WRIT PETITION 33063 of 2017 on 31 October 2009

1. The State of Andhra Pradeshrep. by the Principal Secretary Schoolrep. by the Principal Secretary SchoolEducationDepartment,A.P.Secretariat,Velagapudi,AmaravathiGuntur District.Guntur District.

2. The Commissioner and Director of School Education, State of AndhraPradesh,AnjaneyaTowers,IbrahimpatnamVillage&Mandal,Vijayawada Rural, Krishna District.Pradesh,AnjaneyaTowers,IbrahimpatnamVillage&Mandal,Vijayawada Rural, Krishna District.

3. The Regional Joint Director of School, Education Guntur region, Guntur Guntur region, Guntur

4. The District Educational Officer, Prakasam, Prakasam District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue a writ, orderor direction more particularly one in thenature of Writ of Mandamus declaring the action of the respondentsin notconsidering the representation dt. 22.2.3.2017 of thepetitioner school forgrant of permission to fill up the three aided teacherposts which was fallenvacant due to retirement of Sri G.V.Krishna Murthy Aided School Assistant30.6.2003, Sri M.Satyamaiah Aided Teiugu Pandit Grade-ll on 31.10.2009

Tf

and Sri A.Tholisaiah Aided Hindi Pandit Grade-li on 31.05.2012on par withthe similarly situated schools vide.Govt. Memo No. 18836/ PS/A2/2010-34■' ^‘r^O-OS ^OIT as iilegal, arbitrary, and vioiativeof Articles 14, 16, 19 (1) (g),2t-A, 30 and 45 of the Constitutionof India and Consequently direct therespondents to accord permission to the petitioner school to fiil up the threeaided posts in petitioner schooi in accordance with the Ruie 12 and 13 of the1993 Ruies issued in G.O.Ms.No.1 Edn department dt.01.01.1994.

LA. NO: 1 OF 2017(WPMP. NO: 41139 OF 2017)

Petition under Section 151 CPCpraying thatin the circumstancesstated in the affidavit filediin support of the petition, the High Court may bepleased to direct the respondents toconsider the representation of thepetitioner dt. 22.02.2017, for grant of permission to fill up three aided postsi.e., Schooi Assistant, Telugu Pandit Grade-ll and Hindi Pandit Grade-llon31.05.2012, in petitioner schooi, pending disposal of the writpetition, in theinterest of justice.

lA NO: 1 OF 201«

Between:

1. The State of Andhra Pradesh,r:.^'■®P- by the Principal Secretary SchoolGu^r D:Ltricr^""^"‘'r:.^'■®P- by the Principal Secretary SchoolGu^r D:Ltricr^""^"‘'

2. The Commissioner and Director of SchoolEducation, State of AndhraEducation, State of AndhraPradesh,AnjaneyaTowers,IIbrahimpatnamVillage&MandalIbrahimpatnamVillage&MandalVijayawada Rural, Krishna District.

3. The Regional Joint Director of SchoolEducation Guntur region, GunturEducation Guntur region, Guntur4. The District Educational Officer, PrakasamPrakasam District.Prakasam District.

...PETITIONERS/RESPONDENTS

AND

' Sree Srinivasa Aided High School, Nehrunagar, Cumbum,[Prakasam][ District,]represented by its Correspondent Smt. Ch.Lakshmi Devi[Petitioner]

...RESPONDENT/PETITIONER

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to vacate the interim orders passed In W.P.M.P.No.[41139][ of][ 2017]in W.P.No. 33063 of 2017 dated 04.10.2017.

Counsel for the Petitioner: SRI GANGISETTY RAJESWARA[RAO]

Counsel for the Respondents: GP FOR EDUCATION

The Court made the following: ORDER

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

FRIDAY ,THE SECOND DAY OF MAYTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAMWRIT PETITION NO: 33063/2017

Between:

Sree Srinivasa Aided High School, Nehrunagar,

AND

The State Of Andhra Pradesh and OthersCounsel for the Petitioner:

1. GANGISETTY RAJESWARA RAO

Counsel for the Respondent(S):

1. GP FOR EDUCATION (AP)

The Court made the following ORDERj

...PETITIONER

...RESPONDENT(S)

The instant writ petitionis being filed by the petitioner-EducationInstitution,challenging the action of the respondents in not permittingthem tofill up the vacant posts in its School.

