Disposed

Private Recognized Aided Schools Management Association v. State of A.P.

Andhra Pradesh HC18 Feb 2024WP/1041/2018

Case brief

AI extract

What is this about?

This judgment is an order of the Special Original Jurisdiction of the High Court of Andhra Pradesh, Amaravati. The bench of Hon'ble Justice K. Suresh Reddy (dated 05.01.2023) disposed of a common order regarding writ petitions filed by private aided school management against the State. The Court directed authorities to permit filling of aided vacancies subject to informing institutions about avail

What did the court decide?

Directing authorities to permit filling of vacancies, informing petitioners of surplus staff availability within 4 weeks, and allotting them on permanent basis.

Private Recognized Aided Schools… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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COURT OF ANDHRA PRADESH AMARAVATl (Special Original Jurisdiction)

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IN THE HIGH

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. V
(Special Original Jurisdiction) y.- X "
MONDAY THE NINETEENTH DAY OF FEBRUARY
1,
TWO THOUSAND AND TWENTY FOUR
w
4 't
:PRESENT;

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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1041 OF 2018

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Between:

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Schools Management Association, Rep. by

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1, Private Recognized Aided its Secretary, Sri Myla Anjaiah, S/o. Ramaswamy, Aged about 71 years and Correspondent of Yadava High School, R/o.

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and also the Secretary 4-16-20, Old Guntur, A.P.

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Yadava High School, running by Yadava High Schooi Committee, Rep. aged about 71 years. Secretary

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by Sri Myla Anjaiah, S/o. Ramaswamy and Correspondent, Yadava High School Road, Old Guntur, A.P.

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Priyadarshini Vidyabhivridhi Samstha Oriental PUP School, Rep. by its Secretary and Correspondent, Sri G. Seshadri Reddy, S/o. Venkata R/o. Hariprasadnagar, Chirala, Prakasam

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Reddy, aged about 68 years District.

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Aided Upper Primary School, Rep. by its

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1. Sri Saraswati Committee Correspondent, Sri D.V. Subba Rao, aged about 47 years R/o. Sitaramnagar, Guntur -1, A.P.

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Sri V. Prabhakara Rao, S/o. Pichaiah,

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1. S.V.P.A.U.P. School, Rep. by Chirala, Prakasam District.

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aged about 62 years, R/o.Vykantapuram

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S.A.R.R.M. High School, Rep. by its Correspondent, Sri A.G. Gopala Reddy, Aged about 49 years, R/o.

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Krishna Reddy, S/o. Venkateswara Vithal Nagar, Chirala, Prakasam Dist.

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S.N.B.G.B.P. High School, Rep by Y. Sitaramaiah,^{S/o.Venkaiah,aged} about 57 years, R/o. Veerannapalem, Prakasam Dist.

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P.S.N.C.C. High School, Rep. by its Secretary and^{Correspondent,Sri} K.U.V. Subba Rao, S/o. Koteswara Rao, aged about 56^years,R/o. Muppavaram, J Panguluru Mandal, Prakasam Dist.

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...Petitioners

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AND

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State of A.P., Rep by its Principal Secretary, School^{Education,A.P.}

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Secretariat, Velagapudi, Amaravathi, Guntur District,

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1. Commissioner of School Education, Ibrahimpatnam, Vijayawada Krishna District.

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The Regional Joint Director, School Education, Guntur,^{GunturDistrict.} 4. The District Educational Officer, Guntur District.

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The District Educational Officer, Ongole, Prakasam^District

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...Respondents

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Petition under Article 226 of the Constitution of India praying^thatin the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue a Writ Order or direction more^{particularlyoneinthe} NO.756924/PS/A2/2017 nature of writ of mandamus, declaring the memo dated 12-09-2017 issued by the 1®‘ respondent and consequential^memoof nd the 2 respondent in Rc.No.PS-l/2010 dated 12-9-2017 keeping the Rc.No.90/PS-l/2010-13 dated 20-07-2017 in abeyance pursuant Note dated 09-09-2017 as illegal and in contravention of^{theA.P.EducationAct,} of Children to Free and Compulsory Education Act, 2009^and in Right violation of Article 21-A of the Constitution of India,^{2)todeclaretheaction} of the respondents in imposing ban indirectly by keeping in abeyance of the recruitment in contravention of judgment in W.P.No.9503/^2005dated 31-07-2013, which was commenced pursuant to the memo in Rc.No.90/PS-l/2010 dated 20-07-2017 as illegal and^{consequentlydirect} the respondents to permit the members of the 1®‘ petitioner^{associationand} to fill the vacant aided posts which are in existence in petitioners accordance with the Law.

