F/- APHC010119452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY.THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE \ . PRESENT V--' THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 6386 OF 2025 Between: Prakasam Aided Upper Primary School,, Indiranagar, Addakani, Prakasam District, Rep by Its Correspondent T. Prakasam, S/o Rama Koteswararao Aged about 59 years, R/o H. No, 23-20, Indira Nagar, Addanki Prakasam District ^ ...PETITIONER 1. AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner of School Education, Venkatadri Towers, Beside Happy Resorts, Atmakuru Village, Mangalagiri Mandal, Guntur District Andhra Pradesh 3. The Regional Joint Director of School Education, Collecterate compound, Guntur, Guntur District 4. The District Educational Officer, Prakasam District, Ongole. 5. The District Educational Officer, Bapatla, Bapatia District 6. The Mandal Educational Officer, Addanki Mandal, Bapatla District ...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 issue a writ or direction, more particularly one in the nature of Writ i. declaring the action of the 4th respondent in issuing proceedings vide Rc.No.4328/C2/2023 dated 12.11.2024 allotting a surplus teacher to the petitioner school ii. contrary to the proceedings issued by the 1®‘ respondent vide Memo No. ESE01/904/2-2024-PS dated 19.11.2024 and consequential respondent Memo No. ESE02-17/90/2021- PSI-CSE-Part (1) dated 21.Vi .2024 and proceedings of the 4*'^ respondent issued vide Rc.No.4328/C2/2023 02.12.2024 granting permission to fill up the vacant aided SGT post in the petitioner school as bad, illegal, arbitrary and violative of articles 14, 21 and 21-A of Constitution of India iii. and consequently set aside the impugned proceedings in Rc.No.4328/C2/2023 dated 12.11.2024 and direct the respondents to permit the petitioner school to fill up the vacant aided secondary grade teacher post. -/ of Mandamus lA NO: 1 OF 2025 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 petitioner school to fill up the vacant aided SGT post by giving logical end to the proceedings issued by the 1 respondent vide Memo No. ESE01/904/2-2024-PS dated 19.11.2024 and consequential 2"^^ respondent Memo No. ESE02-17/90/2021-PSI-CSE- Part (1) dated 21.11.2024 and proceedings of the 4'*^ respondent issued vide Rc.No.4328/C2/2023 02.12.2024./ st Counsel for the Petitioner: SRI D. V. SASIDHAR Counsel for the Respondent Nos.1 to 6: GP FOR SCHOOL EDUCATION The Court made the following order: APHC01 oil 9452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 6386/2025 Between: 1.PRAKASAM AIDED UPPER PRIMARY SCHOOL, INDIRANAGAR, ADDAKANI, PRAKASAM DISTRICT, REP BY ITS CORRESPONDENT T. PRAKASAM, S/0 RAMA KOTESWARARAO AGED ABOUT 59 YEARS, R/0 H. NO, 23-20, INDIRA NAGAR, ADDANKI PRAKASAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF SCHOOL EDUCATION, VENKATADRI TOWERS. BESIDE HAPPY RESORTS. ATMAKURU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT ANDHRA PRADESH 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, COLLECTERATE COMPOUND, GUNTUR, GUNTUR DISTRICT 4.THE DISTRICT EDUCATIONAL OFFICER, PRAKASAM DISTRICT,ONGOLE. 5.THE DISTRICT EDUCATIONAL OFFICER, BAPATIA, BAPATLA DISTRICT 6.THE MANDAL EDUCATIONAL OFFICER, ADDANKI MANDAL, BAPATLA DISTRICT SCHOOL EDUCATION SECRETARIAT BUILDINGS, ...RESPONDENT(S): 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 or direction, more SRK,J W.P.No.6386 of 2025 2 particularly one in the nature of Writ of Mandamus i. declaring the action of the 4th respondent in issuing proceedings vide Rc.No.4328/C2/2023 dated 12.11.2024 allotting a surplus teacher to the petitioner school ii. contrary to the proceedings issued by the 1st respondent vide Memo No. ESE01/904/2-2024-PS dated 19.11.2024 and consequential 2nd respondent Memo No. ESE02- 17/90/2021- PSI-CSE-Part (1) dated 21.11.2024 and proceedings of the 4th respondent issued vide Rc.No.4328/C2/2023 02.12.2024 granting permission to fill up the vacant aided SGT post in the petitioner school as bad, illegal, arbitrary and violative of articles 14, 21 and 21-A of Constitution of India iii. and consequently set aside the impugned proceedings in Rc.No.4328/C2/2023 dated 12.11.2024 and direct the respondents to permit the petitioner school to fill up the vacant