APHC010344772013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24949/2013 Between: Sri Rama Krishna Vidyalaya Primary & High School, ...PETITIONER AND The Government Of Andhra Pradesh Rep By Its and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GANGISETTY RAJESWARA RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: The petitioner is challenging the in action on the part of the respondents in initiating the rationalization process with respect to the teaching and non- teaching staff by filling up the vacant aided posts in the petitioner’s school. G.O.Ms.No.40 dated 18.06.2013 and consequential proceedings dated 13.08.2013 are under challenge in the present Writ Petition. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 2 3. Learned counsel for the petitioner submits that the petitioner’s school was admitted to Grant-in-Aid in the year 1986 and has been running as Grant- in-Aid School. It is also submitted that the petitioner’s school has several teaching and non-teaching posts which are lying vacant under Grant-in-Aid Scheme. However, steps for filling up the said posts were not initiated by the respondents on account of ban imposed vide memo dated 20.10.2004. It is further submitted that the said memo was subsequently withdrawn on 30.08.2013 by G.O.Ms.No.40 dated 18.06.2013. The said G.O. was issued in compliance with the directions of this Court passed in W.P.No.9503 of 2005 and batch. 4. It is submitted by the learned counsel for the petitioner that the though there is no ban as on date and the ban was withdrawn with effect from 30.08.2013 efforts to fill up the vacant aided posts in the petitioner’s school have not been taken up. It is submitted that the petitioner’s school is catering to the Educational requirements of the poorer sections of the society and on account of school being run on temporary staff, the petitioners school is unable to impart quality Education to the children. 5. Considering the subsequent developments after filing of the present Writ Petition, this Court in W.P.No.30927 of 2022 and batch had passed various directions directing the respondents to permit the petitioner institutions to fill up all the aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994, as per the schedule prescribed under Sections 19 & 25 of the Right of Children to Free and Compulsory Education Act, 2009. It was also 3 directed that the petitioner institutions would have to make applications to the competent authorities seeking approval for filling up the vacancies as and when fresh vacancies arise. The applications seeking approval for filling up the fresh vacancies would have to be considered within a period of four weeks from the date of such application. 6. Ends of justice would met if the directions passed in W.P.No.30927 of 2022 and batch are followed. The respondent authorities are hereby directed to permit the petitioner to fill up all existing teaching and non-teaching vacancies in the petitioner’s school. The other directions passed in W.P.No.30927 of 2022 and batch shall be read as part and parcel of this order. 7. Accordingly, the Writ Petition is disposed off. The petitioner shall make an application to the concerned authorities seeking their approval for filling up of the vacancies. There shall be no orders as to costs. Miscellaneous applications, pending if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 24.01.2025 SNI 4 236 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24949 of 2013 Date: 24.01.2025 SNI