Disposed

Hebron Residential Aided High School v. The State of Andhra Pradesh

Andhra Pradesh HC7 Feb 2024WP/3341/2024

Case brief

AI extract

What is this about?

Aided school sought mandamus to fill eight vacant aided posts. Both sides agreed the issue was covered by an earlier common order dated 05.01.2023 in W.P.No.30927 of 2022 and Batch directing authorities to permit filling of aided vacancies subject to surplus-staff procedure.

What did the court decide?

Writ petition disposed of in terms of the order dated 05.01.2023 in W.P.No.30927 of 2022 and Batch; no costs; miscellaneous applications closed.

Hebron Residential Aided High School Vs The… — Education and Admissions | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

THURSDAY, THE EIGHTH DAY OF FEBRUAF?Y TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE V.SUJATHA

¶6

WRIT PETITION NO: 3341 OF 2024

¶7

Between:

¶8

Hebron Residential Aided High School,

¶9

F^ep by its Correspondent Sri. Jalli Sagar, D. No.^11-194,

¶10

Nagarajupeta, F'alakol, West Godavari District, Andhra^Pradesh.

¶11

...PETITIONER

¶12

AND

¶13

The State of Andhra Pradesh, Represented by its Principal Secretary, Department of School Education, 4'^ Block, 1®‘ Floor,^RoomNo.267 Secretariat Buildings, Tullur Velagapudi, Guntur District^-522501

¶14

The Commissioner of School Education, B- Block, 4th Floor, VTPS Road llbrahirnpatnam, Krishna District State of Andhra^Pradesh- 521456.

¶15

Regional Joint Director of School Education, O/o^{DistrictEducational} Office, Beside District Library, Main Road, Kakinada,^{KakinadaDistrict} Andhra Pradesh.

¶16

The District Educational Officer, Bhimavaram, West Godavari^District, Andhra Pradesh.

¶17

...RESPONDENTS

¶18

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ more in^{thenatureofWritof} Mandamus declaring the action of the Respondents in not granting permission to fill up the vacant Aided posts in the Petitioner institution, despite representationmade by the Petitioner on 17-01-2024 as being

¶19

' A

¶20

arbitrary, illegal and violating Articles 14 and 19^{oftheConstitutionofIndia} and„in contravention to the AP Education Act 1982 and Right to Education Act 2G09l and rules framed thereunder and consequently direct the F^esponddrvts*• 2 to 3 to permit the Petitioner institution to fill up the 8 vacant Aided po§’te as per proposal submitted by the Petitioner institution on . 17-bT^20^4

¶21

U NO: 1 OF 2024

¶22

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 may he pleased to direct the Respondents 2 to 3 to permit the F^etitioner institution to fill up the 8 vacant Aided posts as per the proposal submitted by the F^etitioner institution on 17-01-2024

¶23

Counsel for the Petitioner : SRI. SRI VIJaY MATHUKUMILLI Counsel for the Respondents : GP FOR SCHOOL EDUCATION

¶24

The Court made the following: ORDER

¶25

■f j

¶26

HONOURABLE SMT. JUSTICE V.SUJATHA

¶27

WRIT PETITION No.3341 OF 2024

¶28

ORDER;

¶29

This writ petition came to be filed under Article 226^of

¶30

the Constitution of India, seeking the following relief:-

¶31

“....to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not granting permission to ifll up the vacant Aided posts in the Petitioner institution, despite representation made by the Petitioner on 17.01.2024 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and in contravention to the AP Education Act 1982 and Right to Education Act 2009 and rules framed thereunder and consequently direct the Respondents 2 to 3 to permit the Petitioner institution to fill up the 8 vacant Aided posts as per the proposal submitted by the Petitioner institution on 17.01.2024 and issue such other Writ or Order or direction^as deemed ift and circumstances of case...”

¶32

Heard Mr. M. Sri Vijay, learned counsel for the petitioner(s) and learned Government Pleader for Higher Education appearing for the respondents.

¶33

During hearing, learned Government Pleader for Higher 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

¶34

¶35

W.P.No.30927 of 2022 and Batch, dated 05.01.2023, wherein a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said order reads as under:

¶36

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

¶37

2 i) The respondent-authorities are hereby directed to permit the petitioners-institutions to ifll up all the Aided vacancies in terms of G.O.Ms.No.l, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19&25 of the Act, 2009;

¶38

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

¶39

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

¶40

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

¶41

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

¶42

¶43

¶44

of Andhra Pradesh and Others! and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others^.

¶45

Vi! The entire exercise shall be completed by the respondentauthorities within a period of three 103) months from the date of receipt of a copy of this order

¶46

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 mi W.P.No.30927 of 2022 and Batch. There shall be no order as to costs.

¶47

Registry is directed to attach the copy of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 and Batch to this order.

¶48

As a sequel, miscellaneous applications pending, if any. shall also stand closed.

¶49

To,

¶50

Sd/. K. TATA RAO //TRUE COPY// DEPUTY registrar SECTION OFFICER

¶51

Principals Floor, Room No. Oepa..en, of School Education, 4^^ Bloc. Zl^d^Tullur V. auapurG"' ^ 202(I)ALD 96 Qapudi. Guntur District - 522501 ^ MANU/AP/0045/2019

¶52

The Commissioner of School Education, B- Block, 4th Floor, VTPS Road Ibrahirnpatnam, Krishna District State of Andhra F^radesh - 521456

¶53

vJ. Regional Joint Director of School Education, O/o District Educational Office, Beside District Library, Main Road, Kakinada, Kakinada District Andhra Pradesh.

¶54