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2025 DAILYLAW 43006 (AP)

SHAIK AMEER BASHA v. The State of Andhra Pradesh,

WP/24381/2025 · 2025-10-16

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010476362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24381/2025 Between: 1. SHAIK AMEER BASHA, S/O. MAHABOOB PEERA, AGED 53 YEARS, OCC. TEACHER, R/O. 1-205, OPP. WATER TANK, TARLUPADU ROAD, MARKAPURTOWN AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL- SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIDYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 3. THE ASSISTANT DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIDYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 4. THE REGIONAL JOINT DIRECTOR RJD OF SCHOOL EDUCATION, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 5. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 6. THE DISTRICT EDUCATIONAL OFFICER, PRAKASAM DISTRICT AT ONGOLE. 7. THE DEPUTY EDUCATIONAL OFFICER, MARKAPURAM, PRAKASAM 2 DISTRICT. 8. N RADHIKA RANI, SGT (TELUGU), MPUP SCHOOL, KANDUKUR, TANGUTUR MANDAL, PRAKASAM DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in Rc.No.Spl/A3/2025, dt. 04.09.2025 issued by the 6th respondent whereby reverting the petitioner from the post of School Assistant (Social Studies)' to his original post of 'Secondary Grade Teacher (SGT-Telugu)' without properly considering his objections submitted on same day i.e., 04.09.2025 in response to Notice in Rc.No.Spl/A3/2025, dated 01.09.2025 issued by the 6th Respondent, as illegal, irregular, irrational. unconstitutional, violative of settled principles of service Jurisprudence and offends Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents particularly 6th Respondent to continue the Petitioner in the post of 'School Assistant (Social Studies)' and pass IA NO: 1 OF 2025 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 suspend the operation of proceedings in Rc.No.Spl/A3/2025, dt. 04.09.2025, issued by the 6th Respondent and consequently direct the Respondents to continue the Petitioner in the post of ‘School Assistant (Social Studies) at ZPHS, Meerjapeta, Tarlupadu Mandal, Prakasam District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24381 OF 2025 ORDER:- The present Writ Petition is filed declaring the Proceedings in Rc.No.Spl/A3/2025, dated 04.09.2025 issued by the 6th respondent whereby reverting the petitioner from the post of School Assistant to his original post of Secondary Grade Teacher without properly considering his objections submitted on same day i.e., 04.09.2025 in response to notice in Rc.No.Spl/A3/2025, dated 01.09.2025 issued by the 6th respondent as illegal and arbitrary. 2. Learned counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition. 3. Permission is accorded. 4. The Writ Petition, accordingly, is dismissed as withdrawn. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 17.10.2025 sj 4 175 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24381 OF 2025 Date: 17.10.2025 sj