Sree Srinivasa Aided High School, Nehrunagar, Vs The State of Andhra Pradesh

The Commissioner and Director of School Education, State of Andhra Pradesh, Anjaneya Towers, Ibrahimpatnam Village & Mandal, Vijayawada Rural, Krishna District.

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The Regional Joint Director of School, Education Guntur region, Guntur

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The District Educational Officer, Prakasam, Prakasam District.

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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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation dt. 22.2.3.2017 of the petitioner school for grant of permission to fill up the three aided teacher posts which was fallen vacant due to retirement of Sri G.V.Krishna Murthy Aided School Assistant 30.6.2003, Sri M.Satyamaiah Aided Teiugu Pandit Grade-ll on 31.10.2009

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Tf

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and Sri A.Tholisaiah Aided Hindi Pandit Grade-li on 31.05.2012 on par with the similarly situated schools vide. Govt. Memo No. 18836/ PS/A2/2010-34 ■' ^‘r^O-OS ^OIT as iilegal, arbitrary, and vioiative of Articles 14, 16, 19 (1) (g), 2t-A, 30 and 45 of the Constitution of India and Consequently direct the respondents to accord permission to the petitioner school to fiil up the three aided posts in petitioner schooi in accordance with the Ruie 12 and 13 of the 1993 Ruies issued in G.O.Ms.No.1 Edn department dt.01 .01.1994.

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LA. NO: 1 OF 2017(WPMP. NO: 41139 OF 2017)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the respondents to consider the representation of the petitioner dt. 22.02.2017, for grant of permission to fill up three aided posts i.e., Schooi Assistant, Telugu Pandit Grade-ll and Hindi Pandit Grade-ll on 31.05.2012, in petitioner schooi, pending disposal of the writ petition, in the interest of justice.

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lA NO: 1 OF 201«

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Between:

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The State of Andhra Pradesh, r: . ^ '■®P- by the Principal Secretary School Gu^r D:Ltricr^""^"‘'

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The Commissioner and Director of School Education, State of Andhra

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Pradesh, Anjaneya Towers, I Ibrahimpatnam Village & Mandal

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Vijayawada Rural, Krishna District.

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The Regional Joint Director of School Education Guntur region, Guntur

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The District Educational Officer, Prakasam Prakasam District.

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...PETITIONERS/RESPONDENTS

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AND

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%

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' Sree Srinivasa Aided High School, Nehrunagar, Cumbum,^{PrakasamDistrict,} represented by its Correspondent Smt. Ch.Lakshmi Devi^Petitioner

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...RESPONDENT/PETITIONER

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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 vacate the interim orders passed In W.P.M.P.No.^41139of2017 in W.P.No. 33063 of 2017 dated 04.10.2017.

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Counsel for the Petitioner: SRI GANGISETTY RAJESWARA^RAO Counsel for the Respondents: GP FOR EDUCATION

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The Court made the following: ORDER

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APHC010004282017

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[3504]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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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 WRIT PETITION NO: 33063/2017

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Between:

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Sree Srinivasa Aided High School, Nehrunagar, AND

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...PETITIONER

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...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:

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1.GANGISETTY RAJESWARA RAO Counsel for the Respondent(S):

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1.GP FOR EDUCATION (AP)

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The Court made the following ORDERj

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The instant writ petition is being filed by the petitioner-Education Institution, challenging the action of the respondents in not permitting them to fill up the vacant posts in its School.

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Heard learned counsel for the petitioner and Sri Gurram^RamaChandra Pleader for School Education, appearing for the Rao, learned Government 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 this Court in W.P.No.30927 of 2022 and Batch, and this^{Courtdisposedofthe}

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said writ petitions vide common order on 05.01.2023^{withcertaindirectionsto} the respondents and hence, they prayed for a similar^{orderinthiswritpetition} as well. However, learned Government Pleader for School Education requested to grant reasonable time for compliance of^{thedirections} 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^interms 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 institutbns^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

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/

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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 three (03) months from the date of receipt of a copy of this order,

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Further, both the learned counsels have brought to the notice of this Court that, as of now, no appeal has been filed challenging the aforesaid common order dated 05.01.2023 in W.P.No.30927 of 2022.and batch. 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 following the aforesaid common order. In view of the series of orders on the same subject matter, this Court is of the considered opinion that the facts of the present case are also 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 2022 & Batch, for the reasons alike, however, by extending the time for compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions;-

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I. The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided vacancies

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

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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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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^informthe 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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V.

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VI.

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

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The entire exercise shall be completed by the respondentauthorities within a period of four (04) months from^thedateof 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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//TRUE COPY//

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Sd/-SHAIK MOHD. RAFI i ASSISTANT REGISTRAR '