The Management of Rcm Aided Primary School Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY. THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5942 OF 2025

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Between:

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The Management of ROM Aided Primary School, Polur(P), NandyalaMandal, Kurnool District Rep. by its Correspondent Smt.Y.Vijaya Mary, D/o. Marri Reddy, Aged about years, R/o.RCM Aided Primary School, Polur(P), Nandyala Mandal, Nandyal District. ...PETITIONER AND

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The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi,^Guntur District,

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The Commissioner of School Education, Ibrahimpatnam. Vijayawada Krishna District.

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The District Educational Officer, Nandyal District.

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...RESPONDENTS 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 particularly Respondent No. 3 DEO, Nandyal in not granting permission taking the present strength i.e.,78 to fill up one SGT aided vacancy fell vacant on 03-9-2024 on the retirement of one SGT aided Smt.S.Nirmala by setting aside the rejection order passed by the DEO, Vide R.C No 031-1/B5/2024 dt 24-01-2024 Respondent No 3 is in violation of Art.45,14 of Constitution of India by issuing a Writ of Mandamus or appropriate Writ or direction deems fit and proper.

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f

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lA 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 to direct the respondents particularly Respondent No. 3, DEO Nandyal District to grant permission to fill up one SGT aided vacancy fell vacant on 03-9-2024 on the retirement of one SGT aided Smt. S.Nirmala by suspending the rejection order Vide R.C No 031-1/B5/2024 dated 24-01- 2024 passed by the DEO, R3.

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Counsel for the Petitioner: M/s. K. N. VIJAYA LAXMI Counsel for the Respondent Nos.1 to 3: SRI GURRAM RAMACHANDRA

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RAO, GP FOR SCHOOL EDUCATION The Court made the following: ORDER

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[3328]

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APHC010114672025

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

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WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION NO: 5942/2025

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Between:

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1.THE MANAGEMENT OF RCM AIDED PRIMARY SCHOOL, POLUR(P), NANDYALAMANDAL, KURNOOL DISTRICT REP.BY.ITS CORRESPONDENT SMT.Y.VIJAYA MARY D/0. MARRIREDDY, AGED ABOUT YEARS, R/O.RCM AIDED PRIMARY SCHOOL, POLUR(P), NANDYALAMANDAL, NANDYAL DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION, DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT,

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2.THE COMMISSIONER OF SCHOOL EDUCATION, IBRAHIMPATNAM VIJAYAWADA, KRISHNA DISTRICT.

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3.THE DISTRICT EDUCATUIONAL OFFICER, NANDYAL DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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K N VIJAYA LAXMI

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION

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2 > $

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The Court made the following ORAL ORDER:

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Heard Ms. K.N. Vijaya Laxmi, learned Counsel for the Writ Petitioner and Sri Gurram Ramachandra Rao, learned Government Pleader for Education.

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The prayer sought in the present Writ Petition is as under:

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Tor all the facts and circumstances stated above, I pray that this Hon’ble Court may be pleased to declare the action of the respondents particularly Respondent No 3-DEO, Nandyal in not granting permission taking the present strength i.e.,78 to fill up one SGT aided vacancy^fellvacant on 03.9.2024 on the retirement of one SGT aided Smt.S. Nirmala by setting aside the rejection order passed by the DEO, Vide R.C.No.031-1/B 5/2024 dt.24.01.2024 Respondent No 3 is in violation of Art.45,14 of Constitution of India by issuing a Writ of Mandamus or appropriate Writ or direction deems fit and proper in the interest of justice”.

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Sri Gurram Ramachandra Rao, learned Government Pleader for Education has submitted the Written Instruction submitted by the District Educational Officer, Nandyal dated 11.03.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record.

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Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Proceedings of the District Educational Officer, Nandyal (Ex.P.1). It is the submission of the learned Counsel for the Writ Petitioner that the present strength of the Writ Petitioner school is about 78 and that they already have two S.G.Ts (Secondary Grade Teachers). As per the ratio or stipulation mentioned in the schedule under Sections 19 & 25 of the Right of Children to Free and Compulsory Education Act, 2009, one more teacher is to be appointed in the school of Writ Petitioner.

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Learned Government Pleader for Education has drawn the attention of this Court to the Common Order of the learned Single Judge in W.P.No.30927 of 2022 and batch dated 05.01.2023 and has also drawn the attention of this Court to the schedule which is already extracted in the said Common Order of the learned Single Judge in W.P.No.30927 of 2022 & batch. As per the said schedule, in any school with a strength of 61 to 90

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3

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Since the Writ Petitioner school has students, there shall be three teachers, already had two Secondary Grade Teachers, there is a requirement of appointing one more Secondary Grade Teacher.

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Having regard to these facts, this Court deems it^{appropriatetoallow} this Writ Petition at the admission stage, without^{goingintomerits,withthe} following directions:

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i. the Respondent Authorities, particularly, the Commissioner of School Education, Ibrahimpatnam (Respondent No.2) shall consider the Representation submitted by the Writ Petitioner dated 21.11.2024 (Ex.P.2) and issue fresh Proceedings^bytaking into consideration the Representation of the Writ Petitioner^dated 21.11.2024 (Ex.P.2):

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ii. all other administrative procedures shall be completed within three weeks. Thereafter, the Writ Petitioner school^{shallcomplete} of Notification within three weeks and proceed

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the process accordingly:

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iii. writ Petitioner is directed to submit a copy of^{thisOrderalongwith} photocopy of the Representation dated 21.11.2024 (Ex.P.2) to the Respondent No.2 within one week from today for^effective compliance.

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