APHC010455822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23884 OF 2025 Between: 1. SMS SANSKRIT HIGH SCHOOL, Rep by its Correspondent Sri. D. Prabhakara Sarma Kovvur Village and Mandal East Godavari District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary. Department of School Education 4th Block, Floor, Room No. 267 Secretariat Buildings, Tullur Velagapudi, Guntur District - 522501 2. The Commissioner and Director Department of School Education, Government of Andhra Pradesh Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur Andhra Pradesh. 3. The District Educational Officer, Rajahmundry, East Godavari District Andhra Pradesh. 4. The Regional Joint Director of School Education, Main Road, Kakinada Kakinada, Erstwhile East Godavari District, Andhra Pradesh - 533001. ...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 to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the SRK, J WP No.23884 of 2025 2 Respondents in not granting permission to fill up the 10 vacant Aided posts in the Petitioner institution, despite representation made by the Petitioner on 29-08-2025 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and in contravention to the AP Education Act 1982 and Right to Education Act 2009 and rules framed thereunder and consequently direct the Respondents 2 to 3 to permit the Petitioner institution to fill up the 10 vacant Aided posts as per the proposal submitted by the Petitioner institution on 29-08-2025. Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR SCHOOL EDUCATION SRK, J WP No.23884 of 2025 3 The Court made the following ORDER: This writ petition came to be filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue an appropriate Writ more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not granting permission to fill up ten (10) vacant Aided posts in the Petitioner institution, despite representation made by the Petitioner on 29.08.2025 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and in contravention to the AP Education Act, 1982 and the Right to Education Act, 2009 and Rules framed thereunder and consequently direct the Respondents 2 and 3 to permit the Petitioner institution to fill up ten (10) vacant Aided posts as per the proposal submitted by the Petitioner institution on 29.08.2025 and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case” 2. Heard Sri Mathukumilli Sri Vijay, learned counsel for the petitioner and learned Assistant Government Pleader for School Education. 3. During hearing, learned Assistant Government Pleader for School Education as well as learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.30927 SRK, J WP No.23884 of 2025 4 of 2022 and batch, dated 05.01.2023, wherein a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said order reads as under: “In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions: i) The respondent-authorities are hereby directed to permit the petitioners-institutions to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19&25 of the Act, 2009; ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; iii) On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis; iv) If surplus staff are not available, the Competent authority shall inform the same and permit the petitioners-institutions to fill up the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; v) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of Division Bench of this SRK, J WP No.23884 of 2025 5 Court rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others, (2002(1) ALD 96) and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others, (MANU/AP/0045/2019). vi) The entire exercise shall be completed by the respondent-authorities within a period of three (03) months from the date of receipt of a copy of this order.” 4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of. There shall be no order as to costs. Registry is directed to attach the copy of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 to this order. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:09.09.2025 Nsr SRK, J WP No.23884 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.23884 of 2025 Date:09.09.2025 Nsr