[ 3504 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMA (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY fo H TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 2719 OF 2017 £ Between: Luthern Aided High School, Aicott's Garden, Rajamahendram Godavari District Andhra Pradesh, Rep by its Correspondent Vijaya Bhushanam East Sri K ...Petitioner AND 1. The State of Andhra Pradesh rep by its Principal Secretary, Higher Education Department Secretariat, Veiagapudi, Guntur District 2. The Commissioner & Director of School Education, Andhra Pradesh Veiagapudi, Guntur District, AP AP 3. The Regional Joint Director of School Education, Kakinada Andhra Pradesh State 4. The District Educational Officer, Kakinada, East Godavari District. Andhra Pradesh State ...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 appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not granting permission to the Petitioner Institutions for filling of vacant posts in terms of their application made on 18.01.2017 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 this Hon'ble Court in WAMP No. I 691/2014 and consequently direct the Respondents to forthwith accord permission to the Petitioner Institutions to fill up 9 vacant posts of vacant aidea teachers and release the Grant-in-Aid to the staff that are appointed ;^jHp#terest of justice; and issue such other writ or order or direction dq^ed fit and proper in the circumstances of case. I.A. NO: 1 OF 2017(WPMP. NO: 3201 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 direct the Respondents to forthwith process the application dated 18-01-2017 made by the Petitioner Institutions seeking permission for filling up of the vacant posts in terms of the orders of this Hon'ble Court in W.A.M.P. No. 691of 2014; Counsel for the Petitioner.SRI. CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: as APHC010085172017 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: 2719/2017 Between: Luthern Aided High School, E.g. Dist ...PETITIONER AND PrI Secy Higher Education Dept Guntur Dist 3 Ot and Others Counsel for the Petitioner: 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-Education Institution, challenging the action of the respondents in not permitting them to fill up the vacant posts in its School. Heard learned counsel representing Sri Ch. Samson Babu, learned 2. counsel for the petitioner and Sri Gurram Rama Chandra Rao, learned Government Pleader for School Education, appearing for the respondents State. A 2 ' 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 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: “ 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.1, Education, dated 01.01.1994 and also the Schedule prescribed under Sections 19 & 25 of the Act, 2009; i) as per 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 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 m 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 ” V) both the learned counsels have brought to the notice of this 5. Further, appeal has been filed challenging the aforesaid common order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When W.P.No.4999 of 2024, this Court Court that, as of now, no identical matter fell for consideration in 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 aiso order dated 05.01.2023 of this Court. squarely covered by the common terms of the above 6. Accordingly, this Writ Petition is disposed of in order dated 05.01.2023 passed by this Court in 2022 & Batch, for the reasons aiike, however, by extending the time for W.P.No.30927 of common ‘202(1)ALD 96 2MANU/AP/0045/2019 4 compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions:- The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided 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; I. vacancies In future also, whenever vacancies arise, the institution has to make application to the Competent authorities for filling 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, 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. 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 (l)ALD96 MANU/AP/0045/2019 ’s / No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SD/- A. VENUGOPALA RAO assistant REGISTRAR //TRUE COPY// OFFICER SEC To 1. The Principal Secretary, State of Andhra Pradesh, Higher Education Department Secretariat, Velagapudi, Guntur District, AP (BY SPECIALMESSENGER) The Commissioner & Director of School Education, Andhra Pradesh, Velagapudi, Guntur District, AP The Regional Joint Director of School Education, Kakinada Andhra Pradesh State The District Educational Officer, Kakinada, East Godavari 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, High Court Of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. HIGH COURT DATED:02/05/2025 ORDER WP.No.2719 of 2017 DISPOSSING THE WRIT PETITIION