aided secondary grade teacher post iv.and pass lA NO: 1 OF 2025 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 petitioner school to fill up the vacant aided SGT post by giving logical end to the proceedings issued by the 1®'^ respondent vide Memo No. ESE01/904/2-2024-PS dated 19.11.2024 consequential 2''^''^ respondent Memo No. ESE02-17/90/2021-PSI- CSE-Part (1) dated 21.11.2024 and proceedings of the 4 respondent issued vide Rc.No.4328/C2/2023 02.12.2024 and pass lA NO: 2 OF 2025 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 grant leave to the petitioner for filing the present counter affidavit and pass Counsel for the Petitioner: 1.D VSASIDHAR Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION The Court made the following: and “A SRK,J W.P.N0 6386 of 2025 3 ORDER This Writ Petition is filed seeking the following reliefs: declaring the action of 4m respondent in issuing proceedings vide Rc.No.4328/C2/2023, dated 12.11.2024 allotting a surplus teacher to the petitioner-school; contrary to the proceedings issued by 1 respondent vide Memo No.ESE01/904/2-2024-PS, dated 19.11.2024 and consequential 2"^ respondent Memo No. ESE02-17/90/2021-PSI-CSE-Paii (1), dated 21.11.2024 and proceedings of 4‘^ respondent issued vide Rc.No.4328/C2/2023, dated 02.12.2024 granting permission to fill up the vacant aided SGT Post in the petitioner-school, as bad, illegal, arbitrary and violative of Articles 14, 21 & 21-A of the Constitution of India; consequently, set-aside the impugned proceedings in Rc.No.4328/C2/2023, dated 12.11.2024 and direct the respondents to permit the petitioner-school to fill up the vacant aided Secondary Grade Teacher post; and pass such other order or orders, as it deem fit and proper, in the circumstances of the case. ” I. si II. III. IV. Contents of the affidavit filed by the Correspondent of petitioner-school in support of the Writ Petition, in brief, are that, the petitioner-school got temporary recognition; that the respondents sanctioned five grant-in-aid Secondary Grade Teacher posts and at present, four grant-in-aid Secondary Grade Teachers are working in the petitioner-school; that for the Academic Year 2023-24, the petitioner-school got strength of 151 students, for which, five Secondary Grade Teachers are necessary. 2. SRK,J W P. No. 6386 of 2025 4 Initially, in view of ban imposed by respondent vide (b) Memo NO.12080/COSE/A2/2004-4, dated 20.10.2004, the vacant posts could not be filled; that the said ban orders were challenged by number of School Managements, for filling up the aided vacancies in their schools by way of Writ Petition No.9503 of 2005 and batch; that this Court vide Common Order, dated 30.07.2013 allowed the said Writ Petition and batch, setting-aside the ban order, dated 20.10.2004. Aggrieved by the Order, dated 30.07.2013, the Government filed Writ Appeal No.70 of 2014 and batch; that the Division Bench of this Court by way of an interim order, permitted to fill up the posts; that challenging the said interim order passed by the Division Bench of this Court, the Government approached the Hon’ble Supreme Court by filing S.L.P(C) No.8547 of 2014 and other SLPs, but the said SLPs were dismissed by the Hon’ble Supreme Court on 04.09.2015. St (C) Thereafter, 1 respondent issued G.O.Ms.No.40 School Education (PS) Department, dated 30.06.2017 withdrawing the Ban Memo, dated 20.10.2004 completely with immediate effect; that after issuance of G.O.Ms.No.40, 2^^ respondent issued Memo N0.18836/PS/A2/ 2010-34, dated 30.06.2017 and Memo in Rc.No.90/PS-1/2010-3, dated 20.07.2017 requesting all the Regional Joint Directors of School Education and the District SRK, J W P No 6386 of 2025 5 Educational Officers in the State, to accord permission to fill up the posts on permanent basis; .that thereafter, again the above orders were kept under abeyance vide Rc.No.90/PS-l/2010, dated 12.09.2017. While the matter stood thus, the petitioner-school filed Writ Petition No.23756 of 2017 seeking permission to fill up the vacant aided posts and this Court vide Order, dated 19.07.2017 disposed of, the said Writ Petition, directing the respondents therein to consider the representation, dated 25.03.2017 submitted by the petitioner-school, to fill up the vacant posts, but, thereafter the said