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2025 DAILYLAW 40476 (AP)

SRI MUNNANGI JAIPAL MINORITY CHRISTIAN (SMJMC) AIDED PRIMARY SCHOOL v. SRI KONA SASIDHAR IAS

CC/1720/2025 · 2025-11-26

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 APHC010335272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 1720/2025 Between: 1. SRI MUNNANGI JAIPAL MINORITY CHRISTIAN (SMJMC) AIDED PRIMARY SCHOOL, R.C.C NO. 602E38, RANIGARI THOTA, KRISHAN LANKA, VIJAYAWADA - 520013, NTR (ERSTWHILE KRISHNA) DISTRICT, REP. BY ITS SECRETARY AND CORRESPONDENT M. JOHN MOHAN S/O JAIPAL, AGED 63 YEARS ...PETITIONER AND 1. SRI KONA SASIDHAR IAS, PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. SRI V.VIJAY RAMA RAJU IAS, COMMISSIONER OF SCHOOL EDUCATION, ANDHRA PRADESH, VIDYA BHAVAN, BESIDE HAPPY RESORTS, MANGALAGIRI, GUNTUR DISTRICT. 3. SRI P.V.J RAMA RAO, DISTRICT EDUCATIONAL OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. ...CONTEMNOR(S): Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Contemnor(S): 2 1. RAMA CHANDRA RAO GURRAM The Court made the following: ORAL ORDER: Heard Sri K. Jyothi Prasad, learned Counsel for the Petitioner and Sri G. Rama Chandra Rao, learned Counsel appearing for all the Respondents. 2. Sri G. Rama Chandra Rao, learned Counsel appearing for all the Respondents, submits that the Counter Affidavit has been filed by Respondent No.1 clarifying the position as regards the doubt expressed by this Court in para 2 of the Order dated 19.11.2025. He would submit that the Order dated 05.01.2023 in W.P.No.30927 of 2022 and batch, on which the Petitioner herein has placed reliance, had clearly stated in sub-para (i) of para 9 that the vacancies shall be filled up only after taking into account the teacher-student ratio as per the schedule prescribed under Sections 19 & 25 of the Right of Children to Free and Compulsory Education Act, 2009. 3. Sri G. Rama Chandra Rao, learned Counsel, has also drawn the attention of this Court to the averments in the Counter Affidavit filed by Respondent No.1 and would submit that in respect of the Petitioner’s School, the Official Respondents have assessed the teacher-student ratio and calculated that the Petitioner School would be entitled to have only three aided posts and that since two posts are already filled up, one post is required to be now filled up. This position is not disputed by the learned Counsel for the Petitioner inasmuch as the same is the settled law existing as on today. 4. It is also submitted that by Sri G. Rama Chandra Rao, learned Counsel appearing for the Respondents that for the purpose of filling up of one vacant aided post, the necessary Proceedings have already been issued by Respondent Nos.1 & 2. He would submit that Respondent No.3 would issue the consequential Proceedings during the course of the day today or by tomorrow. 3 5. This Court is satisfied with the explanation given by Sri G. Rama Chandra Rao, learned Counsel appearing for all the Respondents, as regards the issues raised by this Court. In this view of the matter, the Show Cause Notice issued against Respondent Nos.1 to 3 vide Order dated 19.11.2025 is hereby recalled. Since the Order of this Court has already been complied with, this Court is of the opinion that no further consideration is necessary. Accordingly, this Contempt Case is closed. No order as to costs. 6. In view of the apprehension expressed by the learned Counsel for the Petitioner, Petitioner is given liberty to seek for restoration of this Contempt Case if any further hurdles are created by the Respondents in respect of appointment of one aided post. In compliance with the Order of this Court dated 19.11.2025, Sri Kona Sasidhar (Respondent No.1) appears online. In view of the compliance, all the Respondents/Contemnors are discharged from this Contempt Case. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 27.11.2025 Vns