Hindu Aided Elementary School Vs The State of Andhra Pradesh

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 2nd Respondent,^{Commissionerof} School Education, Andhra Pradesh in not communicating the lifting of the Ban by the Government vide Memo in No. 18836/SE.PS/A1/2012 Dated: 04-01-2017 and enabling the filling up of the vacant posts in Aided institutions and on the other hand issuing executive^{instructionscontraryto} the Statutory Rules and confining the permission to fill up the posts to the schools that are parties to Writ Petition No. 9503/2005 and batch; as being arbitrary, illegal, subversive of Rule of Law and consequently direct the

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Respondent 3 to forthwith process the proposals of the Management dated 28-08-2017 as per the procedure contemplated in Go Ms. No: 1 Dated: . 01.01.1994.

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LA. NO: 1 OF 2017(WPMP. NO: 3923fi OF 9ni7|

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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 3 to forthwith process the proposals of the Petitioner management dated 28-08-2017 for filling up of 9 vacant Aided posts in Petitioner School and accord permission in terms of the provisions under GO Ms. No. 1, Dated: 01.01.1994, j pending Writ Petition the interest of Justice.

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Counsel for the Petitioner: SRI CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER

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APHC010019052017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3504]

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(Special Original Jurisdictipn)

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FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION NO: 31510/2017

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Between;

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Hindu Aided Elementary School

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others Counsel for the Petitioner:

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...RESPONDENT(S)

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1.CH SAMSON BABU

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Counsel for the Respondent(S);

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GP FOR SCHOOL EDUCATION (AP)

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The Court made the following ORDER:

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The instant writ petition is being filed by the petitioner-Educa tion Institution, challenging the action of the respondents in not permitting^themto fill up the vacant posts in its School,

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Heard learned counsel representing Sri Ch. Samson Babu, learned and Sri Gurram Rama Chandra Rao, learned counsel for the petitioner Government Pleader for School Education, appearing for the respondents State.

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When the matter is taken up for hearing, it is brought^{tothenoticeof} learned counsels that similar issue had come up before this Court by both the

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this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the said writ petitions vide common order on 05.01.2023 with certain directions to the respondents and hence, they prayed for a similar order in this writ petition as well. However, learned Government Pleader for School Education requested to grant reasonable time for compliance of the directions to be issued by this Court in view of the ongoing summer holidays for Schools.

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Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 & Batch. Relevant portion of the said order is reproduced^asunder:

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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 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^surplusstaff are concerned, in view of the Judgments of Division^Benchof this Court 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 Others^.

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

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Further, both the learned counsels have brought to^{thenoticeofthis} Court that, as of now, no appeal has been filed challenging^theaforesaid common order dated 05.01.2023 in W.P.No.30927 of 2022^andbatch. When identical matter fell for consideration in W.P.No.4999 of 2024, this Court disposed of the said writ petition on 27.02.2024 by^{followingtheaforesaid} common order. In view of the series of orders on the^{samesubjectmatter,this} Court is of the considered opinion that the facts of^{thepresentcasearealso} squarely covered by the common order dated 05.01.2023 of this Court.

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Accordingly, this Writ Petition is disposed of in^terms of the above common order dated 05.01.2023 passed by this Court in W.P.No.30927 of alike, however, by extending the time for 2022 & Batch, for the reasons compliance, in view of the difficulty expressed by^{thelearnedGovernment} Pleader, with the following directions:-

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' 202 (1) ALD 96 MANU/AP/0045/2019

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The respondent-authorities are hereby directed to permit the petitioner-institution 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 institution has to make application to the Competent authorities for filling up the vacancies;

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On such application, 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.

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If surplus staff are not available, the Competent authority^shall inform the same and permit the petitioner-institution to fill up the vacancies in accordance with the above said Rule, preferably within a period of three (03) 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 of Andhra Pradesh and Others^ and Ester Axene Res. High School and Others .V State of Andhra Pradesh and Others'^.

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vi. The entire exercise shall be completed by the respondentauthorities within a period of four (04) months from the date of receipt of a copy of this order ”

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’202 (1) ALD 96 MANU/AP/0045/2019

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No costs. As a sequel, miscellaneous applications pending, if any, shall

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also stand closed.

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Sd/-SHAIK MOHD RAF! //TRUE COPY// ASSISTANT REGISTRAR