IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE 'i. PRESENT HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39993 OF 2016 Between: SMH Aided High School, Vegayammapeta, East Godavari Dist. Andhra Pradesh, Rep by its Correspondent Sri B Muralidhra Rao ...PETITIONER AND 1. The State of Andhra Pradesh rep by its Principal, Secretary, Higher Education Department Secretariat, Hyderabad The Commissioner & Director of School Education Andhra, Pradesh, Hyderabad The Regional Joint Director Kakinada, af East Godavari District Andhra Pradesh State The District Educational Officer, Kakinada at East Godavari District Andhra Pradesh State 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 17-10-2016 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 this Hon'ble Court in WAMP No. 691/2014 and r consequently direct the Respondents to forthwith accord permission to the Petitioner Institutions to fill up the posts of vacant aided teachers and release the Grant-in-Aid to the staff that are appointed in the interest of justice. I.A. NO: 1 OF 2016(WPMP. NO: 49272 OF 2016) Petition under Section 151 CPC is filed 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 to forthwith process the application dated 17-10-2016 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 WAMP. No. 691 of 2014, pending disposal of the writ petition. lA NO: 1 OF 2020 Between: 1. The State of Andhra Pradesh rep by its Principal, Secretary, Higher Education Department Secretariat, Hyderabad 2. The Commissioner & Director of School Education Andhra, Pradesh, Hyderabad 3. The Regional Joint Director Kakinada, at East Godavari District Andhra Pradesh State 4. The District Educational Officer, Kakinada at East Godavari District Andhra Pradesh State ...PETITIONERS/RESPONDENTS AND SMH Aided High School, Vegayammapeta, East Godavari Dist. Andhra Pradesh, Rep by its Correspondent Sri B Muralidhra Rao ...RESPONDENT/PETITIONER Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted on 22.11.2016 in WPMP.No.49272 of 2016 in W.P.No.39993 of 2016. Counsel for the Petitioner: SRI CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER r APHC010472592016 IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SR! JUSTICE MAHESWARA RAO KUNCHEAM WRIT PFTSTtON NO: 39993/2016 [3504] THE Between: Smh Aided High School ...PETITIONER AND ...RESPONDENT(S) Of Andhra Pradesh Rep By Its Principal and Others Counsel for the Petitioner; 1.CH SAMSON BABU Counsel for the Respondlent(S): 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following QEID^El 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. The State Sri Ch. Samson Babu, learned Ram Chandra Rao, learned Heard learned courise! representing counsel for the petitioner and Sri Gurram Government Pleader for School Education, appearing for the respondents 2. State. 3. When the matter is taken up tor 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 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 ongoing summer holidays for Schools. 4. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 and 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) i he respondervi-auihoriiies are nereoy Oirected 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; 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 ren(;)ered 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^. 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, 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. 6. 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 alike, however, by extending the time for common 2022 & Batch, for the reasons of the difficulty expressed by the learned Government compliance, in view Pleader, with the following directions;- ».—i ' 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; I. 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 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) morrths from the date of receipt of a copy of this order ” VI. 3 202(1) ALD 96 MANU/AP/0045/2019 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. [OFFICER Sd/-PC-V assistant //TRUE COPY// R1 SECTJO T-rOTTR To. 1. The Principal, Secretary, Higher Education Department Secretariat Velagapudi, Amaravathi, Guntur District. 7,!?® Commissioner & Director of School Education Andhra, Pradesh Vijayawada. 3. The Regional Joint Director Kakinada, at East Godavari District Andhra Pradesh State Educational Officer, Kakinada at East Godavari District Andhra Pradesh State 5. One CC to Sri Oh Samson Babu Advocate [OPUC] School Education, High Court of Andhra Pradesh. 7. Three CD Copies TF HIGH COURT DATED:02/05/2025 ORDER WP.No.39993 of 2016 disposing of the W.P., WITHOUT COSTS