies arise theihas to make-institutionapplication to the Competentapplication to the Competentfilling up theauthorities forvacancies;vacancies; On suchapplication, the Competentapplication, the Competentinstitution about theauthorities shall informthe-ilahiiityotc,ua,iherisum,nsstatt,:thin-ilahiiityotc,ua,iherisum,nsstatt,:thina period of four (04)allot said surplus staffonweeks permanent from the basis; date ofapplication andallot said surplus staffonweeks permanent from the basis; date ofapplication and

iv.If surplus staffare not available, the Competentare not available, the Competenttheinformvacancies thesamein andaccordancepermit the petitioner-iwith-institutionauthority tofill shallupfheabovefheabovepreferably withinsaidRule,a period of three (03)months;a period of three (03)months;

V.Sofarasminorityinstitutionsareconcerned,the aboveareProoedcre is no, applicable insofar as allotmentof surplus staffthisthis Court Co r renderedis of Division Bench of^oc/em Wsrf, Sc/ioo/,areProoedcre is no, applicable insofar as allotmentof surplus staffthisthis Court Co r renderedis of Division Bench of^oc/em Wsrf, Sc/ioo/,Government of^amisthanpur .V>flr7cfA;ra Prat/es/iand Others^>flr7cfA;ra Prat/es/iand Others^Axene Res.and EsterSchool[n]and Others .V StateSchool[n]and Others .V State^’’adesh and Others*.of Andhra

VI.Theentire exerciseshall be completed by the exerciseshall be completed by theauthorities withinrespondent-a period of four (04)a period of four (04)receipt of a copy of thisorder.months from the dateof No costs. As a sequel, miscellaneous applications pendingif any, shallalso stand closed.

Sd/- G. HELA NAIDUassistant registrySECTION OFFICER

//TRUE COPY//

To1.The Principal Secretary, School Education Department[Secretariat,]Velgapudi, Guntur District, State of Andhra Pradesh (BYSPECIALMESSENGER)1.The Principal Secretary, School Education Department[Secretariat,]Velgapudi, Guntur District, State of Andhra Pradesh (BYSPECIALMESSENGER)

2. The Commissioner & Director of School Education, Andhra,Pradesh, Ibrahimpatnam, Krishna DistrictPradesh, Ibrahimpatnam, Krishna District3.The District Educational Officer Kurnool, Kurnool District.,[A.P.](Addressee Nos.2 & 3 BY RPAD)(Addressee Nos.2 & 3 BY RPAD)4.One CC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC]5.Two CCs to GP FOR SCHOOL EDUCATION, High Court Of AndhraPradesh. [OUT]5.Two CCs to GP FOR SCHOOL EDUCATION, High Court Of AndhraPradesh. [OUT]

6. Three CD Copies

HIGH COURT

DATE0:02/05/2025

ORDER

WP.No.34839 of 2017

DISPOSSING THE WRIT PETITIION