1 APHC010323982018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15097/2018 Between: Nandikolla Nani ...PETITIONER AND The State Of Andhra and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S APPADHARA REDDY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 4 herein, in not appointing the petitioner in grant in aid post of the 5th respondent school is illegal, arbitrary, violative of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 to 4 here in to approve the petitioner appointment in Grant - in- Aid post in the 5th respondent school and to pass such other order or orders……” 2 2. Heard Sri S.Appadhara Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for School Education, appearing for the respondents 1 to 4. 3. Learned counsel for the petitioner would submit that liberty may be given to the petitioner to challenge the impugned order of rejection which was passed by the 4th respondent dated 20.12.2018 rejecting the representation of the petitioner. 4. Learned Assistant Government Pleader for School Education, on written instructions, would submit that the school is not working and it is closed. 5. For ready reference, the instructions received are extracted hereunder: “In this regard, I submit that the Petitioner made a representation dated 17.03.2018 to this answering respondent with a request to appoint her in Grant-in-Aid post in 5th respondent institution. I submit that on examination of the said request, a detailed Speaking orders were issued to the petitioner vide this answering respondent Proc.Rc.No.2962-B4/2018, dated 20.12.2018 duly informed that, "The roll of the Srinivasa Primary school for the academic years from 2015-16. 2016-17 & 2017-18 were 47, 42. & 42 respectively having 3 sanctioned SGT posts (which were already retired/Expired from services) and for the academic year 2018-19 onwards, the roll falls to "Zero" and no teacher was working under Grant-in Aid post in the school and hence as per G.O.Ms.No.40 Edn. dated 18-06-2013, there is no need for filling up of SGT Post as per teacher pupil Ratio(TPR). The Petitioner is not eligible to absorb into Grant-in-Aid post as his selection was not approved by the District Educational Officer, East Godavari, Kakinada and also he was not appointed as on 23.09.2002 and not continued till to date in the same post. 3 Accordingly, this reply Respondent has considered and rejected the representation.” 6. In the light of the submissions made, the Writ Petition is dismissed, as the relief has become infructuous. However, the petitioner is at liberty to work out his remedies by challenging the impugned orders of rejection passed by the 4th respondent, according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.04.2025 ARR 4 48 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15097/2018 Dt.08.04.2025 ARR