[3504 ] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO TFIOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA WRIT PETITION NO: 34839 OF ?ni7 :: AMARAVA O L!. T. ■s. Tv; m-.: RAO KUNCHEAM Between: St Marry Fathima Aided Elementary School, I Andhra Pradesh, Rep by its Correspondent, K A Prakash Nandyal, Kurnool District ...Petitioner AND 1. The State of Andhra Pradesh rep by its Principal Secretary. School Education Department Secretariat, Velgapudi, Guntur District 2. The Commissioner & Director of School Education, Andhra, Pradesh, Ibrahimpatnam, Krishna District 3. The District Educational Officer Kurnool, Kurnool District., A.P. ...Respondents Petition under Article 226 of the the circumstances stated i Constitution of India praying that in in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ Mandamus declaring the action may more in the nature of Writ of of the 2"^ Respondent, Commissioner of School Education, Andhra Pradesh i Ban by the Government vi in not communicating the lifting of the vide Memo in No. 18836/SE.PS/A1/2017 enabling the filling up of the vacant posts institutions and on the other hand issuing executive instructions contrary to confining the permission to fill Dated; in Aided 04-01-2017 and the Statutory Rules and up the posts to the and batch; as being consequently direct the 3rd process the proposals of the Management Schools that are parties to Writ Petition No. 9503/2005 arbitrary, illegal, subversive of Rule of Law and Respondent to forthwith dated •i'' 28-08-2017 as per the procedure contemplated in Go Ms. No: 1 Dated: 01.01.1994; I.A. NO: 1 OF 2017(WPMP. NO: 43310 OF 2017) 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 3'''^ Respondent to forthwith process the proposals of the Petitioner management dated 28-08-2017 for filling up of 4 vacant Aided SGT posts in Petitioner School and accord permission in terms of the provisions under GO Ms. No. 1, Dated: 1.1.1994, pending Writ Petition the interest of Justice. Counsel for the PetItionenSRI. SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: APHC010835522017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 34839/2017 Between; St Marry Fathima Aided Elementary. School Nandyal Kurnool ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner: 1 .SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following ORDER: ...RESPONDENT(S) 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 posts in its School. 2. Heard learned counsel for the petitioner and Sri Gurram Rama Chandra Rao, learned Government Pleader for School Education, appearing for the respondents State. 3. When the matter is taken up for hearing, it is brought to the notice of this Court by both the learned counsels that similar issue had come up before 2 this Court in W.P.No.30927 of 2022 said writ petitions vide the respondents as well. However, learned requested to grant and Batch, and this Court disposed of the common order on 05 01 ^^-01-2023 with certain directions to and hence, they prayed for a similar order in this writ petition Government Pleader for School Education compliance of the directions ongoing summer holidays for Schools. reasonable time for issued by this Court in view of the to be 4. Perused the and Batch. Relevantcomnfon order dated 05.01.2023 in W.P.No.30927 of 2022 portion Of the said order is reproduced as under: 9. In view of the above Petitions are disposed of with stand taken by the Government, the following directions; all the Writ i) The respondent-authorities are hereby directed to permit the up all the Aided vacancies in terms dated 01.01.1994 and petitioners-institutions to fill ofG.O.Ms.No.l, Education, the Schedule also as per prescribed under Sections 19 & 25 of the Act, 2009; ii) .hevac:::r"°"""^=“----°-esfor„,linp have up iii) On such applications, the Competent authorities the institution abdut”K availability of qualified within a period of four (04) and allot said surplus staff shall inform surplus staff, weeks from the date of application on permanent basis; iv) tf surplus staff are no, available, the competent authority inform the same and permit the petitioners- Institutions to fill up vacancies in accordance with the above preferably within a period of two (02) months; shall the said Rule, / ' 3 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' and Ester Axene Res. High School and Others .V State of Andhra Pradesh and Others^. 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 ” 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. 5. 6. Accacdmgly, this Writ Petition is disposed of in terms of the-abe¥e common order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 & Batch, for the reasons alike, however, by extending the time for compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions;- '202(1)ALD 96 2 MANU/AP/0045/2019 4 The respondent the petitioner-institution to fill in terms of G.O.Ms.No. and also as -authorities are hereby directed to permit vacancies dated 01.01.1994 prescribed under Sections up all the Aided ■>> Education per the Schedule 19 & 25 of the Act 2009; In future also, has to make filling up the "tenever vacancies arise the i application to the Competent vacancies; - institution authorities for On such application, the Competent institution about the , a period of four (04) allot said surplus staff authorities shall inform -ilahiiityotc,ua,iherisum,nsstatt,:thin application and the weeks from the date of on permanent basis; iv. If surplus staff inform the are not available, the Competent ' permit the petitioner-i accordance with a period of three (03) authority shall same and vacancies in preferably within -institution to fill fhe above the up said Rule, months; V. So far as minority institutions Prooedcre is no, applicable insofar as allotment this Co r this Court rendered i are concerned, the above of surplus staff are s of Division Bench of ^oc/em Wsrf, Sc/ioo/, >flr7cfA;ra Prat/es/i School in ^amisthanpur .V Government of Axene Res. and Others^ and Others .V State and Ester of Andhra ^’’adesh and Others*. VI. The entire exercise shall be completed by the authorities within respondent- a period of four (04) months from the date receipt of a copy of this of order. ,'202(1)ald 96 MANU/AP/0045/2019 5 No costs. As a sequel, miscellaneous applications pending also stand closed. if any, shall Sd/- G. HELA NAIDU assistant registry //TRUE COPY// SECTION OFFICER To The Principal Secretary, School Education Department Secretariat, Velgapudi, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER) The Commissioner & Director of School Education, Andhra, Pradesh, Ibrahimpatnam, Krishna District The District Educational Officer Kurnool, Kurnool District., A.P. (Addressee Nos.2 & 3 BY RPAD) One CC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC] Two CCs to GP FOR SCHOOL EDUCATION, High Court Of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. HIGH COURT DATE0:02/05/2025 ORDER WP.No.34839 of 2017 DISPOSSING THE WRIT PETITIION