Vjb Aided Primary School Vs the State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary. Department of School Education 4th Block, 1st Floor, Room No. 267 Secretariat Buildings, Tullur Velagapudi, Guntur District - 522501

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The Commissioner and Director, Department of School Education Government of Andhra Pradesh Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur Andhra Pradesh.

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The District Educational Officer, Moolasagaram, Nandyal, Nandyal District, Andhra Pradesh - 518501.

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...Respondents

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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 more in the nature of Writ of Mandamus declaring the action of the Respondents in not granting permission to fill up the 05 vacant Aided posts in the Petitioner institution, despite representation

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SRK, J WP No.23881 of 2025

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made by the Petitioner on 04-08-2025 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 05 vacant Aided posts as per the proposal submitted by the Petitioner institution on 04-08-2025 and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case.

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

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SRK, J WP No.23881 of 2025

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The Court made the following 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 an appropriate Writ more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not granting permission to fill up five (05) vacant Aided posts in the Petitioner institution despite representation made by the Petitioner on 04.08.2025 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 the Right to Education Act, 2009 and Rules framed thereunder and consequently direct the Respondents 2 and 3 to permit the Petitioner institution to fill up five (05) vacant Aided posts as per the proposal submitted by the Petitioner institution on 04.08.2025 and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case”

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Heard Sri Mathukumilli Sri Vijay, learned counsel for the petitioner and learned Assistant Government Pleader for School Education.

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During hearing, learned Assistant Government Pleader for School Education as well as learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.30927

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SRK, J WP No.23881 of 2025

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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:

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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) 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

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SRK, J WP No.23881 of 2025

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Court rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others, (2002(1) ALD 96) and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others, (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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