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2025 DAILYLAW 30235 (AP)

S.T.V.N. HINDU HIGH SCHOOL v. The State of Andhra Pradesh

WP/27374/2017 · 2025-08-31

Maheswara Rao Kuncheam

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Judgment text

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APHC010435742017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27374/2017 Between: 1. S.T.V.N. HINDU HIGH SCHOOL, PENTAPADU WEST GODAVARI DISTRICT ANDHRA PRADESH, REP BY ITS CORRESPONDENT SRI P SATYANARAYANA SASTRY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT 2. THE COMMISSIONER DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, IBRAHIMPATNAM, KRISHNA DISTRICT 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KAKINADA ANDHRA PRADESH STATE 4. THE DISTRICT EDUCATIONAL OFFICER, ELLURU, WEST GODAVARI DISTRICT. ANDHRA PRADESH STATE ...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 an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2nd Respondent, Commissioner of School Education, Andhra Pradesh in not communicating the lifting of the ban by the Government through Memo in No. 18836/SE.PS/A1/2012 Dated: 04-01-2017 and GOMs. No.40, SE (PS) 1 dated 30-6-2017 for filling up of the vacant 2 posts in Aided institutions and on the other hand issuing categorical instructions to the Regional Joint Director's and District Educational Officers in the State through Proceedings in RC. No.90/PS-1/2010-3 Dated 20-7-2017 confining the permission to the Schools who are Petitioners in Writ Petition No: 9503/2005 and batch; as being arbitrary, illegal, subversive of rule of law and consequently direct the Respondents to forthwith receive the proposals of the Management and process for filling up the 2 vacant Aided posts as per the procedure contemplated in Go Ms. No: 1 Dated: 01.01.1994; and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case. IA NO: 1 OF 2017(WPMP 34017 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 Respondent's District Educational Officer and Regional Joint Director of School Education to forthwith process the proposals of the Petitioner management dated 25-02-2017 for filling up of the 2 vacant Aided posts in the institution and accord permission in terms of the provisions under GO Ms. No. 1 Dated: 1.1.1994, pending Writ Petition the interest of Justice. IA NO: 1 OF 2018 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 pleased to vacate the Interim direction granted in W.P.M.P.No.34017 of 2017 in W.P.No.27374 of 2017 dated 17.08.2017 and to pass Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) 3 The Court Made the Following Order:- This Writ Petition under Article 226 of the Constitution of India is filed by the petitioner seeking the following relief: “to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2nd Respondent Commissioner of School Education Andhra Pradesh in not communicating the lifting of the ban by the Government through Memo in No.18836/SE.PS/A1/2012 Dated 04-01-2017 and GOMs.No.40, SE(PS) 1 dated 30-6-2017 for filling up of the vacant posts in Aided institutions and on the other hand issuing categorical instructions to the Regional Joint Director’s and District Educational Officers in the State through Proceedings in RC.No.90/PS-1/2010-3 Dated 20-7-2017 confining the permission to the Schools who are Petitioners in Writ Petition No.9503/2005 and batch; as being arbitrary, illegal, subversive of rule of law and consequently direct the Respondents to forthwith receive the proposals of the Management and process for filling up the 2 vacant Aided posts as per the procedure contemplated in GoMs.No.1 Dated 01-01-1994 and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case...” 2. Sri Palegari Jayachandra Reddy, learned counsel appearing on behalf of Sri M. Vijay Muthukumilli, learned counsel for the petitioner would submit that in view of the subsequent events taken place in the lis, the cause in the Writ Petition does not survive for further adjudication and the Writ Petition has become infructuous. 3. Recording the submission made by the learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _____________________________ MAHESWARA RAO KUNCHEAM, J Date: 01.09.2025 BSM 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO.27374 of 2017 01.09.2025 BSM