The Management of Srkgv Aided High School, Vs The State of A.P

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

FRIDAY, THE SECOND DAY OF MAY

¶4

TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 33095 OF 2017

¶7

Between:

¶8

The Management of SRKGV Aided High School, Mahanandi, Kurnool District, rep by its Correspondent, PCV Krishna Mohan,^{S/o.PCVPrasad,} aged about 46 years, Mahanandi, Kurnool District.

¶9

...PETITIONER

¶10

AND

¶11

The State of A.P, Rep. by its Secretary for Education,^{Secretariatat} velagapudi, Amaravathi, Guntur District.

¶12

The Commissioner/Director of School Education, Govt of A.P, Ibrahimpatnam, Krishna District.

¶13

The Regional Joint Director, Kadapah District.

¶14

The District Educational Officer, Kurnool District.

¶15

...RESPONDENTS

¶16

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 declare the action of the respondents as illegal, irregular, in violation of Art.45 and against the provisions of Right^{ofChildrentoFree} and Compulsory Education Act, 2009 in not permitting the Management to fill up one School Assistant (English) i.e. Head Master post fell vacant on 31-8-2008, 2 School Assts posts i.e., one Telugu and^Hindi fell vacant one on 30-6-2010 and another on 31-12-2013 by issuing a^{WritofMandamus} or any other appropriate writ or direction, consequently direct the respondents to fill up the above said 3 vacancies.

¶17

i.A. NO: 1 OF 2017(WPMP. NO: 41171 OF 2017)

¶18

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 to permit the management^tofill up one School Assistant i.e, Head Master Post vacancy, one school Asst Telugu and School Asst in Hindi Forthwith to accommodate the children in the interest of justice.

¶19

Counsel for the Petitioner: M/s. K N VIJAYA LAXMI Counsel for the Respondent Nos.1 to 4: GP FOR EDUCATION The Court made the following: ORDER

¶20

r

¶21

APHC010029562017

¶22

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶23

[3504]

¶24

(Special Original Jurisdiction)

¶25

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

¶26

PRESENT

¶27

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶28

WRIT PETITION NO: 33095/2017

¶29

Between:

¶30

The Management Of Srkgv Aided High School ...PETITIONER

¶31

AND

¶32

The State Of A P and Others ...RESPONDENT(S)

¶33

Counsel for the Petitioner:

¶34

1.KN VIJAYALAXMI

¶35

Counsel for the Respondent{S): 1.GP FOR EDUCATION (AP)

¶36

The Court made the following ORDER:

¶37

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

¶38

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

¶39

When the matter is taken up for hearing, it is brought^{tothenoticeof} this Court by both the learned counsels that similar issue had come up before this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the

¶40

2

¶41

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

¶42

above stand taken by the Government, all the Writ

¶43

Petitions are disposed of with the following directions:

¶44

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;

¶45

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

¶46

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;

¶47

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;

¶48

V) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff

¶49

3

¶50

0i

¶51

are concerned, in view of the Judgments of Division^Benchof 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^.

¶52

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 ”

¶53

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 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^ofthisCourt.

¶54

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^{thelearnedGovernment} Pleader, with the following directions:-

¶55

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

¶56

'202(1)ALD 96 2 MANU/AP/0045/2019

¶57

4

¶58

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;

¶59

In future also, whenever vacancies arise, the institution has to make application to the Competent authorities for filling up the vacancies;

¶60

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;

¶61

IV.

¶62

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, preferablywithin a period of three (03) months;

¶63

V.

¶64

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^.

¶65

VI.

¶66

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 ”

¶67

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

5

/ /

No costs. As

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

¶72

.RAFl sd/- shaikmohd AR assistaniiREG^P^