2. Heard learned counsel for the petitioner and Sri Gurram[Rama][ Chandra]Pleader for School Education, appearing for theRao, learned Governmentrespondents 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 thethis Court in W.P.No.30927 of 2022 and Batch, and this[Court][ disposed][ of][ the]

said writ petitions vide common order on 05.01.2023[with][ certain][ directions][ to]the respondents and hence, they prayed for a similar[order][ in][ this writ][ petition]aswell.However,learnedGovernmentPleaderforSchoolEducationrequested to grant reasonable time for compliance of[the][ directions]to 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][ terms]of 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][ terms]of 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 institutbns[have]to 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[inform]theinstitution 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;theinstitution 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 upthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of two (02) months;inform the same and permit the petitioners- institutions to fill upthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of two (02) months;

V)Sofarasminorityinstitutionsareconcerned,theaboveprocedure is not applicable insofar as allotment of surplus staffprocedure is not applicable insofar as allotment of surplus staff

are concerned, in view of the Judgments of Division Benchofthis Court rendered in Modern High School, Zamisthanpur[.V]Government of Andhra Pradeshand Others^ andEsterAxene Res. High School and Others .V Stateof AndhraPradesh and Others^.

Vi)The entire exercise shall be completed by the respondent-authorities within a period of three (03) months from the date ofreceipt of a copy of this order,

5.

5. Further, both the learned counsels have brought to the notice of thisCourt that, as of now,no appeal has been filed challenging the aforesaidcommon 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 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 aforesaidcommon 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 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 of in termsof the abovecommon order dated 05.01.2023 passed by this Courtin W.P.No.30927 of2022 & Batch, for the reasons alike, however, by extendingthe timeforcompliance,in view of the difficulty expressed by the learned GovernmentPleader, with the following directions;-common order dated 05.01.2023 passed by this Courtin W.P.No.30927 of2022 & Batch, for the reasons alike, however, by extendingthe timeforcompliance,in view of the difficulty expressed by the learned GovernmentPleader, with the following directions;-

I.The respondent-authorities are hereby directed to permitthe petitioner-institution to fill up all the Aidedvacanciesthe petitioner-institution to fill up all the Aidedvacancies in 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[for]filling up the vacancies; On such application, the Competent authorities shall[inform][ the]institution about the availability of qualified surplus staff, withina period of four (04) weeks from the date of application[and]allot 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[and]allot 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 tofill upthevacanciesinaccordancewiththeabovesaidRule,preferably within a period of three (03) months;inform the same and permit the petitioner-institution tofill upthevacanciesinaccordancewiththeabovesaidRule,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[ of]this Court rendered in Modem 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[ of]this Court rendered in Modem 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][ 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”

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

//TRUE COPY//

Sd/-SHAIK MOHD. RAFIiASSISTANT REGISTRAR'

To,

SEOFFICER

TF

1. ThePrincipalSecretary,SchoolEducationDepartment,A.P.Department,A.P.Secretariat, Velagapudi, Amaravathi Guntur District.School Education, Anjaneya TowersSchool Education, Anjaneya TowersIbrahimpatnam Village & Mandal, Vijayawada Rural, Krishna District.

3. The Regional Joint Director of School, Education Gunturregion, Guntur4. The District Educational Officer, Prakasam, Prakasam District.5. One CC to Sri Gangisetty Rajeswara Rao, Advocate [OPUC]4. The District Educational Officer, Prakasam, Prakasam District.5. One CC to Sri Gangisetty Rajeswara Rao, Advocate [OPUC]

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

7. Three CD Copies

HIGH COURT

DATED:02/05/2025

**0 ( JUN§1^. Currenl Seciion

ORDER

WP.No.33063 of 2017

DISPOSING OF THE W.P., WITHOUT COSTS