representation was rejected on 30.10.2017 on flimsy nd grounds and in view of ban orders again imposed by 2 respondent in Rc.No.90/PS-l/2010, dated 12.09.2017; that the said St ban orders are lifted by 1 respondent vide Memo NO.756924/PS/A2/2017, dated 07.02.2018 and the Private Aided School Association and other schools challenged the abeyance order vide Rc.No.90/PS-l/2010, dated 12.09.2017 in Writ Petition No. 1041 of 2018 and this Court vide Order, dated 29.02.2020 in I.A.No.1 of 2018 granted interim Order, directing the respondents therein to commence the process of filling the aided vacant posts. (d) Thereafter, basing on the Representation, dated 25.03.2017, permission was sought for filling up of grant-in-aid Secondary Grade Teacher posts, but the respondent No.4, without SRK, J W P. No. 6386 of 2035 6 perusing the previous cases, rejected the representation of petitioner-school vide Proceedings in Rc.No.3444/C3/2017, dated 09.07.2020. Aggrieved by the said proceedings, petitioner-school and this Court vide Order, , dated 09.07.2020, as respondents to permit the up the aided posts; that filed Writ Petition No. 13356 of 2020 dated 09.03.2021 declared the Proceedings illegal and arbitrary and directed the petitioner-school to grant permission to fill thereafter. the petitioner-school made representation on 06.01.2024 requesting the authority to grant the vacant aided posts along with 31.03.2024 because of retirement. Writ Petition No. 13356 of 2020 permission for filling up a post, which will be due on As the orders of this Court iin are not complied with, by the respondents, the petitioner-school initiated Contempt wtfe C,C.No.5165 of 2023 in Writ Petition No.13356 of 2020. Court vide Order, dated 19.02.2024, proceedings This closed the C.C.No.5165 of 2023 on the ground that respondents accorded permission to the petitioner-school on 28.12.2023 for filling up the vacant grant-in-aid posts. Subsequent thereto, the petitioner-school made a detailed representation vide Rc.No.2/2024, dated 10.06.2024 authority to sanction one Secondary Grade Teacher post but, since there requesting the grant-in-aid was inaction on the part of the respondent Writ Petition No. 14778 of authorities, the petitioner-school filed SRK, J W.P No 6386 of 2025 7 2024 and this Court vide Order, dated 22.07.2024 disposed of, the Writ Petition, directing the respondent authorities to consider said the representation of the petitioner-school, dated 10.06.2024. The petitioner-school submitted representation to 4 respondent on 01.08.2024 and pursuant to the said representation . th (e) 4'*^ respondent forwarded a report to the Commissioner of School Proceedings in Pradesh vide Andhra Education, Lr.Rc.No.4328/C2/2023, dated 07.10.2024, wherein, it was stated K.Venkateswarlu, Secondary Grade Teacher was the only that one Adi Andhra Aided Elementary School, and the Correspondent was unavailable from working Teacher in Velamuripadu 01.12.2022 and a missing case was filed by his spouse in Ongole I Thereafter, the Mandal Education Officer, Town Police Station. said K.Venkateswarlu from Adi Andhra Aided Addanki relived Primary School on 16.11.2024 without jurisdiction, though the issue for consideration before the Government. Thereafter, was pending the petitioner-school made a representation on 15.11.2024 to the District Educational Officer requesting him to permit them to go for direct recruitment. On 19.11.2024, the Government of Andhra Pradesh School Education Department accorded permission to the the vacant aided post vide Memo petitioner-school to fill up No.ESEOI/904/2024-PS and thereafter, the Government also X SRK, J W.P_No.63B6 of 2025 8 issued a memo on 21.11,2024, directing the District Educational Officer, Prakasam to take action as per the Memo, dated 19.11.2024 and also to file compliance affidavit before this Court in the Contempt Case proceedings; that suppressing the above material facts, 4'^ respondent filed counter-affidavit on 10.12.2024 stating that 4“" respondent had complied the orders of this Court, by taking shelter under the Proceedings, dated 12.11.2024 without complying the order of the Government as per Memo, dated 19.11.2024 and get the Contempt Case closed. On 02.12.2024, 4*^ respondent issued Proceedings according