Disposed

St. Mary's Girls High School, v. The State of A.P.

Andhra Pradesh HC21 Jan 2024WP/1337/2024

Case brief

AI extract

What is this about?

PETitioner challenged the failure of respondent authorities to grant permission to fill vacant aided posts in schools. Court disposed of the writ petition in terms of a previous common order dated 05.01.2023, directing authorities to permit filling vacancies while observing surplus staff allotment rules, with no order as to costs.

What did the court decide?

Directed respondents to permit petitioner institutions to fill all aided vacancies within three months, adhering to the process of allotting surplus staff if available or permitting direct filling if

St. Mary's Girls High School, Vs The… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.1337 OF 2024

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ORDER :

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This writ petition came to be filed under Article 226 of

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the Constitution of India, seeking the following relief:-

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“…. to issue a Writ or direction or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in failure to grant permission to fill the vacant aided posts in the petitioner’s schools is illegal, arbitrary and in contravention of the provisions of the Education Act and also in contravention of Right of Children to Free and Compulsory Education Act 2009 and the and the rules made thereunder and consequently, direct the respondents to grant permission to fill the vacant teaching and non-teaching posts in the petitioner’s schools and pass such other order or orders to meet the ends of justice as this Honble Court may deem fit and proper in the circumstances of the case ..”

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Heard Mr.M. Devi Prasad, learned counsel for the petitioner(s) and learned Government Pleader for School Education appearing for the respondents.

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During hearing, learned Government Pleader for School Education as well as learned counsel for the petitioner(s) would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in

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W.P.No.30927 of 2022 and Batch, dated 05.01.2023, wherein

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a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said order reads as under:

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“9. 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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2 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) 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) 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 petitioners- institutions to fill up the vacancies in accordance with the 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 Modern High School, Zamisthanpur V. Government

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of Andhra Pradesh and Others¹ 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 same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of in terms of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 and Batch. There shall be no order as

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to costs.

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