IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14236 OF 2018 Between: DR. B.R. Ambedkar Aided Elementary School, Rep by its Correspondent Sri S. Yedukondalu, S/o. Yellamanda, Aged 37 years, R/o. H.No.19-09-107, Etukuru Road, Chakaligunta, Gandhi Nagar, Guntur, ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary Education Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The Director of School Education, State of Andhra Pradesh, Ibrahimpatnam Vijayawada, Krishna District 3. The District Educational Officer, Guntur, Guntur District ...Respondents 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 issue a Writ Oder or direction more particularly one in the nature of Writ of Mandamus, declaring the action on the part of the respondents failure to accord permission pursuant to proposals submitted by the petitioner on 24.3.2018 respectively to fill the three vacant aided in the petitioner Schools as required to be accorded as per the provisions of the Education Act and rules made there under, as illegal, arbitrary and consequently direct the respondents to accord permission to fill the three vacant aided S.G.T. posts in the petitioner School. lA NO: 1 OF 2018 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 to direct the respondents 1 to 3 to accord permission to fill the vacant aided teaching posts on consideration of proposals submitted by the petitioner on 24-3-2018, pending disposal of the Writ Petition before this Hon'ble Court, Counsel for the Petitioner: SRI N SUBBA RAO Counsel for the Respondents No.1 to 3: GP FOR SCHOOL EDUCATION (AP) The Court made the following: Order I APHC010313502018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14236/2018 Between: Dr. B.r. Ambedkar Aided Elementrary School AND ...PETITIONER The State Of Ap and Others Counsel fdr the Petitioner: 1.N SUBBARAO Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following: ORDER: ...RESPONDENT(S) This Writ Petition is filed under Article 226 of Constitution of India the following prayer for; with “...to issuea writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents failure to accord permission pursuant to proposals submitted by the petitioner respectively to fill the three vacant aided in the petitioner Schools as required to be accorded as per the provisions of the Education Act and rules made there illegal arbitrary and consequently direct the respondents to accord permission to fill the three vacant aided SGT posts in the petitioner School and pass on 24.03.2018 under as 2 2. Heard Sri M.Koteswara Rao, learned Counsel representing Sri N.Subba Rao, learned Senior Counsel for the Petitioner and learned Assistant Government Pleader for School Education for the respondents. 3. Learned Counsel for the Petitioner would submit that it is a covered matter by virtue of the orders passed in W.P.No.30927 of 2022 and its batch by a Coordinate Bench of this Court, wherein the petitions are allowed with some directions. This matter also be disposed of in the same lines. Learned Assistant Government Pleader brought to the notice of the Court that though it is a covered matter, during the pendency of the present petition, as per the written instructions received from respondent No.3 18.02.2025, he along with the M.E.O, inspected the subject school where they found some irregularities in maintaining the attendance of the students and also the quality of the amenities and educational standards maintained by the school, accordingly they have issued show cause notice to the present petitioner who is the correspondent of the school for seeking the explanation. The written instructions would further show that the action will be taken against the school to close it by withdrawing the recognition by granting aid by following the procedure. Learned Assistant Government Pleader would further submit that liberty may be given to the authorities to proceed against the subject school on the irregularities found by the authorities. Considering the submissions made, the writ petition is disposed of, in the same lines as W.P.No.30927 of 2022 and its batch. For ready reference, it 4. on 5. 6. 7. 3 beneficial to extract the operative portion of the order in W.P.No.30927 of 2022 and its batch, dated 05.01.2023:- T “9. . In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions: 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.l, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009; i) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; ii) 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; 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; 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 ^ and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others^. iii) iv) V) 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;” In that view of the matter, the writ petition is disposed of with the above observations. However, it does not preclude the respondent authorities to proceed with the show cause notice which was issued against the petitioner by following due process of law. No order as to costs. 8. 1 2002 (1) ALD 96 2 mANU/AP/0045/2019 Pending applications, 'fany, shall stand closed. naidu ASSISTANT REGISTRAR //TRUE COPY// To, fiy 1 The Prindoal SECTION OFFICER Ibrahimpatnam Vijayawa°da, Krishna D?stricT^'® 3. The District Educational Officer, Guntur, Guntur 4. One CC to SR, N SUBBA RAO Advocate [OPUCJ Andhra Pradeshpuif EDUCATION 6. Three CD Copies Pradesh, District (AP), High Court of gsg HIGH COURT DATED: 27/03/2025 ORDER WP.No.14236 of 2018 DISPOSING THE WP WITHOUT COSTS