APHC010174252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA CONTEMPT CASE No.2095 of 2024 Between: Sri Raghavendra (T.M) Aided Elementary School ...PETITIONER AND Praveen Prakash and others ...CONTEMNOR(S) Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Contemnor(s): 1. RAMA CHANDRA RAO GURRAM 2. B. SAI PRIYA The Court made the following: 2 VS,J C.C.No.2095 of 2024 ORDER : This contempt case is filed complaining willful disobedience on the part of the respondents in complying with the order dated 16.02.2024 passed by this Court in W.P.No.38079 of 2022. 2. The aforesaid writ petition was filed seeking the following relief: “to issue a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring the action of the respondents in not permitting to fill the vacant aided posts in petitioner School as illegal and arbitrary and also in contravention of the order passed by this Hon’ble Court in W.P.No.9503 of 2005 dated 30-7-2013, also in contravention of Right to Education Act, and the Rules made thereunder and consequently direct the respondents to fill the vacant aided posts in the petitioner School as per the report of Respondent No.4 to respondent No.3, dt. 4-6-2022 by taking further steps as per the provisions of Right to Education Act, 2009.” 3. Since the issue involved in the aforesaid writ petition was squarely covered by the common order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 & batch, this Court, by the order dated 16.02.2024, has disposed of the writ petition in terms of the said common order. 4. Relevant portion of the common order dated 05.01.2023 in W.P.No.30927 of 2022 & batch reads as under: “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; 3 VS,J C.C.No.2095 of 2024 ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; iii) On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of (04) weeks from the date of application and allot 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 fill 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 others [2002 (1) ALD 96] and Ester Axene Res. High School and Others v. State of Andhra Pradesh and Others [MANU/AP/0045/ 2019]. 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.” 5. The present contempt case is filed by the petitioner-school alleging that after disposal of the writ petition in the above terms, it has submitted a representation dated 17.02.2024 to the District Educational Officer, Nandyal, requesting to comply with the order of this Court by according permission to fill up the vacant aided SGT posts and the District Educational Officer, in turn, addressed a letter to the 2nd respondent- Director of School Education, A.P., to do the needful, but no action has been taken in pursuance thereof and 4 VS,J C.C.No.2095 of 2024 thereby, the authorities have failed to comply with the order of this Court. 6. The 2nd respondent filed a compliance affidavit on 23.08.2024, wherein it is stated that in obedience to the order of this Court dated 16.02.2024 passed in W.P.No.38079 of 2022, proposals were submitted to the Commissioner of School Education, A.P., vide Lr.Rc.No.638/B5/Aided/2024 dated 17.02.2024, to accord permission to the petitioner-school for filling up 3 vacant aided SGT posts through direct recruitment. After verifying the proposals in accordance with the prescribed norms under G.O.Ms.No.1 dated 01.01.1994, the Commissioner of School Education, in turn, has sent the proposals to the Government vide ESE02-17/115/2024-PSI-CSE dated 13.05.2024, seeking necessary instructions. Subsequently, the Government, vide Memo No.2434256/ PS/2024 dated 28.05.2024, has accorded permission to the Commissioner of School Education, to permit the petitioner-institution to fill up the vacant aided teaching posts by way of direct recruitment, duly following the procedure laid down in G.O.Ms.No.1 dated 01.01.1994 and as per the norms and schedule prescribed under Right to Education Act, 2009, in compliance with the orders of this Court. Accordingly, the said copy was communicated to the District Educational Officer, Kurnool, vide Memo No.ESE02- 5 VS,J C.C.No.2095 of 2024 17/115/2024-PS1-CSE dated 20.06.2024, with instructions to take necessary action in compliance with the order of this Court. 7. Today, when the matter is taken up for hearing, it is brought to the notice of this Court that in pursuance of the aforesaid letter dated 20.06.2024, the District Educational Officer, Kurnool, has issued proceedings in Rc.No.3839/B4/2024 dated 22.11.2024, according permission to the Correspondent of the petitioner-school, to fill up the 3 vacant aided teaching posts as per the roster points mentioned, by way of direct recruitment. Pursuant thereto, the Correspondent of the petitioner-school has also issued a Notification, published in Eenadu and Andhra Jyothi Telugu daily newspapers, on 13.12.2024, inviting applications from eligible candidates for the said posts on or before 09.01.2025. Further, the District Educational Officer, Kurnool, has also issued instructions to the District Educational Officer, Nandyal, vide letter bearing Rc.No.3839/B4/2024 dated 13.12.2024, to place the said information in the website of School Education Department, enabling submission of online applications by the eligible candidates. Copies of the said letter dated 13.12.2024 and paper publications have been placed before this Court. 8. In view of the above, it is evident that the respondents have taken necessary steps and, thereby, complied with the order of this 6 VS,J C.C.No.2095 of 2024 Court. Hence, no further adjudication is required in this contempt case. 9. Accordingly, this contempt case is closed. No order as to costs. Consequently, interlocutory applications, if any, pending in this case shall stand closed. ___________________ JUSTICE V. SUJATHA Date: 06.02.2025 IBL 7 VS,J C.C.No.2095 of 2024 THE HONOURABLE SMT. JUSTICE V. SUJATHA CONTEMPT CASE No. 2095 of 2024 Dt: 06.02.2025 IBL