K' [3504 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27320 OF 2017 Between: Guild of Service Aided High School, Kakinada, East Godavari District, Andhra Pradesh, Rep by its Correspondent. Smt Y Vansundhra Meher. ...PETITIONER AND 1. The State of Andhra Pradesh rep by its Principal Secretary, Higher Education Department Seeret|riat, Velgapudi, Guntur District 2. The Commissioner & Director# ^hool Education, Andhra Pradesh Ibrahimpainam, Krishna District 3. The Regional Joint Director oTSchool Education, Kakinada Andhra Pradesh State ^ 4. The District Educational dffrCeh Kakinada, East Godavari District. AndhraPradeshState. * ...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 an apprdpHate writ more in the nature of Writ of Mandamus declaring the action 6T'tHe 2"'^ Respondent, Commissioner of School Education, Andhra PradeshHh not communicating the lifting of the ban by the Government thr6ugfi?'Vlemo in No. 18836/SE.PS/A1/2012 Dated; 04-01-2017 and GOMs. No.40,SE (PS) 1 dated 30-6-2017 for tilling up of the vacant posts in Aided institutions and on the other hand issuing categorical instructions to the Regional Joint Director's and District Educational Officers in the State through Proceedings in RC. No.90/PS- 1/2010-3 Dated 20-7-2017 confiniri^ the permission to the Schools who Petitioners in Writ Petition No; 9B(33/2005 and hatch; are as being arbitrary. ■ K r illegal, subversive of rule of law and consequently direct the Respondents to forthwith receive the proposals- of the Management filling up the 2 vacant Aided posts and process for per the procedure contemplated in Go Ms. No: 1 Dated; 01.01.1094 and issue such other Writ or Order or direction as deemed fit and proper In the circumstances of as case. LA. NO: 1 OF 2017(WPMP. NO: 329dR qf 20171 Petition under Section 45ir^PC 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 District Educational Officer and Regional Joint Director of School Education to forthwith process the proposals of the Petitioner mahage'ment dated 06-06-2017 for filling up of the 2 vacant Aided posts in the ifisl'ftution of the provisions under GOMsL'Kld. and accord permission in terms 1. Dated; 1.1.1994 pending Writ Petition the interest of Justice l-A. NO: 2 OF 7ni« Between: ' ^ 1. The State of Andhra Pradtih ef'g by its Principal Secretary Education Department SeorelaVlat: Velgapudi, Guntur District 2. The Commissioner & DirectorW School Education Ibrahimpatnam, Krishna Dtstrict 3. The Regional Joint Director of^chool Education Pradesh State 4. The District Educational Officer, Kakinada, East Godavari Andhra Pradesh State. Higher Andhra Pradesh, Kakinada Andhra District. ... Petitioners/Respondents AND Guild of Service Aided High ScHdo^^Kakinada, Pradesh, Rep by its Correspondetelnt Y Vansundhra East Godavari District, Andhra -I Meher. ...Respondent/Petitio praying that in the circumstances petition, the High Court may be ner Petition under Section 154 CPC stated in the affidavit filed in support of the pleased to Vacate the interim orders dated 17.08.2017 made in WP. MP. No. 33948 of 2017 in WP. No. 27320 of 2017 Counsel for the Petitioner: SRI CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION (AP) THE COURT MADE THE FOLLOWING ORDER: ■p. V/ - APHC010703802017 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 WRIT PETITION NO: 27320/2017 KUNCHEAM Between: Correspondent. Guild Of Service Aided High School, AND PrI Secy Higher Education Dept Guntur Dist 3 Others Others counsel for the Petitioner; E.g.dist ...PETITIONER and...RESPONDENT(S) 1.CH SAMSON BABU Counsel for the Respondent(S); 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following ORDER: The instant writ petition is being filed by the petitioner-Educa tion Institution, challenging the action of the fill up the vacant posts in its School. respondents in not permitting them to 2. Heard learned counsel counsel for the petitioner and Sri Gurram Rama Government Pleader for School Education, State. representing Sri Ch. Samson Babu, learned Chandra Rao, learned appearing for the respondents 2 3. When the this Court by both matter is taken up for hearing, it brought to the notice of ' 'ssue had come /s the learned this Court in W.P.No.30927 counsels that similar i of 2022 and Batch, common order up before and this Court disposed