permission and requested the petitioner to submit vide Rc.No.4328/C2/2023 necessary proposals for filling up of vacant aided teaching post and further on 09.12.2024, 4*^ respondent issued proceedings calling for Visit Report regarding the petitioner-school as per G.O.Ms.No.1, dated 01.01.1994 from Deputy Educational Officer, Ongole and thereafter, he submitted the report on 19.12.2024. Respondent No.4, on one hand, states that the orders are complied for evading the contempt proceedings and on the other hand, iissues proceedings, according permission to other school for filing vacant aided teacher post. However, as the petitioner-school representation not considered, they filed Contempt Case No.3617 of 2024 and 4'^^ up (f) was SRK, J W.P.No.6386 of 2025 9 >v and without ascertaining the respondent, in a mechanical manner factual matrix of the issue, issued impugned Proceedings vide adjusting one 12.11.2024 dated Rc.No.4328/C2/2023, K.Venkateswarlu, who was having only three months of tenure, from surplus teachers and in view of the said proceedings, the Contempt Case was closed on 20.02.2025. The petitioner-school requested the respondents to accord permission for going ahead of direct recruitment to the post of vacant aided with the process Secondary Grade Teacher post in the school, but it was denied as respondent vide Rc.No.4328/C2/2023, the ground of sustenance of proceedings Rc.No.4328/C2/2023, dated th per the proceedings of 4 dated 02.12.2024 on issued by 4 12.11.2024, wherein one surplus teachers; that Rc.No.4328/C2/2023, dated 02.12.2024 superseded by earlier th respondent vide K.Venkateswarlu was adjusted from the proceedings of 4*'' respondent vide such, the act of respondent proceedings, dated 12.11.2024, as authorities in not permitting the petitioner-school to fill up the vacant aided Secondary Grade Teacher post as per the Proceedings, dated 02.12.2024 is illegal and arbitrary and further, 24 schools vacant Secondary Grade granted permission to fill up Teacher posts and the petitioner-school is 25'^ school. Hence, the were Writ Petition. SRK, J W P. No. 6386 of 2025 10 .«e 1 3. Respondent No.4 filed counter-affidavit, denying the contents of the Writ Petition, inter alia it is contended that the Writ Petition is not maintainable as the petitioner failed to know the fact that the impugned Proceedings, dated 12. 11.2024 were issued by 4"' respondent is in tune with the guideiines issued by this Court in Writ Petition No.30927 of 2022 and batch, dated 05.01.2023; that as per the Rules, as and when aided vacancies arose in a particular school, it is the duty of the Management to bring same to the notice of the competent authority and governing, their appointment, procedure regulations, envisaged in G.O.Ms.No.1, Education (P.S.2) dated the as per the rules control are 01.01.1994 and in respect of unaided teachers, it is for the Management to appoint them; that the petitioner-school Management had not necessary information to the competent authority seeking permission to fill up the aided submitted any proposals along with vacancies. (b) It is conceded that the Government of Andhra issued Memo, dated 20.10.2004 i " of the aided vacancies and challenging Writ Petitioners Pradesh imposing general ban for filling up the said memo, number of were filed before this Court and finally, it was carried to the Hon’ble Supreme Court in the earlier round of litigation; that the Hon’ble Supreme Court upheld the decision of SRK, J W.P.No.6386 of 2025 '■V 11 the Government in imposing ban in the earlier round of litigation, and consequently held that ban orders can be imposed with prospective effect; that the decision of the Government in imposing ban is in order to curtail the misuse of public funds by the private aided schools in the matter of appointments and also managing the institutions with the grant-in-aid scheme; that recently the Government vide G.O.Ms.No.40, Education (SE-PS.1) Department, dated 18.06.2013 permitted the managements for rationalization of aided teachers and also permitted for effecting promotions depending upon the cadre strength and strength of the school. As per Section 46 (3) of the Andhra Pradesh Education Act, 1982 (Act No.1 of 1982) (hereinafter referred to, as ‘the Act, 1982’), it is the