Petitioners sought a writ of mandamus directing the Government of Andhra Pradesh to implement recruitment orders under G.O.Ms.No.75 for aided school staff. The High Court disposed of the petition noting that most petitioners had already followed the orders.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAO
WRIT PETITION NO : 17929 of 2003
Between:
1 ICM School, West Godavari District,
rep. by its Correspondent & Administrator, Fr. N.John S.D.Raju, ICM Church Compound, Eluru-534 005. 2 RCM Schools, West Godavari and Konaseema Districts,
rep. by its Deputy General Manager, Fr. I.Michel, Thangellamudi, Eluru-534 005. 3 St.Theresa's Girls’ High School and Elementary Aided School,
rep. by its Correspondent, V.Anny Mary, Eluru-534 002. 4 St. Michel's High School, JMJ Nagar, Thangellamudi,
rep. by its Correspondent and Head Mistress, Showri Rani Pudota, Eluru-534 005. 5 I.C.M. Schools, Krishna District,
rep. by its Correspondent Sri G.Sundar Rao,
ICM Church Compound, Eluru-534 005. 6 Jyothi Aided Elementary School, Appanaveedu,
Pedapadu Mandal, West Godavari District,
rep. by its Correspondent Sister K.Alphonsa.
..... PETITIONERS
AND
1 The Government of Andhra Pradesh,
rep. by its Secretary, School Education (P.S.II) Department,
Secretariat, Hyderabad.
2 The Commissioner and Director of School Education,
Saifabad, Hyderabad.
3 The District Educational Officer, West Godavari District, Eluru.
4 The District Educational Officer, Krishna District, Machilipatnam.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus to implement G.O.Ms.No.75 dated
23-09-2002 of the 1st Respondent herein to recruitment of teaching and nonteaching staff in Educational Institutions so far as petitioners 1 to 6 are concerned.
Counsel for Petitioners: MR. N.J.VICTOR MOSES
Counsel for Respondents: GOVERNMENT PLEADER FOR SCHOOL EDUCATION
The Court made the following:
ORDER:
The petitioners, who are six in number, seek a direction to the first respondent to implement the orders of the Government in G.O.Ms.No.75, dated 23-9-2002. Be it noted in the said G.O., the Government issued directions with regard to filling up of vacant aided teaching and
non-teaching posts by the private Educational Institutions.
In the counter-affidavit filed by the District Educational Officer, West Godavari District, Eluru it is averred as follows:
“It is submitted that subsequent to the filling of the Writ Petition out of 6 Petitioners, 5 Petitioner schools have followed G.O.Ms.No.75 and G.O.Ms.No.8 to fill up the vacancies and the selections have been approved by the Regional Joint Director of School Education. All the petitioners, ICM Management filled up the vacancies in the respective schools duly following Rule 12 of G.O.Ms.No.1, Dated.1-1-1994 as per the guidelines contemplated under G.O.Ms.No.75 read with G.O.Ms.No.8.”
In view of the above, it is clear that the Government Orders have been duly implemented and therefore, nothing survives in the Writ Petition.
The Writ Petition is accordingly disposed of. No costs.
V.V.S. RAO, J
Dated: November 03, 2004.
Ak
SPECIAL OFFICER
// TRUE COPY //
SECTION OFFICER
To
1. The Secretary, School Education (P.S.II) Department, Government of Andhra Pradesh, Secretariat, Hyderabad.
2. The Commissioner and Director of School Education,
Saifabad, Hyderabad. 3. The District Educational Officer, West Godavari District, Eluru. 4. The District Educational Officer, Krishna District, Machilipatnam.
5. Two CCs to the Government Pleader for School Education,
High Court Buildings, Hyderabad (O.U.T).
6. Two CD copies.
1 issue framed by the court
Whether the petitioners are entitled to a direction to implement G.O.Ms.No.75 dated 23-09-2002 regarding recruitment.
2 provisions across 2 enactments
ICM School, West Godavari District and Others
The Government of Andhra Pradesh
V.V.S. Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
