APHC010319692024 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 3183/2024 Between: The Management Of MH K Sashidhar and Others Counsel for the Petitioner: 1. K N VIJAYA LAXMI Counsel for the Contemnor(S): 1. BH RAMA KRISHNA NAIK IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 3183/2024 Appa Aided High School AND ...CONTEMNOR(S) Counsel for the Petitioner: Counsel for the Contemnor(S): BH RAMA KRISHNA NAIK IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY EIGHTH DAY OF MARCH THE HONOURABLE SMT JUSTICE V.SUJATHA ...PETITIONER ...CONTEMNOR(S) 2 The Court made the following Order: Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This Contempt Case is filed against the respondents for willful disobedience of the orders passed by this Court in W.P.No.33785 of 2023, dated 03.01.2024. The relevant portion is extracted hereunder: “3. During hearing, learned Government Pleader for School Education as well as learned counsel for the petitioner(s) would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.30927 of 2022 and Batch, dated 05.01.2023, wherein a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said order reads 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; iii) 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 3 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 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” 4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of in terms of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 and Batch. There shall be no order as to costs.” 3. Respondent No.2 filed counter affidavit, wherein, it is stated that, in pursuance of the Orders of this Court, the 2nd respondent requested the Regional Joint Director of School Education, Kadapa, the District Educational Officer, Kurnool and the District Educational Officer, Kadapa, to submit the details of Class Wise Enrollment particulars of teaching posts (Sanctioned working Vacant availability of surplus and number of surplus persons can be adjusted) and staff required for filling, as per the Right to Education norms as well as within limit, if sanctioned posts in prescribed proforma vide Memo No.ESE02-17/61/2023-PS1-CSE, dated 04.08.2024. In pursuance of the said Memo, the Regional Joint Director of School Education, Kadapa, has submitted details vide letter bearing Rc.No.1549/B2/ 4 2024, dated 26.09.2024. The same was verified in terms of the prescribed Rules under G.O.Ms.No.1 and the Right to Education Act, 2009, and submitted the same to the Government vide Lr.Roc.No.ESE02-17021/24/2024-PS1-CSE, dated 10.10.2024. In pursuance of the same, the Government has accorded permission to the petitioner-School for filling up of aided posts vide Memo.No.ESE01/853-2024-PS, dated 29.10.2024. Thereafter, the Director of School Education, Andhra Pradesh has communicated the same to the Regional Joint Director of School Education, Kadapa, and the District Educational Officer, Kurnool, for taking necessary action in the matter vide Memo.No.ESE-02-17021/24/ 2024-PS1-CSE, dated 31.10.2024. 4. It is evident from the material placed on record that pursuant to the orders of this Court, by duly conducting an inspection, the respondents submitted a report to the Government subsequent to which the Government has accorded permission to fill up vacant aided posts in the petitioner-School vide Memo No.ESE01/853/ 2024-PS, dated 29.10.2024. Thereafter, the Director of School Education, Andhra Pradesh has also communicated the same to the Regional Joint Director, Kadapa, and the District Educational Officer, Kurnool, for taking further action in the matter vide Memo.No.ESE02- 17021/24/2024-PS1-CSE, dated 31.10.2024. Thereafter, the Regional Joint Director of School Education, Kadapa, has also 5 accorded permission to fill up 01-SA (Telugu), 01-SA (Hindi) and 01- SA (Maths) by following the roster at petitioner-School, by way of direct recruitment and requested the District Educational Officer, Kurnool, to take further steps to fill up the above said vacant aided posts at petitioner-School, as directed by the Commissioner of School Education, Andhra Pradesh, and report compliance of the same. Now, it is for the petitioner-School to notify the said vacant posts. 5. In view of the same, this Court is of the opinion that the orders passed by this Court in W.P.No.33785 of 2023, dated 03.01.2024 has been complied with by the respondents. 6. Accordingly, the Contempt Case is closed. There shall be no order as to costs. As a sequel, Interlocutory applications, pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date: 28.03.2025 MDP