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2025 DAILYLAW 27252 (AP)

CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL v. THE STATE OF ANDHRA PRADESH

WA/868/2025 · 2025-08-04

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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APHC010385632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Hli'B B! TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 868 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 25.02.2025 in WP.No.511 of 2025 on the fiie of High Court. Between: Chowdeswari Devi Oriental High Schooi, Yerramukkapalle, Kadapa. Kadapa District, Rep. by its Secretary Correspondent Reddy. G. Mohan @ G. Mohan ...APPELLANT/PETITIONER in W.P. No.511 of 2025 AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of School Education, Secretariat, Velagapudi, Amaravathi, Guntur - 522237. 2. The Commissioner and Director of School Education, Anjaneya Towers, Ibrahimpatnam, NTR District, Andhra Pradesh. 3. The Regional Joint Director of School Education, Kadapa, YSR Kadapa District, Andhra Pradesh. 4. The District Educational Officer, Kadapa, YSR Kadapa District., A.P. ...RESPONDENTS If lA NO: 1 OF 2025 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 consider the request of the appellant-school for filling up the remaining 7 aided posts, namely 4 SGBT, 1 Sanskrit Pandit Grade-ll, 1 Craft Teacher, and 1 Attender, dehors the judgment in WP No. 511 of 2025, pending disposal of the above writ appeal. Counsel for the Petitioner: SRI BHARAT BABU.N Counsel for the Respondent Nos.1 to 4: GP FOR SCHOOL EDUCATION The Court made the following: JUDGMENT APHC010385632025 Bench Sr.No:-17 t3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 868 of 2025 Chowdeswari Devi Oriental High School ...Appellant Vs. State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant Mr. Bharat Babu.N Advocate for Respondents GP for School Education CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : S**’ August, 2025 DATE PC : The present writ appeal has been preferred against the judgment and order, dated 25.02.2025, passed in WP.No.511 of 2025. 2. The petitioner (appellant herein) is a private aided school. The grievance of the petitioner is that even when the District Educational Officer, YSR District, had earlier by virtue of her order, dated 06.06.2024, permitted the petitioner to fill up 6 aided posts of teachers, yet by virtue of the order impugned, dated 26.07.2024, the same District Educational Officer permitted only 3 posts to be filled up by the petitioner. 2 HCJ & RC, J WA 868_2025 The grievance of the petitioner school was that it ought to have been permitted all 6 instead of only 3. 3. It can be seen that the pupil to teacher strength was determined the basis of data which was relevant for the year 2024-2025 as on on 18.06.2024. However, over a period of one year, it is possible, as stated by learned counsel for the petitioner (appellant herein), that the student strength would have increased as the loss in student strength was on account of certain unavoidable circumstances. Government Pleader for the School Education Department states that the respondents are not averse to conducting an inspection of the petitioner school and consider the relevant data for purposes afresh the staff strength after determining the pupil ratio in the 4. Learned of fixing petitioner school. 5. Be that as it may, we can put an end to the entire controversy by simply directing the respondents to conduct an inspection afresh and to take appropriate decision in regard to fixation of the teacher strength against the aided posts in the petitioner school in accordance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009. 3 HCJ & RC, J WA 868 2025 6. The Writ Appeal is accordingly disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAp/ DEPUTY REGISTRAR //TRUE COPY// SECnON OFFICER To, 1. The Principal Secretary, Department of School Education, State of Velagapudi, Amaravathi, Guntur - Andhra Pradesh, Secretariat, 522237. 2. The Commissioner and Director of School Education, Anjaneya Towers ‘ t Ibrahimpatnam, NTR District, Andhra Pradesh. 3. The Regional Joint Director of School Education, Kadapa, YSR Kadapa District, Andhra Pradesh. 4. The District Educational Officer, Kadapa, YSR Kadapa District., A.P. &: One CC to Sri Bharat Babu.N, Advocate [OPUC] 6. Two CCs to GP for School Education, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT i DATED:05/08/2025 S iiAUG?n» s JUDGMENT WA No. 868 OF 2025 to . Current iecitori V? ‘'ATQ'-r^ DISPOSING OF THE W.A. WITHOUT COSTS