said writ petitions vide of the certain directions to prayed for a sintiiar order in this writ petition for School compliance of the directions ongoing summer holidays for Schools. on 05.01.2023 with the respondents and hence as well. However (earned Government Pleader Education requested to grant reasonable time for to be rosued by this Court in view of the 4. Perused the and Batch. Relevant common order dated 05.01. portion of the said order i 2023 in W.P. No.30927 IS reproduced as under: of 2022 9 In view of the aUove stand taken by the are disposed ofwith the following Government, all the Petitions Writ directions; i) The respondent-authorities Petitioners-institutions ofG.O.Ms.No.l, Education, the Schedule are hereby directed to to fill up all the Aided permit the vacancies in terms and also as 19 & 25 of the Act dated 01.01.1994 prescribed under Sections per 2009; ii) In future also, to make applications the vacancies- whenever vacancies ari arise, the institutions have to the Competent authorities for filling up iii) On such applications, the institution about within a period of four and allot said surplus staff the Competent authorities shall inform surplus staff, date of application the availability of qualified (04) weeks from the on permanent basis- iv) If surplus staff inform the are not available, the Competent same and permit the petitioners- i authority shall - institutions to fill V. ,! up 3 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^. 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 ” Further, both the learned counsels have brought to the notice of this 5. 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. Accordingly, this Writ Petition is disposed of in terms of the above 6. 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 ■202(1) ALD 96 2MANU/AP/0045/2019 I 4 compliance, in view of (he difficulty Pleader, with the following expressed by the learned Government ^ direct/ons;- I. The respondent-authorities are hereby directed •he pet.t,oner-ins,itution ,0 fill up all the Aided •e terms of G aMs,No,1, Education and also as 19 & 25 of the Act to permit vacancies dated OI.OI.i9g4 per the Schedule 2009; prescribed under Sections to future also has to make filling up the whenever 'racanoies arise, the institution application to the Competent vacancies; authorities for III. On such application institution about the the Competent authorities availphiiih/ ^ / ^1 shall inform the staff, within application and f qualified surplus from the date of on permanent basis; a period of four (04) weeks allot said surplus staff (V. If surplus staff inform the vacancies preferably within are not available, the Competent same and permit the authority shall petitioner-institution to fill the up in accordance with the above said Rule a period of three (03) months V. So far as minority institutions procedure is not applicable i are concerned, the above are rono ^ allotment of are concerned, in viev, Of the Judgments this Court rendered i Government of surplus staff of Division Bench of in Modern High School, Andhra Pradesh Axene Res. High School Pradesh and Others^. Zamisthanpur .V and Others^ and Ester of Andhra and Others .V State VI. The entire authorities within receipt of a copy of this exercise shall be completed by the a period of four (04) months respondent- from the date of order. ,'202(I)aLD 96 '^ANLf/AP/0045/20 19 5 No costs. As a sequel, miscellaneous applications also stand closed. pending, if any. shall /■ / / Sd/- K KASIRAb AGHARI ASSISTANT REGISTRAR //TRUE COPY// SECnpi^^^ICER To The Principal Secretary, Higher Education Department, Secretariat Buildings, Velagapudi, Guntur District.(SPECIAL MESSENGER) The CoMmissioner & Director of School Education, Andhra Pradesh Ibrahimpatnam, Krishna District The Regional Joint Director of School Education, Kakinada Andhra Pradesh State The District Educational Officer, Kakinada, East Godavari District. Andhra Pradesh State.(Nos. 2 to 4 by RPAD) One CC to SRI. CH SAMSON BABU Advocate [OPUC] Two CCs to GP FOR SCHOOL EDUCATION (AP) .High Court Of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. 7. psk HIGH COURT \ DATED:02/05/2025 \ \ ORDER o\ X 2 4 SEP 2025 O ^ ^ Current section ^ y ^*ggSPATC^S?' WP.No.27320 of 2017 m. Co/: DISPOSING THE WRIT PETITION WITH NO COSTS