ESTHER AXENE RES GOVT AIDED ELEMENTARY SCHOOL v. SRI PRAVEEN PRAKASH IAS
CC/2216/2024 · 2025-07-31
V Sujatha
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 12711 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12711 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
% APHC010150272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 2216 OF 2024 Contempt case U/s.10 to 12 Contempt of Courts Act 1971 Respondents herein for wilfully violating High Court dated 10/11/2023 in WP No.29256 of 2023. Between:
1. ESTHER AXENE RES GOVT AIDED ELEMENTARY SCHOOL Aided Elementary School Prabhakara Rao Konthamuru Rajamahendravaram Andhra Pradesh. 2. ESTHER AXENE, Res. Govt. Aided High School correspondent Sri K. Prabhakara Rao Konthamuru Rajamahendravaram East Godavari District, Andhra Pradesh. to Punish the and disobeying the orders of the Res. Govt. Sri K. East Godavari District, Represented by its correspondent Represented by its
3. Bharat Evangelical Mission Govt. Aided Elementary School, Represented by its correspondent Sri K. Prabhakara Rao Ramadaspeta, Quaiy Centre Rajamahendravaram (R), East Godavari District, Andhra Pradesh. ...PETITIONERS
/ AND
1. SRI PRAVEEN PRAKASH IAS, Principal Secretary. Pradesh Department of School Education 4th Block, 1ST Floor, Room No. 267 Secretariat Buildings, Tullur Velagapudi, Guntur District - 522501
2. The Commissioner and Director of School Education, B- Block, 4th Floor, VTPS Road Ibrahimpatnam, Krishna District State of Andhra Pradesh - 521456 State of Andhra Presently Sri. S. Suresh Kumar IAS The Commissioner and Director of School Education Venkatadri Towers, 0pp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur, Andhra Pradesh. 3. Sri K Vasudevarao, The District Educational Officer Rajahmundry, East Godavari District, Andhra Pradesh. ...RESPONDENTS Counsel for the Petitioners : SRI M SREE VIJAY Counsel for the Respondents : SRI B SAI PRIYA The Court made the following ORDER :
/ APHC010150272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] r FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 2216/2024 Between:
1.ESTHER AXENE RES GOVT AIDED ELEMENTARY SCHOOL, RES. GOVT. AIDED ELEMENTARY SCHOOL REPRESENTED BY ITS CORRESPONDENT SRI K. PRABHAKARA RAO KONTHAMURU RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT, ANDHRA PRADESH. 2. ESTHER AXENE, RES. GOVT. AIDED HIGH SCHOOL REPRESENTED BY ITS CORRESPONDENT SRI K. PRABHAKARA RAO KONTHAMURU RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3.BHARAT EVANGELICAL MISSION GOVT. AIDED ELEMENTARY SRI K. RAMADASPETA, QUAIY CENTRE, EAST GODAVARI DISTRICT, SCHOOL, REPRESENTED BY ITS CORRESPONDENT PRABHAKARA RAO RAJAMAHENDRAVARAM (R) ANDHRA PRADESH. ...PETITIONER(S) AND 1.SRI PRAVEEN PRAKASH IAS, PRINCIPAL SECRETARY.
STATE OF ANDHRA PRADESH DEPARTMENT OF SCHOOL EDUCATION 4TH BLOCK, 1ST FLOOR, ROOM NO. 267 SECRETARIAT BUILDINGS, TULLUR VELAGAPUDI, GUNTUR DISTRICT - 522501 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, B- BLOCK, 4TH FLOOR, VTPS ROAD IBRAHIMPATNAM, KRISHNA DISTRICT STATE OF ANDHRA PRADESH - 521456 PRESENTLY
A 2 V's,'. C.CNo.2216of2024'i.
SRI. S. SURESH KUMAR IAS THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION VENKATADRI TOWERS, OPP. DGP OFFICE BESIDES HAPPY RESORTS ATMAKUR, MANGALAGIRI, GUNTUR, ANDHRA PRADESH. 3.SRI K VASUDEVARAO, THE DISTRICT EDUCATIONAL OFFICER RAJAHMUNDRY, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to punish the Respondent herein under Sections 10 to 12 of Contempt of Courts Act for his willful, wanton and deliberate violation of the order dated 10-11 -2023 in WP No.29256 of 2023 and pass lA NO: 1 OF 2024 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 pleased to dispense with of certified copy of order in W.P No.292560F 2023, dated 10-11 2023and to 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 may be pleased to permit the Petitioner to implead the proposed Respondent Nos.4 as Respondent Nos. 4 in Contempt case No. 2216 of 2024 and pass Counsel for the Petitioner{S):
1.CKR ASSOCIATES Counsel for the Contemnor(S):
1.BSAI PRIYA The Court made the following:
3 VS,J C.C.No.2216of2024
ORDER: This Contempt Case is filed for deliberate, willful and wanton disobedience of the orders passed by this Court in W.P.No.29256 of 2023 on
10.11.2023. 2. The W.P.No.29256 of 2023 is disposed of in terms of the order passed in W.P.No.30927 of 2022 dated 05.01.2023, wherein this Court in W.P.No.30927 of 2022 observed as under:
"....9. In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions: (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; (ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; (Hi) 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 ailot said surplus staff on permanent basis; (iv) If surplus staff are not available, the Competent authority shall inform the same and permit the petitioners-institutions to fiil up the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; (v) 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 Other and Ester Axene Res. High School and Others V. State of Andhra Pradesh and others. (vi) The entire exercise shall be completed by the respondent-authorities within a period of three (03) months from the date of receipt of a copy of this order.”
2. Today, when the matter is taken up for hearing, learned counsel for the petitioners has stated that the order dated 10.11.2023 passed by this Court in
4 VS,J C.C.No.2216 of202. ^ W.P.No.29256 of 2023 has been complied with by the respondents. Therefore, requested this Court to close the contempt case. Recording the above submission, the Contempt Case is closed. There
3. shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. SD/- K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1.
SRI PRAVEEN PRAKASH IAS, Principal Secretary. State of Andhra Pradesh Department of School Education 4th Block, 1ST Floor, Room No. 267 Secretariat Buildings, Tullur Velagapudi, Guntur District - 522501
2. The Commissioner and Director of School Education, B- Block, 4th Floor, VTPS Road Ibrahimpatnam, Krishna District State of Andhra Pradesh - 521456 Presently Director of School Education Venkatadri Towers, 0pp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur, Andhra Pradesh. 3. Sri K Vasudevarao, The District Educational Officer Rajahmundry, East Godavari District, Andhra Pradesh. Sri. S. Suresh Kumar IAS The Commissioner and
4. One CC to SRI. M SREE VIJAY Advocate [OPUC]
5. One CC to SRI. B SAI PRIYA Advocate [OPUC]
6. Two CD Copies TAC
HIGH COURT DATED:01/08/2025
ORDER CC NO. 2216 OF 2024 CLOSING THE CONTEMPT CASE