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lA NO: 1 OF 2018

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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 pleased to direct the respondents 1 to 5 to commence the process of filling of the aided posts vacant in the aided institutions^{intheStateofA.P.} lA NO: 2 OF 2018

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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 pleased to suspend the memo No.756924/PS/A2/2017 dated 12-09-2017 issued by the 1®* respondent and consequential memo^{No.Rc.No.90/PS-} 1/2010 dated 12-09-2017 issued by the 2'^'^ respondent pending disposal of the Writ Petition before this Hon'ble Court.

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Counsel for the Petitioner{s):SRI. N SUBBA RAO

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Counsel for the Respondents: GP FOR SCHOOL EDUCATION (AP) The Court made the following:

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APHC010()041320I8

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

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[ 3333 MONDAY ,THE NINETEENTH DAY OF FEBRUARY ] TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1041 OF 2018

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Between: PRIVATE RECOGNIZED AIDED SCHOOLS MANAGEMENT ASSOCIATION AND OTHERS ...PETITIONER(S)

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AND

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STATE OF A P AND OTHERS ...RESPONDENT(S)

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Counsel for the Petitioner(s):SRI. N SUBBA RAO

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Counsel for the Respondents: GP FOR SCHOOL EDUCATION (AP)

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The Court made the following:

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ORDER:

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This writ petition came to be filed under Article 226 of the Constitution of India, seeking the following relief:-

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“...to issue a Writ, Order or direction more particularly^oneinthe nature of writ of mandamus declaring the memo NO.756924/PS/A2/2017, dated 12.09.2017 issued by the 1st respondent and consequential memo of the 2"'^ respondent in Rc.No.PSl/2010 dated 12.9.2017 keeping the Rc.No.90/PSI/2010-13 dated 20.07.2017 in abeyance, pursuant Note dated 09.09.2017^as illegal and in contravention of the A.P.Education Act, Right of Children to Free and Compulsory Education Act, 2009 and in violation of Article 21A of the Constitution of India (2) to declare the action of the respondents in imposing ban indirectly by keeping in abeyance of the recruitment in contravention of judgment in W.P.No.9503/2005^dated 31.07.2013 which was commenced pursuant to the memo in Rc.No.90/PSI/2010 dated 20.07.2017 as illegal and consequently direct the respondents to permit the members of the i®' petitioner association and petitioners to ifll the vacant aided posts which are in existence in accordance with the Law and pass... ”

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Devi Prasad, learned counsel for the 2. Heard Sri. M. Government Pleader for School Education. petitioner and learned Pleader for School 3. During hearing, learned Government would submit well as learned counsel for the petitioner Education as involved in this Writ Petition is squarely covered by that the issue .30927 of 2022 and batch, dated earlier orders of this Court in W.P.No learned single Judge of this Court passed a 05.01.2023, wherein a Order. Operative portion of the said order reads as detailed Common under;

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

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hereby directed to permit the

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i) The respondent-authorities are in terms of

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institutions to fill up all the Aided vacancies

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petitionersion, dated 01.01.1994 and also as per the

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G.O.Ms.No.l, Education 19&25 of the Act, 2009;

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Schedule prescribed under Sections

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ii) In future also, wheneoer vacances anse. the mstitahons have to authorities for filling up the

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to the Competent

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make applications vacancies;

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iiij On such applications, the Competent authorities shall triform the mstitution about the avatlabtltty of pualtfted surplus staff, unthm a and allot sard

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period of four m toeehsfrom the date of appltcation su rplus staff on permanent basis; not available, the Competent authority shall

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iv) If surplus staff are institutions to fill up

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and permit the petitioners-

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inform the same above said Rule, preferably

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the vacancies in accordance with the within a period of two (02) months;

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concerned, the above procedure

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V) So far as minority institutionsr asareallotment of surplus staff are IS not applicable insofa concerned, .nuiew of the Judgments ofDivtsion Bench^of,MsCourt

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-Of

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rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others’ and Ester Axene Res. High^School and Others V. State of Andhra Pradesh and Others2.

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Vi) The entire exercise shall be completed by the respondentauthorities within a period of three (03) months from the date of receipt of a copy of this order”

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In view of the above, the note dated 09.09.2017 issued by the Minister for H.R.D., which is addressed to the Special Chief Secretary to Government, School Education Department, informing that the guidelines issued vide Rc.No.90/PS-I/2010-13, dated 20.07.2017 pertaining to filling up of posts in the private aided schools covered under W.P.No.9503 of 2005 and batch were kept under abeyance until further orders, is hereby set-aside. Accordingly, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of. There shall be no order as to costs.

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Registry is directed to attach the copy of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of²⁰²² to this order.