duty of the petitioner to observe all the conditions as stated under Section 46 (2) of the Act, 1982 and in case of violation of any of the conditions, the Government may take severe steps to impose ban on the recruitment so as to not to enter the ineligible candidates by backdoor method; that the respondents appointed one surplus teacher, who has no work, from other school to the petitioner-school, so as to utilize the human resources, instead of paying the amount/salaries to the teacher by keeping them idle and the said action is in tune with the guidelines issued, particularly. Rule 12 (3A) of the statutory guidelines issued (c) more SRK, J M/.P. Wo. 6386 of 2025 12 under G.O.Ms.No.1, Education (P.S.2) dated 01.01.1994. On the earlier occasion, the petitioner approached this Court seeking a direction against the respondents for grant of permission to fill two vacant grant-in-aid posts and this Court vide Order, dated 22.07.2024 in Writ Petition No. 14778 of 2024, directed the respondents to consider the case of the petitioner and keeping in view the Rules in force, and the guidelines of this Court, the respondents adjusted the surplus teacher in petitioner-school; that up the issue involved in the present petition had came up before this Court for consideration in batch matters and this Court, vide Order, dated. 05.01.2023 in Writ Petition No.30927 of 2022 and batch, framed certain guidelines for grant of permission to fill up the vacant grant-in-aid posts and if there are no surplus teachers in a particular district, the respondents are obligated to grant permission to fill up the vacant grant-in-aid posts. Hence, it is prayed to dismiss the Writ Petition. 4. The petitioner filed reply-affidavit to the counter affidavit filed by 4*^ respondent stating that on 19.11.2024 the Government of Andhra Pradesh School Education Department accorded permission to them to fill up the vacant aided post through direct recruitment on 21.11.2024 and thereafter, 4*'^ respondent issued proceedings, according on 02.12.2024, SRK, J W.P.No.6386 of 2025 13 permission to the petitioner-school and instructed them to submit necessary proposals for filling up of vacant aided teaching post and accordingly, the petitioner-school submitted necessary proposal through proper channel and the Deputy Educational Officer, Ongole submitted the report on 19.12.2024 stating that there was a need of filling up of one Secondary Grade Teacher post in the petitioner- school; that when once the petitioner-school was accorded permission to fill up the vacant post, they are stopped from contending that they need not act upon the same, since 4^*^ respondent issued Proceedings, dated 02.12.2024 according permission to the petitioner-school for filling up the vacant aided post by superseding his earlier Proceedings, dated 12.11.2024; that now the surplus teacher, who was adjusted in the petitioner- school, got retired on 30.06.2025 and there is dire need of one Secondary Grade Teacher post in the petitioner-school to be filled by direct recruitment; that on 22.06.2023, the Government issued G.O.Ms.No.59, SE (PS) Department, dated 22.06.2023 prescribing certain guidelines for rationalization of services of aided staff i.e. adjustment of surplus teachers in aided schools and the said G.O., was challenged by several schools including the petitioner-schoo l and this Court, after hearing, vide Order, dated 03.08.2023 in Writ Petition No. 16956 of 2023 and batch, suspended the operation of r SRK, J W.P.No.6386 of 2025 14 the said G.O., and the said cases are pending as on this date and as such, rationalization cannot be done and only appointment is to be done by direct recruitment per Rule 12 of G.O.Ms.No.1, Hence, it is prayed to permit up the vacant aided Secondary Grade Teacher post as per the proceedings, dated 02.12.2024. as Education (P.S.2), dated 01.01.1994 the petitioner-school to fill 5. Heard the learned counsel for the and learned Government Pleader for School the record. petitioner-school Education. Perused 6. It is an undisputed fact that when ban was imposed by 1 respondent vide Memo No.12080/COSE/A2/2004-4, dated 20.10.2004 in respect of filling up of vacant aided posts, number of school managements challenged the said ban No.9503 of 2005 and batch and the erstwhile by filing Writ Petition High Court of Andhra Pradesh vide Order, dated 30.07.2013 order, and when the Government set-aside the said ban preferred Writ Appeal vide W.A.No.70 of 2014 and batch, a Division Bench of the erstwhile High Court of Andhra Pradesh an interim measure, permitted , as the school managements to fill Government, aggrieved by such interim S.L.P.