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2025 DAILYLAW 46971 (AP)

T M RAO HIGH SCHOOL v. KONA SASIDHAR IAS

CC/4291/2024 · 2025-02-09

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 4291 OF 2024 Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to punish the respondents for intentionally, willfully, deliberately, violating the orders passed by this Hon'ble High Court dated 09-01- 2024 made in W.P.No.606 of 2024 Between: T M Rao High School, Batiprolu, Guntur District, rep.by its Correspondent and Secretary P. Mallikarjuna Rao, S/o P.R.K. Gupta, aged about 68 years, Battiprolu village and Mandal, Bapatal District. ...PETITIONER AND Kona Sasidhar IAS, The State of A.P., Rep. by its PrI. Secretary, Education Department, Secretariat Buildings, Velagapudi, Amafavati Guntur District. 1. V.Vijay Ram Raj,I.A.S.,, The Commissioner of School Education, Education Department, Vidya bhavan, Venkatadiri towers,Atmakur(V ) Mangalagiri(M), Guntur District -522503. 2. B. Lingeshwar Reddy,, Regional Joint Director, School Education Guntur. 3. I 4. C.V. Renuka, District Educational Officer, Guntur, Guntur District. ' 5. S.Purushothham,, District Educational Officer, Bapatia, Bapatia District. ...CONTEMNORS Counsel for the Petitioner :SRI. DEVI PRASAD MANGALAPURI Counsel for the Respondents :SRL RAMA CHANDRA RAO GURRAM The Court made the followingiORDER 1 % ' AI?HC010500412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 4291/2024 Between; T M Rao High School ...PETITIONER AND Kona Sasidhar las and Others ...CONTEMNOR{S) Counsel for the Petitioner: 1.DEVI PRASAD MANGALAPURI Counsel for the Contemnor{S): 1. 2. RAMA CHANDRA RAO GURRAM 3.. The Court made the following: 2 ORDER: This Contempt Case is filed for willful violation of the orders passed by this Court in W.P.No.606 of 2024 on 09.01.2024, operative portion of which, reads as unden ts. The relevant portion of the order, dated 05.01.2023 in W.P.No.30927 of 2022 and batch reads as follows: 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; Hi) On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of (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 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. 6. Having regard to the facts and circumstances, this Writ Petition^i^disposed of, in terms of the common order passed in are 3 W.P.No.30297 of 2022 and batch, dated 05.01.2023. No order as to costs. ” Today when the matter is taken up for hearing, learned counsel representing the respondents have placed on record the proceedings of the Government dated 06.02.2025. As per which, in pursuance of the orders passed by this Court, permission was accorded to fill up the vacant aided teaching posts in respect of the petitioner’s institution. Thereafter 07.02.2025, the Government has addressed a letter to the Director Coordination as well as to the District Educational Officer, informing the and on the same day i.e., 07.02.2025, the Regional Joint Director of School Education, Guntur has issued proceedings requesting the District Educational Officer, Erstwhile Guntur to take necessary action immediately as ordered by the Government, Director of School Education, AP, Amaravathi vide Memo No.ESEOI/2/2025-PS, dated 06.02.2025 as well as on 07.02.2025. 2. on same 3. As the Government has already accorded permission to fill up the vacant aided teaching posts in pursuance of the orders passed by this Court in W.P.No.606 of 2024 and thereafter the Regional Joint Director of School Education, Guntur has also informed the same to the petitioner institution, this Court is of the opinion that the orders passed by this Court has already been complied with. 4. In view of the same, the Contempt Case is closed. There shall be no order as to costs. X 4 As a sequel, miscellaneous applications, pending, if any, shall also Sd/- SHAIK MOHD RAFI ASSISTANT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1. Kona Sasidhar IAS, The State of A.P., Rep. by its PrI. Secretary, Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. V.Vijay Ram Raj,I.A.S.,, The Commissioner of School Education, Education Department, Vidya bhavan, Venkatadiri towers,Atmakur(V) Mangalagiri(M), Guntur District -522503. 3. B. Lingeshwar Reddy,, Regional Joint Director, School Education, Guntur. 4. C.V. Renuka, District Educational Officer, Guntur, Guntur District. 5. S.Purushothham,, District Educational Officer, Bapatia, Bapatia District. 6. One CC to Sri. Devi Prasad Mangalapuri, Advocate [OPUC] 7. One CC to Sri. Rama Chandra Rao Gurram, Advocate [OPUC] 8. Three CD Copies w HIGH COURT DATED:10/02/2025 ORDER ^ 2 4 JUN 2025 ntS«liofc«^5 CC.No.4291 of 2024 m Co CLOSING THE CONTEMPT CASE