% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8755 OF 2018 Between: 1. A.V.V. High School and A.V.V. Primary School, Bapatia, Under the Management of V.V. Sangham, rep. by its Secretary and Correspondent, Sri P. Raghuram, S/o Seetharama Sharma, 53 years, Railway Station Road, Bapatia, Guntur District. 2. Guild of Service Aided Primary School, Bapatia, rep. by its Secretary and Correspondent, Sri Velaga Sivaramaiah, S/o Venkata Subbaiah, 84 years, Adarshanagar, Bapatia, Guntur District. ...PETITIONERS AND 1. The State of A.P, rep.by its PrI. Secretary, School Education, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of School Education, Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District. 3. The Regional Joint Director, School Education, Guntur, Guntur District. 4. The District Educational Officer, Guntur, Guntur 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, order of direction more particularly one in the nature of Writ of Mandamus, declaring the action on the part of the respondents failure to accord permission pursuant to the proposals submitted by the 1®* petitioner dated 22-3-2014 and 30-10-2017 and the petitioner dated 5-10-2017 under the nd proposals submitted by the 2 premise they are not consider under the order made in W.P.No.9503 of 2005 as illegal, arbitrary and in violation of right of children for free and compulsory Education Act, 2009 and the rules made there under and consequently direct the respondents to accord permission to fill the vacant aided posts in the petitioners schools by duly taking into consideration of the proposals which were submitted by them. lA NO: 1 OF 2018 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 1 to 4 to accord permission to fill the vacant aided posts in the petitioners Schools on consideration of the proposals submitted by the petitioners on 22-3-2014, 30-10-2017 and 5-10-2017 respectively, pending disposal of the Writ Petition before thi^ Honourable Court. Counsel for the Petitioners: SRI N. SUBBA RAO Counsel for the Respondent Nos.1 to 4: GP FOR EDUCATION The Court made the following: ORDER APHC010199972018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8755/2018 [3396] B Between: 1.A.V.V. HIGH SCHOOL AND A.V.V. PRIMARY SCHOOL,, BAPATLA, UNDER THE MANAGEMENT OF V.V. SANGHAM, REP.BY ITS SECRETARY AND CORRESPONDENT, SRI P. RAGHURAM, S/0 SEETHARAMA SHARMA, 53 YEARS, RAILWAY STATION ROAD, BAPATLA, GUNTUR DISTRICT. 2.GUILD OF SERVICE AIDED PRIMARY SCHOOL,, BAPATLA, REP.BY ITS SECRETARY AND CORRESPONDENT, SRI VELAGA SIVARAMAIAH, S/0 VENKATA SUBBAIAH, 84 YEARS, ADARSHANAGAR, BAPATLA, GUNTUR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF A P, REP BY ITS PRL. SECRETARY, SCHOOL EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3.THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S); 1.NSUBBARAO Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) The Court made the following; ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: - 9 2 a \Nr\t of Mandamus, declaring the action on the part of the respondents failure to accord permission pursuant to the proposals submitted by the 1st petitioner dated 22-3-2014 and 30-10-2017 and the proposals submitted by the 2nd petitioner dated 5-10-2017 under the premise they are not consider under the order made in W.P.No.9503 of 2005 as illegal, arbitrary and in violation of right of children for free and compulsory Education Act, 2009 and the rules made there under and consequently direct the respondents to accord permission to fill the vacant aided posts in the petitioners schools by duly taking into consideration of the proposals which were submitted by them. ” 2. When the matter is taken up for hearing, learned Assistant Government Pleader for Education placed on record the latest instructions received regarding the sanctioned strength, persons working and the vacancy position. For ready reference the written instructions are extracted hereunder: 7 submit that, the school strength for classes VI to X is 269 and 7 teachers are working at present in the said school. The particulars are shown below. Name of the school Enrolment 2024-25 Sanctioned Sanctioned post Working Vacant post category HM 1 1 0 School Asst. (Maths) 2 1 1 School Asst. 2 1 1 (B.S) School Asst. 2 1 1 S.S. GrI TP 1 1 0 A.V.V.High School, Bapatia Mandal, Bapatia District. 269 GrI HP 1 1 0 S.G.T 3 1 2 Gr II TP 1 0 1 P.E.T ■ 1 0 1 Total 14 07 07 But, no fresh proposals are submitted by the Correspondent, A.V.V.High School, Bapatia Mandal, Bapatia District till to dated. If the proposals are received, necessary action will be taken in the matter as per the G. O.Ms.No. 1, dated 1.1.1994. 3 Further, I submit that, the A.V.V.Primary School, Bapatia Mandal, Bapatia District and Guild of Service Aided Primary School, Bapatia Mandal, Bapatia were presently closed. In view of the above, I request to appraise the said factual position of the case before the Hon’ble High Court of Andhra Pradesh, Amaravathi.” Sri N.Subba Rao, learned counsel for the Petitioners would submit that, 3. petition may be disposed of in the light of the orders passed by a Coordinate Bench of this Court in W.P.Nos.30927 of 2022 and Batch, dated 05.01.2023. Learned Assistant Government Pleader would further submit that they 4. have no objection to dispose of the petition in the same lines of W.P.Nos.30927 of 2022 and Batch. However, as per the factual position. For ready reference the directions given in there are no such vacancies. W.P.Nos.30927 of 2022 and Batch are extracted hereunder; “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 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; T 4 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 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. ” Recording the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. 5. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, School Education, State of Andhra Prdaesh, Secretariat, Velagapudi, Amaravathi, Guntur District, of School Education, Andhra Pradesh, Ibrahimpatnam, 2. The Director Vijayawada, Krishna District. School Education, Guntur, Guntur District. 3. The Regional Joint Director, District Educational Officer, Guntur, Guntur District. 4. The 5. One 6. Two CCS to GP for Education CC to Sri N. Subba Rao, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb ^ HIGH COURT DATED: 13/03/2025 ORDER WP.No.8755 of 2018 X 2 9 MAR 2025 Co, a^ . Current aecuon DISPOSING OF THE W.P. WITHOUT COSTS