(C) No.8547 of 2014 and batch, vide Order, dated 04.09.2015, dismissed up the posts. Further, the measure, preferred and the Hon’ble Apex Court, the said SLP and batch. SRK, J W.P. Wo. 6386 of 2025 15 upholding the interim Order passed by the Division Bench of the erstwhile High Court of Andhra Pradesh. Consequently, 1®* respondent herein issued G.O.Ms.No.40 School Education (PS) Department, dated 30.06.2017, withdrawing the ban memo, dated 20.10.2004 and pursuant to issuance of said GO, 2"^ respondent NO.18836/PS/A2/2010-34, dated 30.06.2017 and Memo in Rc.No.90/PS-1/2010-3, dated 20.07.2017, requesting all Regional Joint Directors of School Education and District Educational Officers in the State to accord permission to fill up the posts on permanent basis. However, the above said orders were kept under abeyance vide Rc.No.90/PS-l/2010, dated 12.09.2017. The issue in the present petition on hand arose, when the petitioner-school made a representation, dated 25.03.2017 to the respondents in Writ Petition No.23756 of 2017 on the file of the High Court of Judicature at Hyderabad, seeking permission to fill up aided Secondary Grade Teacher posts on par with the Memo issued Memo the 7. three similarly NO.18836/PS/A2/2010-34, dated 30.06.2017 and the High Court of Judicature at Hyderabad vide Order, dated 19.07.2017 disposed of, said Writ Petition directing the respondents therein to consider the representation, dated 25.03.2017, in accordance with law. Government school vide situated the SRK, J WP.No.6386 of 2025 16 8. However, a perusal of the material on record goes to show that the petitioner s representation, dated 25.03.2017 was orders were again imposed by dated 12.09.2017. respondent herein i/ide Memo No.756924/PS/A2/2017, rejected on the ground that the ban ona respondent vide Rc.No.90/PS-l/2010, Though, 1 dated 07.02.2018 lifted Association and others schools the ban orders. Private Aided School challenged the abeyance order vide in Writ Petition No. 1041 vide interim order, dated 29.02.2020 RaNo.90/PS-l/2010, dated 12.09.2017 i Of 2018 and this Court, the respondents to , directed commence the process of filling the aided school sought permission for aid Secondary Grade Teacher vacant posts. But, virhen the petitioner filling up of grant-in- respondent rejected the posts, 4'^ petitioner-school vide dated 09.07.2020 on the soie in Rc.No.90/PS-l/2010-3, dated 20.07.2017 in RC.NO.90/PS-I/2010, dated 12.09.2017 application of Proceedings in Rc.No.3444/C3/2017 ground that the Memo i is kept under abeyance i and ban is subsisting. 9. A perusal of material on record further goes to show that chaiienging the Proceedings, dated 09.07.2020 respondent, the petitioner-school issued by 4 filed Writ Petition No. 13356 of 2020. The contention of Education in the said Writ Petition learned Government Pleader for School was that the strength of the SRK,J W.P.No.6386 of 2025 17 petitioner-school was only 98 and the strength of the teachers would be three and in view of pendency of rationalization before the authority concerned, as per Rule 10 (1) of G.O.Ms.No.1, Education (P.S.2), dated 01.01.1994. rejection of petitioner-school representation, dated 25.03.2017, was in accordance with law. 10. A perusal of Order, dated 09.03.2021 in Writ Petition No. 13356 of 2020 goes to show that challenging the Proceedings in Rc.No.3444/C3/2017, dated 09.07.2020, Writ Petition No. 1041 of 2018 was filed before this Court and vide Order, dated 29.02.2020 in I.A.No.1 of 2018, NO.756924/PS/A2/2017, dated 12.09.2017 this Court suspended the Memo issued by 1®* respondent and consequential memo in R.C.No.PS-l/2010, dated 12.09.2017 issued by 2"^^ respondent and directed the respondent Nos.1 to 5 therein to commence the process of filling the aided posts vacant in the aided institutions in the State of Andhra Pradesh. Therefore, it is clear that the Memo in R.C.No.PS-l/201 