S v v S Aided Primary School Vs the State of Ap

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APHC010387242025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327] (Special Original Jurisdiction)

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WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 20188/2025

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Between:

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S V V S AIDED PRIMARY SCHOOL, SWS AIDED PRIMARY SCHOOL, GIDDAIUR, GIDDALUR MANDAL, PRAKASAM DISTRICT, REPRESENTED BY ITS CORRESPONDENT SRI S. CHENCHAIAH.

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...PETITIONER

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A N D

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THE STATE OF AP, REP., BY ITS THE PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION FOR THE STATE OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, A.P-522503.

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THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, NEAR HAPPY RESORTS, AATMAKUR, MANGALAGARI, KRISHNA DISTRICT, A.P - 521456.

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THE DISTRICT EDUCATIONAL OFFICER, PRAKASAM DISTRICT, PRAKASAM BHAVAN, TRUNK ROAD, ONGOLE, ANDHRA PRADESH-523001.

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...RESPONDENT(S):

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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, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondents in not granting the permission to fill up the acent aided post, under section 12 of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 and contrary to the principles layed down by this Honble Court in W.P No. 30927 of 2022 and Bathch

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Order dated 05-01-2023 in spite of the petititoner submitting the application dated 13-06-2025, as illegal, arbitrary and violation of law, consequently direct the Respondents to consider the application of the petitioner dated 13-06-2025 by according permission to the petitioner to fill up the vacent aided Secendary Grade Teacher's post that fell vacent due to supernnaution and to pass

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IA NO: 1 OF 2025

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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 pleased to direct the Respondents to consider the application of the petitioner dated: 13-06-2025 for according permission to the petitioner to fill up the vacent aided Secondary Teachers Post that feil vacent due to supernuation pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.C SUNIL KUMAR REDDY

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION

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The Court made the following:

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O R D E R

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This Writ Petition is filed challenging the action of respondents in not granting permission to fill up the vacant aided post under Section 12 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 (for brevity ‘the Educational Institutions Rules, 1993’) as illegal, arbitrary and contrary to the principles laid down by this Court in Writ Petition No.30927 of 2022 and Batch, Common Order, dated 05.01.2023 in spite of submitting application by the petitioner on 13.06.2025 and consequently to direct the respondents to consider the application of the petitioner by according permission to fill up vacant aided Secondary Grade Teacher post that fell vacant due to superannuation.

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Contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner-school was established under Management of the Srikara Educational and Development Society, an independent society, registered under the Societies Registration Act, 1860; that the petitioner-school was established in the year 1980 with paramount object to impart free education to the children of weaker section, downtrodden, orphans etc; that the

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petitioner-school runs primary and upper primary classes in Giddalur, Prakasam District to impart free education to the children and the petitioner school is being run with partial aid provided by the Government; that the petitioner-school has permission and recognition and is absorbed into grant-in-aid by the Government; that the Government sanctioned grant-in-aid posts as per the then existing Rules and absorbed the teachers to those posts.

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(b) The petitioner-school is governed under the provisions

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of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) (for brevity ‘the Education Act, 2009’), the Andhra Pradesh Education Act, 1982 (for brevity ‘the Education Act, 1982’) and the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 (G.O.Ms.No.1 (P.S.2), dated 01.01.1994).

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(c) As per Rule 12 of the Educational Institutions Rules 1993, the management of the petitioner-school is entitled to fill up the vacant aided posts of teaching and non-teaching staff, from time to time as and when vacancies arise, seeking permission of the competent authority, and under Section 26 of the Education Act, 2009, while filling up of vacancies of teachers, the Appointing

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Authority, in relation to a school established, owned, controlled or substantially financed by the funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure the vacancy of teachers in a school under its control, shall not exceed 10% of the total sanction strength. Under Rule 12 of the Educational Institutions Rules 1993, the respondents have to grant permission for filling up the vacant aided posts.

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(d) Respondent No.1 is showing discrimination by not permitting the private aided management to fill up the aided vacancies from time to time and on the other hand, allowing the other management schools viz. Zilla Parishad, Mandal Praja Parishad and Municipalities to fill up the aided vacancy post.

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(e) Aggrieved by the inaction of the respondents, some of the Private Aided School Managements filed Writ Petition No.30927 of 2022 and batch, challenging the inaction of respondents and this Court vide Common Order, dated 05.01.2023, disposed of the said Writ Petition and batch with specific directions to the respondent authorities.

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(f) The petitioner-school made an application to the respondents on 13.06.2025 to fill up vacant aided post that arose due to attaining of superannuation by one G.Venkateswarlu,

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Secondary Grade Teacher on 31.05.2025, but till date, there was not response from the respondents. The respondents ignored to grant permission as contemplated under the above provision of law and directions of this Court in Writ Petition No.30927 of 2022, dated 05.01.2023. The Academic year 2025-26 has already commenced and if the petitioner-school is not permitted to fill up the vacant aided post, the students and the management of the petitionerschool would be put to hardship. Hence, the Writ Petition.

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Today, when the matter came up for admission, it is submitted by the learned counsel for the petitioner-school that the subject matter of this Writ Petition is squarely covered by the Common Order passed by this Court in Writ Petition No.30927 of 2022 and batch, dated 05.01.2023, wherein a learned Single Judge of this Court disposed of the Writ Petition. A copy of the said Common Order is placed on record as a material paper. The relevant paragraph 9 of the said Common Order reads thus:

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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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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

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Schedule prescribed under Sections 19 and 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

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rendered in Modern High School, Zamisthanpur v. Government 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 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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1 2002 (1) ALD 96.

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2 MANU/AP/0045/2019.

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Heard learned counsel for the petitioner school and the

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learned Government Pleader for School Education representing respondent Nos.1 to 3.

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Having regard to the Common Order passed by this Court in Writ Petition No.30927 of 2022 and Batch, dated 05.01.2023 and for the reasons mentioned therein, this Writ Petition is disposed of, with the following directions:

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i) The respondent-authorities are hereby directed to consider the application of the petitioner-school, dated 13.06.2025 and permit the petitioner school to fill up vacant Aided Post, that arose due to retirement of one Sri G.Venkateswarlu, Secondary Grade Teacher on 31.05.2025 by attaining the age of superannuation, in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009). 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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There shall be no order as to costs of the Writ Petition.

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Consequently, miscellaneous applications pending if any, shall also stand closed.

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JUSTICE K. SREENIVASA REDDY

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13^th August, 2025. DNB

S v. v S Aided Primary School v the State of Ap

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S v. v S Aided Primary School v the State of Ap

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