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As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

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//TRUE COPY//

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SDI- K. TATA RAO DEPUTY REGISTRAR 4. . SECTION OFFICER

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To,

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The Principal Secretary, School Education, State of A.P., A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

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Commissioner of School Education, Ibrahimpatnam, Vijayawada, Krishna District.

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The Regional Joint Director, School Education, Guntur, Guntur District.

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The District Educational Officer, Guntur District.

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The District Educational Officer, Ongole, Prakasam^District.

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One CC to SRI. N SUBBA RAO Advocate [OPUC]

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Two CCs to GP FOR SCHOOL EDUCATION (AP), High Court of Andhra Pradesh. [OUT]

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Two CD Copies,

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(along with a copy of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022)

PSD

I '

St-,

HIGH COURT

DATED:19/02/2024

ORDER

WP.No.1041 of 2018

fx t 2 AUG 20?'« a
«<5,
Curraoi Seciion ^

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DISMISSING THE WP

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WITHOUT COSTS

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HON’BLE SRI JUSTICE K.SURESH REDDY

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Petition Nos.30927. 2888 4938. 8014. 8197 31010 31039. 31730, 33163, 35592. 37415 X7Af^l 37508. 38250, 38924. 40923 and 42367 of 2027

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COMMON O R D R R-.

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As the issue involved in all these writ petitions is inter-related, all these writ petitions are taken up together and are disposed of through this common order.

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The petitioners in these cases are the management of private Schools. The grievance of the writ petitioners in all these Writ Petitions is the action of the official respondents in not permitting the petitioners-institutions to fill up the vacant aided posts in their institutions in accordance with law.

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Facts in nutshell:

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All the petitioners-institutions are private aided schools. All the institutions got recognition and thereafter, some posts have admitted into Grant-in-aid by the Government. The appointment of staff in the Aided institutions is governed by Rule-12 of G.O.Ms.No.1, Education, dated 01.01.1994. As per the terms in the said G.O. as and when vacancy arises, the Management shall make an application to the Competent authority, who in turn would grant permission to the

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Management to constitute staff selection committee consisting of nominee of District Educational Officer (DEO) as well^asthesubject experts. Thereafter, the Management is free to make^appointfrom among the selected candidates after following procedure of giving notification in newspaper and also drafting the candidates from concerned employment exchange.

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(i1) Subsequently, the government issued a memo, dated 20.10.2004 imposing ban on recruitment of staff into^{Aidedinstitutions.} Thereafter, batch of Writ Petitions were filed i.e.,^W.P.No.9503 of 2005 and batch. After elaborate hearing, all the writ^{petitionswere} allowed and the ban imposed by the State government^wassetaside. vide common order, dated 30.07.2013. Thereafter, the Government filed Writ Appeal No.216 of 2014, which was also dismissed^bythe Division Bench of this Court. Subsequently, the Government^preferred appeal in S.L.P.No.8547 of 2014 before the Hon’ble^{SupremeCourtof} India, which was also dismissed on 14.09.2015. As there^isnoothergo, the Government issued memo, vide Memo No.18836/SC.PS/A1/2012, dated 04.01.2017 permitting the Aided Institutions,^{whoapproached} the Court to fill up the vacant posts by lifting the^ban.

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(iii) Subsequently, the government issued G.O.Ms.No.40, School Education (PS) Department, dated 30.06.2017^andasperthe

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said G.O., the Commissio ner of School Education has issued proceedings in Rc.No.90/PS -1/2010-3, dated 20.07. 2017 directing all the Regional Joint Directors of School Education and District Educational Officers to take necessary action in filling up all the vacancies in the schools, As per the said G.O., and consequential proceedings of the 2"'' respondent, dated 20.07.2017, all the Petitioners-institutions requested the Competent authorities to permit them to fill up the vacant posts and to that effect, they made applications on various dates to the respective competent authorities.

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('V) Subsequently, as per the instructions of the Government, the 2"“^ respondent once again issued proceedings, dated 12.09.2017 keeping the recruitment in abeyance, Subsequently, the said proceedings were challenged i in W.P.No.1041 of 2018 and this Court suspended the said abeyance proceedings, vide orders in I.A.No.1 of 2018 in W.P.No. 1041 of 2018, dated 29. 02.2020. Thereafter, all the petitioners-institutions made several applfcations to the Competent authorities seeking permission to fill up vacancies in Aided Schools, Till now, the Competent authorities did not take any decision or granted permission to fill the vacancies in Aided Schools, Aggrieved by the same, all these wri v^rit petitioners have come up with the batch of Writ Petitions.

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Perused the entire material on record. This Court has also of the Writ Petitions directing the passed interim orders in most Competent authorities to permit the petitioners-lnstitutions to fill up vacancies in Aided Schools by considering the proposal submitted by have not them . In spite of interim orders, the Competent authorities to fill up the vacancies. permitted the petitioners-institutions Consequently, some of the petitioners-institutions filed contempt cases before this Court and they are pending.