0, dated 12.09.2017 is now, not in operation and a direction was issued permitting the petitioner-school to fill the aided posts. A perusal of the Order, dated 09.03.2021 passed by this Court in Writ Petition No. 13356 of 2020, further goes to show that this Court held that the respondents therein invented a different 11. t; SRK, J W.P.No.6386of2025 18 story that in view of pendency of rationaiization, school was not permitted to fill A perusal of the the petitioner- up the aided posts, material on record further 12. goes to show that pursuant to the Order, dated 09.03.2021 passed by this Court in Writ Petition No. 13356 of 2020 by the respondents, since, no action was taken petitioner-school filed Contempt Case No.5165 Contempt proceedings of 2023 before this Court. However ■ the said were closed on 29.02.2024 respondents in contempt that the Government petitioner to fill up the recruitment. as the learned counsel for the Court permitted the vacant aided teaching posts by way of direct proceedings submitted before this Vide Memo, dated 28.12.2023 13. Subsequently, representation to the permission to fill post that fell vacant due the petitioner-school on 10.06.2024 op the vacant Aided Secondary Grade to retirement of on 31.03.2024 and made a respondents seeking Teacher one O. Isaac David on attaining superannuation teken on such as no action was representation, the petitioner-school filed Writ this Court. This Court Petition No. 14778 of 2024 before dated 22,07,2024 disposed respondent to consider the by the petitioner-school vide Order, of, the said Writ Petition, representation, dated 10.06.2024 in accordance with law. Subsequent directing 4 th made to the SRK, J W P. No. 6386 of 2025 19 said Order, the District Educational Officer, Prakasam District, Ongole vide Lr.Rc.No.4328/C2/2023, dated 07.10.2024 addressed to the Commissioner of School Education, Andhra Pradesh at Amaravathi, stating that the one Sri K.Venkateswarlu was working in Adi Andhra Aided Elementary School, Velamuripadu, which is zero enrollment school for the last three years and he may be accommodated to the vacant post in the petitioner-school. The said letter further discloses that the Correspondent of petitioner-school submitted a letter and requested to fill up the said vacant post by way of direct recruitment only and also requested not to appoint any surplus teacher by absprbing into vacant aided post, in the meantime, petitioner-school preferred Contempt proceedings vide Contempt Case No.3617 of 2024 as the Order, dated 22.07.2024 in Writ Petition No. 14778 of 2024 was not complied with. While the said contempt proceedings are pending before this Court, the District Educational Officer, Prakasam District, Ongole vide Rc.No.4328/C2/2023, dated 12.11.2024 issued proceedings stating that the representation of petitioner-school, to permit them to fill up the aided posts, is not feasible, as the educational agency shall necessarily obtain clearance, from the competent authority to the effect that there are no surplus posts in the concerned district and if there are suitable candidates, they should be deployed against the SRK.J W-P.No.6386 of 2025 20 said vacancies authority shall however before i as per the subject requirements and the competent Government obtain permission from the issuing clearance for filling up of any aided posts and consequently, adjusted Sri K.Venkateswarl Grade Teacher u, surplus Secondary Aided Primary School, to the petitioner-school. from Adi Andhra Velamuripadu, Addanki Mandal Learned Government Pleader for 1 respondent placed the said as nothing survives for proceedings, this Court closed proceedings before the adjudication in that contempt Contempt Case No.3617 of 2024 Court and the on 20.02.2025. 