The Court closed a contempt case filed for non-implementation of earlier orders regarding the constitution of a selection committee for school staff posts. The Court accepted that steps were being taken to fill posts.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THURSDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND ELEVEN
PRESENT
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH
C.C. No.869 of 2005
Between:
The Managing Committee, SNSBVS Gupta High School, Sattenapalli, Represented by its President Sri V.V.V.Lakshminarayana
… Petitioner
and
Sri K.Ramakrishna Rao, Commissioner & Director of School Education, Govt. of A.P. Hyderabad and others.
… Respondents.
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH
C.C. No.869 of 2005
ORDER:
This contempt case has been filed seeking to punish the respondents for non-implementation of the orders passed by this Court on 17.02.2005 in W.P. No.10935 of 2004.
The petitioner is the Managing Committee, SNSBVSGH School, filed W.P. No.10935 of 2004 seeking to declare the action of the 1st respondent in keeping the proceedings of the 3rd respondent L.Dis.No.4501/B/2003, dated 11.12.2003 in abeyance vide Telegram dated 10.06.2004 and the consequential proceedings of the 2nd respondent in Rc.No.7945/B1/2003, dated 15.06.2004, as illegal and arbitrary.
This Court by order dated 17.02.2005 disposed of the said writ petition with a direction to the 3rd respondent to constitute the Selection Committee as per Rule 13 of the Rules with the exception that in place of Sri V.N.Praveen Kumar, the present Secretary/Correspondent of the School, being run by the petitioner, (who should not sit in the selection), he should nominate one member from the Managing Committee of the petitioner school and complete the process of selection of the staff, as per the notification issued earlier, within a period of six weeks, from the date of receipt of the order.
Complaining that though a copy of the said order was served on
the respondents in the month of February, 2005,
the respondents did not choose to comply with the same. Hence, the present contempt case has been filed.
On behalf of the respondents, counter affidavit has been filed stating that as per the orders of this Court, some of the teaching staff, who found surplus in other aided institutions in the district, after taking up of rationalization, were allotted against the vacant posts and since the surplus man power is not available, it could not be possible to fill up the remaining posts. However, action is being taken to obtain further instructions from the higher authorities in filling up of the remaining posts.
Further, in the additional counter affidavit, it is stated that after rationalization, six posts were filled up in the petitioner’s School and eight more posts are yet to be filled up. It is also submitted that the Director of School Education vide letter dated 27.12.2005 has requested the Government to fill up the balance posts and the same is expected shortly.
In that view of the matter, it cannot be said that there is any willful disobedience of the orders passed by this Court and therefore, this contempt case is liable to be closed.
Accordingly, this Contempt Case is closed. There shall be no order as to costs.
__________________________ JUSTICE G.CHANDRAIAH
Date: 14.07.2011 LSK
The Managing Committee, SNSBVS Gupta High School
Sri K. Ramakrishna Rao
G. CHANDRAIAH
As recorded by the court registry
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