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Pleader for School Education filed 5. Learned Government that Aided schools should counter-affidavit, inter alia contending 1:40 for filling up of vacancies and maintain teacher-student ratio as vacancies in Aided that the petitioners-institutions have to fill up prescribed under Rule 12(3)(A) of schools as per the provisions G.O.Ms.No.1 , Education (PS2) Department, dated 01.01.1994.

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Sri N.Subba Rao, learned Senior Counsel, scrupulously of the official respondents with submitted that so far as the contention regard to teacher-student ratio is concerned, the same is governed by 19 a 25 of the Right of Children the schedule prescribed under Sections 2009 (for short, ‘the Act of to Free and Compulsory Education Act 2009) For better appreciation, the said Schedule is extracted hereunder;

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THE SCHEDULE (See Sections 19 and 25 ) Norms and Standards for a School

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Sl.No. Item Norms and Standards
Number of teachers Admitted children Number of teachers
(a) For First Up to Sixty Two
class to 5 th
Class Between sixty-one to ninety Three
Between Ninety one to one Four
hundred and twenty
Between one hundred and Five
twenty one to two hundred
Above one hundred and fifty Five Plus one
Children Head Teacher
Above two hundred Children Pupil-Teacher
Ratio (excluding Head
Teacher) shall not exceed
forty.
(b) For Sixth (1)At least one teacher per
class to class so that there shall be
eight class at least one teacher each
for -
(i) Science and
Mathematics;
(ii) Social Studies ;
(iii) Languages
(2) At least one teacher for
every thirty-five children
(3) Where admission of
children is above one
hundred—
(i) A full time head
teacher
(ii) Part time instructors
for
(A) Art Education
(B) Health and
Physical
Education
(C) Work Education

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As such this being the Central Enactment, the State government is bound to follow the said Schedule. Further, so far as Rule-12(3)(A) of the Rules, 1993 is concerned, the petitionerinstitutions have no objection to follow the Rule 12(3){A) of the Rules, 1993. For better appreciation of the said provision,^thesameis extracted hereunder ;

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12.Appointment of Staff

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“Rule 12 (3A) : Before iflling up of the aided teaching^or non-teaching posts, the educational agency shall necessarily obtain clearance from the Competent authority, to the effect that, there are no surplus^postsin the concerned district, and if there are suitable surplus candidates, they should be deployed against the said The vacancies as per the subject reqidrements. competent authority shall however obtain the permission from the Government before issuing clearance for filling up of any aided posts

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As per Rule 12 (3A) of the above said Rules, vacancies^will be filled up by surplus candidates. At this juncture, learned Senior Counsel states that respondent authorities are not^{sendingsurplus} candidates and they are sending candidates only by^{wayofadjustment} and thereafter, recalling them, which happened in many^cases. At this juncture, this Court directed the learned Government Pleader to

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inform the stand of the Government with regard to sub-rule 3(A) of Rule 12. In such circumstances, learned Government Pleader filed affidavit of the Commissioner of School Education. Para-5 of the said affidavit reads as follows :

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Further to submit that instructions were issued to all the Regional Joint Directors of School Education and District Educational Officers with a request to identify the surplus teachers/ existing teachers of defunct aided schools as per Rule 10(12) in G.O.Ms.No. 1, Education, dated 01.01.1994 and transfer the surplus teachers as per Rule 10 (17) in G.O.Ms.No. 1, Education, dated 01.01.1994 on a permanent basis and the same is under process”.

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In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following^directions :

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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 per the Schedule prescribed^under Sections 19 & 25 of the Act,2009 ;

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ii)

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In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies;

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iii)

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On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from^the date of application and allot said surplus staff on permanent basis ;

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iv) If surplus staff are not available, the Competent authority shall inform the same and permit the petitionersinstitutions to fill up the vacancies in accordance^withthe above said Rule, preferably within a period of two⁽⁰²⁾ months;

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V) So far as minority institutions are concerned, the^above 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 Modem High School, Zamisthanpur V. Government of Andhra Pradesh and Others^ and Ester Axene Res. High School and Others V. State of Andhra Pradesh and

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Others^.

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' 2002 (1)ALD96

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‘ MANU/AP/0045/2019 '

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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;

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No order as to costs.

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Miscellaneous Petitions, if any, pending in this writ petition shall

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stand closed.

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K.SURESH REDDY,J

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5^*’ day of January,2023.

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Note : LR Copy to be marked B/o RPD

Private Recognized Aided Schools Management Association v. State of A.P.

Case brief

What is this about?

What did the court decide?

Private Recognized Aided Schools Management Association v. State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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