APHC010370652017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28852 OF 2017 Between: 1. J.SWAROOP KUMAR, PRAKASAM DIST, S/o Sri J.Anandam, aged about 44 years, working as Secondary Grade Teacher, Adi Andhra Aided Primary School, Pelluru Village, Ongole Mandal, Prakasam District, R/o.Pelluru Village, Ongole Mandal, Prakasam District. ...Petitioner AND 1. COMMISSIONER OF SCHOOL EDUCATION, Andhra Pradesh, Ibrahimpatnam, Krishna District. 2. Adi Andhra Aided Primary School, Pelluru Village, Ongole Mandal, Prakasam District, Rep. by its Commissioner. 3. District Educational Officer Prakasam District Ongole, 4. The State of Andhra Pradesh, Rep., by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, 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 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 RC No. 90/PS-I/2010-3 dated 20.07.2017 by the first respondent to the extent 2 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 and pass Counsel for the Petitioner: P V S S S RAMA RAO Counsel for the Respondents: 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 Rc.No.90/PS-1/2010-3 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 consequently 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 and pass.……” 2. qualification and pass.……” 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, 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 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 A ssistant Government Pleader for School Education, while placing a copy of the proceedings dated 04.09.2025 issued by the 3rd respondent, submits that the petitioner is presently not working in the Adi Andhra Aided Primary School, Pelluru Village, Ongole Mandal, Prakasam District as the said school is running with 22 students and teaching staff of 01 SGT. 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, deems it appropriate to close the writ petition by making the above said proceedings dated 04.09.2025 as a part of the record. 6. Accordingly, the writ petition is closed. 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 Rns 4 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.28852 of 2017 Date: 19.09.2025 RNS