IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV^ (Special Original Jurisdiction) ij FRIDAY JHE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM ^1. IV V' o. />> ■A *^5 WRIT PETITION NO: 26198 OF 2017 Between: The Convention of Baptist Churches of the Northern Cricars, Rep. by its President M. Ratna Kumar, S/o. Verriyya, Aged 40 years, Regd. No. 16/48-49, CBM Compound, Kakinada, East Godavari District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of School Education,, Ibrahimpatnam, Vijayawada, Krishna District. 3. Convention of Baptist Churches of the Northern Cricars, Rep. by its President Dasari Glory w/o. Daniel, 55 years, R/o. Kankipadu, Krishna District. ...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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st Respondent not to accord permission, passing suitable orders against representation dt.16-09-2016 for approval of selection list of candidates to fillup vacant aided posts is bad, illegal, arbitrary, unconstitutional, clear violation of Article 14, 21-A, 30(1), of constitution of India and consequently to direct the 1®' Respondent to pass suitable orders to accord permission to approve the final selection list of candidates in the interest of justice I.A. NO: 1 OF 2017(WPMP. NO: 32488 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 1st Respondent to pass suitable orders against representation dt. 16-09-2016 including final selection list for approval in filling up of vacant aided post of CBCNC schools. Counsel for the Petitioner: SRI. J SATYA PRASAD Counsel for the Respondents: GP FOR EDUCATION (AP) Sri AKA VENKATARAMANA THE COURT MADE THE FOLLOWING ORDER: € APHC010484652017 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: 26198/2017 Between: President, Convention Of Baptist Churches Of The Northern.. AND PrI Secy Education Dept Guntur Dist Another and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.J SATYA PRASAD Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) 2. AKAVENKATARAMANA The Court made the following ORDER: The instant writ petition is being filed by the petitioner-Educa tion action of the respondents in not permitting them to ...PETITIONER Institution, challenging the fill up the vacant posts in its School. Heard Sri B. Prakash, learned counsel representing the learned counsel Rama Chandra Rao, learned Government 2. for the petitioner and Sri Gurram for School Education, appearing for the respondents State. Pleader 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 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 well. However, learned Government Pleader for School Education as 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. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 4. & 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; 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; i) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; ii) 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; 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; iv) 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 Modem 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 three (03) months from the date of receipt of a copy of this order ” Vi) both the learned counsels have brought to the notice of this that, as of now, no appeal has been filed challenging the aforesaid 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. Further, 5. Court common Accordingly, this Writ Petition is disposed of in terms of the above 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;- 6. common ‘202(1)ALD 96 2 MANU/AP/0045/2019 4 The respondent-authorities are hereby directed to permit the petitioner-institution 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; 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 up the vacancies in accordance with the above said Rule, preferably within a period of three (03) months; IV. 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 Modem 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(1) ALD 96 '• MANU/A P/0045/2019 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SdZ-SHAIK MOHD RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Education Department, Secretariat Buildings Velagapudi, Guntur District.(SPECIAL MESSENGER) ^ ’ 2. The Commissioner of School Education Krishna District. 3. The Convention of Baptist Churches of the Northern Cricars Dasari Kankipadu, Krishna District (Nos 2 and 3 by RPAD) 4. One CC to SRI. 4 SATYA PRASAD Advocate [OPUCl 5. Twoi CCs to GP FOR EDUCATION (AP) ,High Court Of Andhra Pradesh. [OUT] 6. One CC to SRI. AKA VENKATARAMANA Advocate [OPUCl 7. Three CD Copies ^ To, Ibrahimpatnam, Vijayawada, psk HIGH COURT DATED:02/05/2025 ORDER WP.No.26198 of 2017 DISPOSING THE WRIT PETITION WITH NO COSTS