14. It is not out of place to Proceedings of the District Ongole vide Rc.No.4328/C2/2023 aided SGT posts constituted by the District appointment Orders mention herein that as per the Educational Officer, Prakasam District, ■ 15.03.2024, two vacant were filled by the Staff Selection Committee Ongole and candidates as per School Education Educational Officer, were issued to the selected provisions of G.O.Ms.No.58 Department, dated 22.06.2023. In the (PS) respect of the of one O.Isaac David vacancy that attaining petitioner-school filed Writ arose due to retirement superannuation Petition No. 14778 of 2024 on on 31.03.2024, the SRK, J WP.No 6386 of 2025 >V 21 15. Learned counsel for the petitioner would contend that the Sri K.Venkateswarlu, who was allotted to the petitioner-school vide Proceedings in Rc.No.4328/C2/2023, dated 12.11.2024 retired from his service on attaining the age of superannuation on 31.05.2025 and the proceedings of his allotment to the petitioner- school is illegal and contrary, for the reason that vide St NO.ESE01/904/2-2024-PS, dated 19.11.2024 issued by 1 respondent: Memo No.ESE02-17/90-2021-PS1-CSE Part (1), dated 21.11.2024 issued by 2^^ respondent and Proceedings vide Rc.No.4328/C2/2023, dated 02.12.2024 issued by 4*^ respondent, the petitioner-school was accorded permission for filling up of vacant aided teaching post by way of direct recruitment. Learned Government Pleader for School Education 16. would contend that the respondents appointed one surplus teacher from other school to the petitioner-school, so as to utilize the human resources and the said action is in tune with the guidelines issued under Rule 12 (3A) of the statutory guidelines issued under G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994. It is further contended that the petitioner-school Management had not submitted any proposals along with necessary information to the competent authority seeking permission to fill up the aided vacancies. SRK,J W.P.m.6386 of 2025 22 17. A perusal of contentions of either side, it is evident that one K.Venkateswarlu, Secondary Grade Teacher the petitioner-school vide dated 12.11.2024 and it is on attaining the age of superannuation material was allotted to Proceedings in Rc.No.4328/C2/2023, apparent that, he retired from his service on 31.05.2025. A perusal of goes to show that No.ESEOI/904/2024-PS, dated on record vide Memo 19.11.2024, the petitioner-school was accorded permission to fill up the vacant aided teaching post by way of direct recruitment duly following the procedure laid down in G.O.Ms.No.1, Education (P.S.2) Department, Therefore, it is evident that subsequent to dated 01.01.1994. issuance of Proceedings in Rc.No.4328/C2/2023, dated 12.11.2024 by 4“ respondent, 1 respondent St issued Memo No.ESEOI/904/2024-PS dated 19.11.2024 according permission to the the vacant aided post by way of direct that the Memo issued by 1 petitioner-school to fill recruitment. Thus, it is clear up St respondent supersede the proceedings dated 12.11.2024 vide Rc.No.4328/C2/2023 issued by 4 respondent. Hence, this Court is of the opinion that the proceedings vide Rc.No.4328/C2/2023 respondent are not sustainable and it deserves to th dated 12.11.2024 issued by 4 be set-aside. Accordingly, Writ Petition is disposed of, setting-aside the proceedings vide Rc.No.4328/C2/2023 th 18. dated 12.11.2024 SRK,J W.P.NO-6386of2025 •■W 23 issued by 4**^ respondent. Consequently, respondents are directed to implement the Memo No.ESE01/904/2024-PS, dated 19.11.2024 issued by 1®‘ respondent, according permission to the petitioner- school to fill up the vacant aided post by way of direct recruitment, within a period of four (04) weeks from the date of receipt of copy of this order. There shall be no order as to costs of the Writ Petition. Consequently, miscellaneous applications pending if any. shall also stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR 1 //TRUE COPY// SECTION OFFICER To, Education Department, State of School 1. The Principal Secretary, Andhra Pradesh, Secretariat Buildings. Velagapudi, Guntur District. 2. The Commissioner of School Education, Venkatadri Towers, Beside , Mangalagiri Mandal, Guntur District Happy Resorts, Atmakuru Village Andhra Pradesh 3. The Regional Joint Director of compound, Guntur, Guntur District 4. The District Educational Officer, Prakasam District, Ongole. District Educational Officer, Bapatla, Bapatla District Educational Officer, Addanki Ma'hdal, Bapatla District School Education, Collecterate 5. The 6. The Mandal One CC to Sri D. V. Sasidhar, Advocate [OPUC] School Education, High Court of Andhra Pradesh 7. 8. Two CCs to GP for [OUT] 9. Two CD Copies. ssb .■»v '‘ft' V high court '•i DATED:02/09/2025 ORDER WP No. 6386 OF 2025 disposing of the W.P. WITHOUT COSTS