APHC010292982017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 25682/2017 Between: 1. C.S.PRAKASH, S/O C.G. KRISHNA RAO, AGED 52 YEARS, B. ED. ASSISTANT, SRI K.S.VYAS POLICE WELFARE ENGLISH MEDIUM HIGH SCHOOL, MULAPET, R/O NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGPUDI, AMARAVATHI, GUNTUR, GUNTUR DISTRICT. 2. THE COMMISSIONER DIRECTOR OF SCHOOL GOVERNMENT OF A P, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, 12TH WARD, ARUNDELPET, GUNTUR. 4. THE DIST EDUCATIONAL OFFICER SPSR NELLORE DIST NELLORE, - 5. SRI K S VYAS POLICE WELFARE ENGLISH MEDIUM HIGH SCHOOL, MULAPET, NELLORE, REP. BY ITS CORRESPONDENT. ...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 to pleased to issue an appropriate a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in admitting the post along with the services of the Petitioner into grant-in-aid inspite of the proceedings in Rc.No. 6540/B2/2011 dt. 28-01-2013 of the 4th respondent as illegal, arbitrary and consequently direct the 2 respondents to admit the post along with the services of the Petitioner into grant-in-aid with all the consequential benefits from the date of the appointment as Secondary Grade Teacher w.e.f. 12-06-1997 and as School Assistant [Maths] on promotion w.e.f. 01-11-2001 and to pass Counsel for the Petitioner: 1. VENKATESWARLU SANISETTY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) The court made the following ORDER: The instant writ petition under Article 226 of the Constitution of India is filed seeking the following main prayer:- “……declaring the inaction of the respondents in admitting the post along with the services of the Petitioner into grant-in- aid inspite of the proceedings in Rc.No. 6540/B2/2011 dt. 28- 01-2013 of the 4th respondent as illegal, arbitrary and consequently direct the respondents to admit the post along with the services of the Petitioner into grant-in-aid with all the consequential benefits from the date of the appointment as Secondary Grade Teacher w.e.f. 12-06-1997 and as School Assistant [Maths] on promotion w.e.f. 01-11-2001 and to pass.…….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for School Education. 3. On a perusal of the relief sought for in the writ petition, it appears that the petitioner is seeking appointment as SGT w.e.f. 12.06.1997 and for promotion to the post of School Assistant (Maths) w.e.f. 01.11.2001 in consonance with the proceedings dated 28.10.2013. 4. Learned counsel for the petitioner, while reiterating the averments in the affidavit filed in support of the writ petition, made submissions. 3 5. On the other hand, learned Assistant Government Pleader for School Education, while placing a copy of the proceedings dated 28.11.2025 issued by the 4th respondent, submits that the petitioner was initially joined in K.S.Vyas Police Welfare English Medium High School, Mulapet, Nellore(unaided school), which was functioning as per G.O.Ms.No.1. 01.01.1994 and he is not eligible for absorption of grant in aid post as per G.O.Ms.No.1 dated 01.01.1994 since the petitioner was joined in unaided school. Making the said submissions, he states that the petitioner has no locus standi to file the present writ petition. 6. On a consideration of the submissions made and in view of the fact that the petitioner has joined un-aided school, the question of seeking the post in grant in aid school does not arise, as both are different and distinct from each other. 7. Apparently, the petitioner is not able to place any statutory provision as well as G.O. absorbing the un-aided staff against aided vacancies. Further, the averments made in the counter affidavit reveal that there is absolutely no grant-in-aid post to the 5th respondent un-aided school. 8. In the light of above facts and circumstances, there are no merits in the writ petition. Accordingly, the same is dismissed. No costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 20.12.2025 GVK 4 2 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.25682 of 2017 Date: 20.12.2025 GVK