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2025 DAILYLAW 24303 (AP)

SR KRISHNA ANNAPRAGADA, ELURU, W.G.DIST. v. THE COMMISSIONER OF SCL.EDN.,IBRAHIMPATNAM, & 3 OTRS.

WP/28860/2017 · 2025-09-18

Maheswara Rao Kuncheam

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Judgment text

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APHC010343682017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28860/2017 Between: 1. SR KRISHNA ANNAPRAGADA, ELURU, W.G.DIST., WORKING AS SECONDARY GRADE TEACHER, K.K.V.M. ELEMENTARY SCHOOL, KATTEPUVEEDHI, ELURU, WEST GODAVARI DISTRICT, R/O H.NO.20-21-1/9, POSTAL COLONY, ELURU, W.G. DT. ...PETITIONER AND 1. THE COMMISSIONER OF SCL EDN IBRAHIMPATNAM 3 OTRS, IBRAHIMPATNAM, KRISHNA DISTRICT. 2. K K V M ELEMENTARY SCHOOL KATTEPUVEEDHI ELURU WEST, GODAVARI DISTRICT, REP. BY ITS CORRESPONDENT. 3. DISTRICT EDUCATIONAL OFFICER WEST GODAVARI DISTRICT ELURU, - 4. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 toto issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring guideline no. iii issued in proceedings Re. No. 90/PS-I/2010-3 dated 20.07.2017 by the first respondent to the extent it went against the petitioner as illegal, arbitrary, discriminatory, against the rules issued in G.O. Ms. No.1, Education (PS-2) Department, dated 01.01.1994 and without jurisdiction and set aside the same and consequentially direct the respondents to consider the case of the petitioner 2 for appointment to the post of SGT in the aided vacancy of the second respondent school with B.Ed. qualification IA NO: 1 OF 2017(WPMP 35902 OF 2017 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 to allow the petitioner to appear for the selections to the aided SOT post in the second respondent school with B.Ed. qualification by suspending guideline no. iii issued in proceedings Re. No. 90/PS-1/2010-3 dated 20.07.2017 of the first respondent the extent of the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: 1. P V S S S RAMA RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) The court made the following ORDER:- The writ petition is filed under Art. 226 of the Constitution of India, seeking the following main relief:- “……declaring guideline no. iii issued in proceedings Re. No. 90/PS-I/2010-3 dated 20.07.2017 by the first respondent to the extent it went against the petitioner as illegal, arbitrary, discriminatory, against the rules issued in G.O. Ms. No.1, Education (PS-2) Department, dated 01.01.1994 and without jurisdiction and set aside the same and consequentially direct the respondents to consider the case of the petitioner for appointment to the post of SGT in the aided vacancy of the second respondent school with B.Ed. qualification.……” 2. Aggrieved by the proceedings dated 20.07.2017 and guideline No.3 issued by the 1st respondent which is contrary to G.O.Ms.No.1 Education (PS- 2) Department dated 01.01.1994, the petitioner filed the writ petition. Further, 3 the petitioner sought direction to the respondent to consider his case for the post of SGT in the aided vacancy of the 2nd respondent School. 3. When the matter is called, Sri K. Srinivas, learned counsel representing the learned counsel for the petitioner submits that the petitioner is not in contact with the learned counsel for the petitioner and he has no instructions. 4. On the other hand, learned Assistant Government Pleader for School Education, on instructions., submits that the petitioner is presently not working in the K.K.V.M. Elementary School, Kattepuveedhi, Eluru., as the said school was closed long back due to zero enrolment. He further submits that the cause in the writ petition does not survive for adjudication anymore. 5. Considering the submissions made by the learned Assistant Government Pleader and in view of the fact that no instructions are coming forward from the petitioner, this Court instead of adjourning the case further, deems it appropriate to close the writ petition. However, the petitioner is at liberty to seek recourse to law if any fresh cause of action arises. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.09.2025 GVK 4 693 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.28860 of 2017 Date: 19.09.2025 GVK