APHC010735582017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 33414/2017 Between: 1. CORRESPONDENT, VIDYANIKETAN AIDED UPPER PRIMARY SCHOOL & 10, AKKAYAPALLY, KADAPA DISTRICT.,REP., BY ITS CORRESPONDENT B. ROSHAIAH S/O B.SUBBAIAH, AGED ABOUT 73 YEARS, R/O 9-183-2, NABI KOTA, KADAPA-516003. 2. SRI CHANDRAMOULI,, VIDYANILAYAM, AIDED ELEMENTARY AND HIGH SCHOOL, PRAKASAM NAGAR, KADAPA, REP., BY ITS CORRESPONDENT P. VENKATESWARA RAO, S/O VENKATA RATNAM, AGED ABOUT 38 YEARS, D.NO.43/7/1, KADAPA. 3. VIDYASAGAR AIDED U.P.SCHOOL,, VISHWANADHA PURAM, CK. DINNE MANDAL, KADAPA, REP., BY ITS CORRESPONDENT V.J.WILLIUM KRUPAKARA RAO, S/O LATE V. WILLIUM JOSEPH, AGED ABOUT 63 YEARS, D.NO.101-162-3-2, KADAPA. 4. SRI LAL BAHUDUR SASTRY MEMORIAL AIDED U.P. SCHOOL,, KUMMARI KUNTA, KADAPA, REP., BY ITS CORRESPONDENT SMT N. KUSUMAMBA, W/O RAMAMURTHY, AGED ABOUT 70 YEARS, D.NO.14- 54, PEDDABESTHA VEEDHI, KADAPA. 5. AIDED U.P. SCHOOL, BALIJAPALLY,, C.K.DINNE MANDAL, KADAPA, REP., BY ITS CORRESPONDENT SMT. M.LAXMI DEVI, W/O M C VEERAIAH, AGED ABOUT 44 YEARS, D.NO. 92-242, BALIJAPALLY VILLAGE, MAMILLAPALLY POST, C.K. DINNE MANDAL, KADAPA. 6. SOKCA AIDED ELEMENTARY HIGH SCHOOL,, VENKATESHWARA PURAM, VEMULA MANDAL, KADAPA DISTRICT, REP., BY ITS CORRESPONDENT K. CHALAPATHI, S/O K.OBAIAH, AGED ABOUT 60 YEARS, H.NO. 92-242, KADAPA DISTRICT. 7. SKCA AIDED ELEMENTARY SCHOOL,, MALLAPURAM, VEMULA MANDAL, KADAPA DISTRICT, REP., BY ITS CORRESPONDENT K. CHALAPATHI, S/O K.OBAIAH, AGED ABOUT 60 YEARS, H.NO. 92-242, MALLAPURAM, KADAPA. 2 8. SRI INNA REDDY MEMORIAL AIDED U.P, SCHOOL,, CHINNA CHOWK, KADAPA, REP., BY ITS CORRESPONDENT C. SURENDRANTH REDDY, S/O C. NARAYANA SWAMY, AGED ABOUT 50 YEARS, D.NO.39-317-2-5, VIVEKANANDA NAGAR, KADAPA. 9. SREE YOGI VIDYALAYAM AIDED ELEMENTARY SCHOOL,, ]AYANAGAR COLONY, KADAPA, REP., BY ITS CORRESPONDENT B.REVATHI DEVI, W/O J. S SUDHAKAR, AGED ABOUT 59 YEARS, D.NO.42-66/1, NGO COLONY, KADAPA 10. SRI SHANTI AIDED U.P. SCHOOL,, SASTRY NAGAR, AKKAYAPALLI, RAVINDRANAGAR, KADAPA, REP., BY ITS, CORRESPONDENT K. PHELOMENAMMA, W/O S. ELIAS REDDY, AGED ABOUT 70 YEARS, D.NO.11/243, NEAR IQBAL RICE MILL, CHEMMUNIAHPETA, RAVINDRA NAGAR, KADAPA. 11. SRI PICHAMMA ORIENTAL ELEMENTARY & UP SCHOOL,, TIRUVENGALAPURAM, KADAPA DISTRICT. REP., BY ITS CORRESPONDENT P.VENKATA SUBBAIAH, S/O P. VENKATA SUBBAIAH, AGED ABOUT 58 YEARS, R/O H.NO.1-30-2, TIRUVENGALAPURAM, KADAPA DISTRICT. ...PETITIONER(S) AND 1. DEO YSR KADAPA DIST 3 OTHERS, YSR KADAPA DISTRICT. 2. THE COMMISSIONER DIRECTOR OF SCHOOL EDUCATION, A.P., IBRAHIMPATNAM, ARNARAVATHI. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA. 4. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, SCHOBL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, TULLUR MANDAL, GUNTUR 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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not according permission to the petitioners to fill up the vacant grant-in-aid posts, even though similarly placed schools were permitted vide G.O.Ms.No.40 School Education(PS) Department dt.30.06.2017 under the guise of implementation of orders in W.P.No.9503/2005 and Batch dated 30.03.2013, as illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India and consequently, direct the respondents to accord permission to the petitioners to fill up the vacant grant-in- aid posts in their respective institutions in accordance with Rules as was done in respect of similarly placed persons vide G.O.Ms.No.40 School Education(PS) Department dt.30.06.2017, by extending ratio of orders in W.P.No.9503/2005 and 3 Batch dated 30.03.2013 and orders in W.A.M.P.No.663/2014 in W.A.No.216/2014 dated 25.02.2014, in favour of the petitioners with all other attending benefits Counsel for the Petitioner(S): 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR EDUCATION (AP) The Court made the following ORDER: The instant writ petition is being filed by the petitioner-Education Institution, challenging the action of the respondents in not permitting them to fill up the vacant aided teaching posts in its School. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for School Education, appearing for the respondents State. 3. Learned counsel for the petitioner submits that similar issue had come up before this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the said writ petitions vide common order on 05.01.2023 with certain directions to the respondents. Hence, he prays for a similar order in this writ petition as well. 4. On the other hand, the learned Assistant Government Pleader for School Education has not disputed the above aspect of passing common order by this Court. While placing a copy of G.O.Ms.No.30 dated 11.07.2025 issued by the Government of Andhra Pradesh, he submits that amendments were made to Rules 12 & 13 of the A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Schools under 4 Private Management) Rules, 1993 and therefore, the petitioner has to comply with the amended terms thereof. 5. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 and Batch. The relevant portion of the said order is reproduced as under: “……9. In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions: i) The respondent-authorities are hereby directed to permit the petitioners-institutions to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009; ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; iii) On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis; iv) If surplus staff are not available, the Competent authority shall inform the same and permit the petitioners- institutions to fill up the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; v) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of Division Bench of this Court rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others 1 and Ester 1 202 (1) ALD 96 5 Axene Res. High School and Others V. State of Andhra Pradesh and Others2. vi) The entire exercise shall be completed by the respondent- authorities within a period of three (03) months from the date of receipt of a copy of this order……” 6. Further, both the learned counsels have brought to the notice of this Court that, as of now, no appeal has been filed challenging the aforesaid common order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When identical matter fell for consideration in W.P.No.4999 of 2024, this Court disposed of the said writ petition on 27.02.2024 by following the aforesaid common order. In view of the series of orders on the same subject matter, this Court is of the considered opinion that the facts of the present case are also squarely covered by the common order dated 05.01.2023 of this Court. 7. Accordingly, this Writ Petition is disposed of in terms of the above common order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 & Batch, for the reasons alike, however, with the following directions:- i. The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994, as amended in G.O.Ms.No.30 dated 11.07.2025 and as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009; ii. In future also, whenever vacancies arise, the institution has to make application to the Competent authorities for filling up the vacancies; 2 MANU/AP/0045/2019 6 iii. On such application, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis; iv. If surplus staff are not available, the Competent authority shall inform the same and permit the petitioner-institution to fill up the vacancies in accordance with the above said Rule, preferably within a period of three (03) months; v. So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of the Division Bench of this Court rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others3 and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others4. vi. The entire exercise shall be completed by the respondent- authorities within a period of four (04) months from the date of receipt of a copy of this order.” No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Note: Registry to attach a copy of orders dated 05.01.2023 passed in W.P.No.30927 of 2022 & batch B/o. GVK 3 202 (1) ALD 96 4 MANU/AP/0045/2019 7 109 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.33414 of 2017 Dt. 24.12.2025 GVK