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High Court of Andhra Pradesh · body

2025 DAILYLAW 43101 (AP)

Aided High School, v. Sri Adar Sinha, I.A.S.,

CC/1428/2014 · 2025-03-10

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A,- IN THE HIGH COURT OF ANDHRA PRADESH AT TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE AMARAVATI PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY CONTEMPT CASE NO: 1428 OF 2014 SATTI Petition under Sections 10 to 12 of Contempt of Courts Act 1971, praying that in the circumstances stated in the affidavit fiie herein the High Court may be pleased to punish the Respondents deliberately disobeying the orders of this herein for willfully and Hon'ble Court and for committing contempt of this Hon'ble Court by not complying with the orders, dated 16.12.2013 passed by this Hon'ble Court in W.P.No.26220 of2013. Between: 1. Aided High School, Railway Colony, Giddalur, 2. Aided High School, Railway Colony, Oddulavagulapaly, Prakasam District. 3. St.Paul's Aided High School, Society Colony, Giddalur, Prakasam District. Prakasam District. 4. Aided Primary School, Oddulavagulapaly, Prakasam District. 5. Aided Elementary School, Society Colony, Giddalur, 6. Aided Elementary School, Nallabanda Bazar, Prakasam District. Giddalur, Prakasam District. Railway Colony, Giddalur, Prakasam 7. St.Paul's Aided Primary School District. 8. St.Paul's Aided Primary School, District. 9. D.M.R. Upper Primary School, Giddalur, Prakasam Railway Colony, Giddalur, Prakasam District. (All the above institutions are Rep. by the Secretary & Correspondent St.Paul's Educational Society, G.Aseervadam, S/o.Mojes, Aged about 65 years, Giddalur, Prakasam District.) ...Petitioners/ Petitioners AND 1. Sri Adar Sinha, Education Government Hyderabad. 2. Smt.Usha Rani, Government of A.P., Saifabad, Hyderabad. (Discharged) [R2 is discharged from this Contempt case as per court order dated 11.03.2025 vide I.A No. 4 of 2022 in CC No.1428 of 2014] 3. Smt.P.Parvathi, Regional Joint Region, Guntur. 4. Sri B.Vijaya Bhaskar, S/o.Bhaskara Guntur, Guntur District. I.A.S., Principal Secretary to Government of Andhra Pradesh, Secretariat School Buildings, Commissioner & Director of School Education Director of School Education, Guntur Rao, District Educational Officer, ...Respondents/ Respondents 1,3,4,5 in WP 5. Sri P.Sudhakar, Special Chief Secretary, , Secretariat Buildings, Velagapudi, Amaravathi 6. Sri B.Rajasekher, Principal Secretary Department, Secretariat Buildings, Velagapudi 7. Sri K.Suresh Kumar, Commissioner Government of A.P. School Education Department, , A.P. to Government, School Education , Amaravathi, A.P. & Director of School Education 8. Sri V.S.Subba Rao, The Regional Guntur Region, Guntur. Joint Director of School Education APHC010557352014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 1428/2014 Between: Aided High School, and Others ...PETITIONER(S) AND Sri Adar Sinha IA S and Others Counsel for the Petitioner(S): • 1.G ELISHA Counsel for the Contemnor(S): 1.KVRAGHU VEER 2.LVS NAGARAJU The Court made the following order: The above contempt case is filed complaining non-implementation of the order dated 16.12.2013 in W.P.No.26220 of 2013. ...CONTEMNOR(S) 2. The above writ petition is filed by the petitioners’ institutions, represented by the Secretaries and Correspondents, to declare the action of the respondents in not allowing the petitioner schools for filling up clear aided vacagcies, which fell vacant due to retirement / death, on the ground of ban on recruitment in private aided management schools imposed vide G.O.NO.12080/COSE/A4/2004 dated 29.10.2004, as illegal and arbitrary. / The said writ petition was disposed of on 16.12.2013. The operative portion of the order reads as under: 3. “Hence, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner - institutions for according permission to fill up the aided vacancies, subject to fulfillment of all other conditions governing the subject, disregarding the Government Memo dated 20.10.2004 within three months from the date of receipt of a copy of this order.” 4. In the affidavit filed in support of the contempt case, it was pleaded that in pursuance of the order dated 16.12.2013, legal notice dated 17.04.2014 was issued. However, there was no response from the respondents. When the matter was listed on 04.03.2025, Sri K.V. Raghuveer, learned counsel for respondent No.1 produced a copy of Lr.Rc.No.6467/B1/2014 dated 04.03.2025 addressed by the District Educational Officer, Prakasam District, Ongole. A perusal of the same would discern that the Regional Joint Director of School Education, Guntur and the District Educational Officer, Ongole, vide proceedings Rc.No.3449/B1/2023-1 dated 13.10.2023 and Rc.No.4192/C2/2023 dated 12.10.2023 respectively, accorded permission to fill up the posts as mentioned therein. A copy of the letter is handed over to the learned for the petitioners, across the bar. 5. 6. Given the above proceedings, the order dated 16.12.2013 has been complied with, however with some delay. Therefore, in the considered opinion of this court, the respondents did not commit any contempt by not implementing the order dated 16.12.2013 in W.P.No.26220 of 2013. 7. Hence, this contempt case is closed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Sri Adar Sinha, I.A.S. Principal Secretary to Government School Secretariat Buildings, Education, Government of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. 2. Smt. Usha Rani, Commissioner & Director of School Education, Guntur District, of School Education, Guntur Government of A.P., Saifabad, Velagapudi, Amaravathi 3. Smt. P.Parvathi, Regional Joint Director Region, Guntur. 4. Sri B.Vijaya Bhaskar, S/o.Bhaskara Guntur, Guntur District. Rao, District Educational Officer 5. Sri P.Sudhakar, Special Chief Secretary, School Education Secretariat Buildings, Velagapudi, Amaravathi, A.P. 6. Sri B.Rajasekher, Principal Secretary to Government Department School Education A.P. & Director of School Education, Department, Secretariat Buildings, Velagapudi, Amaravathi 7. Sri K.Suresh Kumar, Commissioner Government of A.P. 8. Sri V.S.Subba Rao, The Regional Joint Director Guntur Region, Guntur. 9. One CC to Sri G. Elisha, Advocate [OPUC] One CC to Sri K.V.Raghu Veer, Advocate [OPUC] One CC to Sri L.V.S.Naga Raju, Advocate [OPUC] Three CD Copies of School Education 10. 11. 12. MV sree HIGH COURT DATED: 11/03/2025 ORDER CC.No.1428 of 2014 gf 0 h SEP 2025 m Co .J^SiQufrwt CLOSING THE CONTEMPT CASE WITHOUT COSTS