V' [ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY ( TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 46020 OF 2016 Between: 1. K.V.N Partly Aided High School, Allagadda, Kurnool District, Andhra Pradesh, Rep by its Correspondent Sri S. Jeelan Basha 2. K.V.N Aided Primary School, Allagadda, Kurnool District, Andhra Pradesh, Rep by its Correspondent Sri S. Jeelan Basha ...Petitioner AND The State of Andhra Pradesh, rep by its Principal Secretary, Higher Education Department Secretariat, Velgapudi. The Commissioner & Director of School Education, Andhra Pradesh Velagapudi The Regional Joint Director of School Education, Kurnool Andhra Pradesh State The District Educational Officer, Kurnool, Kurnool District. Andhra Pradesh State 1. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents permission to the Petitioner Institutions for filling of vacant posts in terms of their application made in not granting on 15-12-2016 as being arbitrary, illegal and violative of Articles 14, 21 (a) and 30 (1) of the Constitution of India apart from being in violation of the orders ^ of 2014 in WA No; 223 of 2014 and to forthwith accord of this Hon'ble Court in WAMP No. 691 consequently direct the Respondents permission to the Petitioner Institutions to fill up the posts of 3 vacant Aided posts and release the Grant-In-Aid to the staff that arc appointed in the interest of justice. i.A. NO: 1 OF 2016fWPMP. NO: SfifiTQ OF 2016) Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the Respondents to forthwith process the application dated 15-12-2016 made by the Petitioner Institutions seeking permission for fillmg up of the vacant posts in terms of the orders of this Hon'ble Court in W.A.M.P. No. 691 of 2014 in WA No; 223 of 2014; Counsel for the Petitioner:SRI. CH SAMSON BABU Counsel for the Respondents; GP FOR SCHOOL The Court made the following: EDUCATION (AP) APHC010478262016 IN THE HIGH COURT OF ANDHF^A PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY JHE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 46020/2016 Between: K.v.n Partly Aided High School, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.CH SAMSON BABU 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-Educa tion Institution, challenging the action of the respondents in not permitting them to fill up the vacant posts in its School. 2. Heard learned counsel representing Sri Ch. Samson Babu, 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 iearned counsels that similar issue haci come up before 2 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 and hence, they prayed for a similar order in this writ petition as well. However, learned Government Pleader for School Education requested to grant reasonable time for compliance of the directions to be issued by this Court in view of the ongoing summer holidays for Schools. 4. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 & Batch. 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'l directed to permit the petitioners-institLitions 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; ;-p' 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; 3 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 Schooi, Zamisthanpur .V Government of Andhra Pradesh and Others' and Ester Axene Res. High School and Others '/ 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 Court that, as of now, no appeal has been filed challenging the aforesaid order dated 05.01.2023 in W.RNo.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. common Accordingly, this Writ Petition is disposed of in terms of the above order dated 05.01.202.3 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:- 6. common ■202(1) ALD 96 2 MANU/AP/004."'/20’9 - ./■ The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided in terms o+’ 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; I. vacancies in future also, whenever vacancies arise, the institution has to make applicatiof! to the Competent authorities for filing up the vacancies; 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; If surplus staff are not available, the Competent authority shall inform the same and permit the petitioner-institution to fill the vacancies in accordance with the above said Rule preferably within a period of three (03) months; IV. up So far as minority institutions are concerned procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgmsents 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. the above 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 ” VI. ^ 202(1) ALD 96 ■* MANU/AP/0045/2019 5 No costs. As a sequel, miscellaneous applications pending, if any, shall 7 also stand closed. 7 Sd/- G. HELA NAIDU assistant registrar //TRUE COPY// SECTION OFFICER To. The Principal Secretary, Higher Education Department Secretariat, Velgapudi, State of Andhra Pradesh (BY SPECIALMESSENGER) The Commissioner & Director of School Education, Andhra Pradesh, Velagapudi The Regional Joint Qirector of School Education, Kurnool Andhra Pradesh State The District Educational Officer, Kurnool, Kurnool District. Andhra Pradesh State (Addressee 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. high court \ DATED:02/05/2025 ORDER O o o WP.No.46020 of 2016 rr?; S HOT ol ^7/ ^ , Current Section ^ ^Sj>iESPATC^ y' DISPOSSING THE WRIT PETITIION