1 APHC010574302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30232 OF 2024 Between: 1. ST ANTHONYS R C M HIGH SCHOOL FOR GIRLS, REP. BY ITS CORRESPONDENT. SISTER MARY KUMARI, D/O. KANAKAMBARAM, AGED ABOUT 65 YEARS, OCC. CORRESPONDENT, R/O. D.NO.12-11-52, RAJA RANGAIAH APPARAO STREET, TARAPET, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, SCHOOL EDUCATION DEPARTMENT, VIJAYAWADA. 3. THE DISTRICT EDUCATION OFFICER, NTR DISTRICT AT VIJAYAWADA. 4. THE DISTRICT EDUCATION OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 2 1. GP FOR SCHOOL EDUCATION The Court made the following ORAL ORDER: Heard Sri P.S.P. Suresh Kumar, Ld. Counsel for the Writ Petitioner and Sri Gurram Rama Chandra Rao, Ld. Government Pleader for Education. 2. The present Writ Petition is filed with the following prayer: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not permitting the Petitioner School to recruit the non-teaching staff in accordance with G.O.Ms. No.1, dated 01/01/1994 and not taking into consideration of the representations of the Writ Petitioners dated 02/11/2024, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14 and 19 (1)(g) of the Constitution of India and violation of Rules framed by the Government of Andhra Pradesh in G.O.Ms. No.1 Education, dated 01/01/1994 and consequently direct the Respondents to permit the Writ Petitioner School to fill-up the vacancies of non- teaching staff, and pass such other order or orders as this Hon’ble Court may deems fit and proper in the interest of justice.” 3. It is clear from the above prayer that the Writ Petitioner is seeking to recruit non-teaching staff according to the G.O.Ms. No.1, Education (P.S.2), dated 01.01.1994 (Ex.P.9). Ld. Counsel for the Writ Petitioner has also drawn the attention of this Court to an Order passed by this Court in a batch of Writ Petitions bearing W.P.No.30927 of 2022 and batch dated 05.01.2023, where several directions have been issued in terms of G.O.Ms. No.1, Education (P.S.2), dated 01.01.1994 and also as per the schedule prescribed under Section 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). 3 4. Sri Gurram Ramachandra Rao, Ld. Government Pleader for Education would submit that he is not opposed to the prayer made in the Writ Petition and may be disposed of in the same terms as prayed for. 5. Having considered the submissions of both the Counsel, this Court deems it appropriate to allow this Writ Petition at the admission stage, without going into merit with a direction to the Official Respondents to permit the Writ Petitioner to recruit the non-teaching staff in accordance with G.O.Ms. No.1, Education (P.S.2), dated 01.01.1994 read with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). 6. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt.03.04.2025 Mnr 4 120 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.30232 OF 2024 Dt.03.04.2025 Mnr