r rIf ^ N A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA1^<^ (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31510 OF 2017 Between: Hindu Aided Elementary School, Moolasagaram, Nandyal, Kurnool District Andhra Pradesh, Rep by its Correspondent Sri. K Benhur ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, School Education Department Secretariat, Velgapudi, Guntur District 2. The Commissioner & Director of School Education, Andhra Pradesh, Ibrahimpatnam, Krishna District 3. The District Educational Officer, Kurnool, Kurnool District. A.P. ...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 2nd Respondent, Commissioner of School Education, Andhra Pradesh in not communicating the lifting of the Ban by the Government vide Memo in No. 18836/SE.PS/A1/2012 Dated: 04-01-2017 and enabling the filling up of the vacant posts in Aided institutions and on the other hand issuing executive instructions contrary to the Statutory Rules and confining the permission to fill up the posts to the schools that are parties to Writ Petition No. 9503/2005 and batch; as being arbitrary, illegal, subversive of Rule of Law and consequently direct the Respondent 3 to forthwith 28-08-2017 as . 01.01.1994. process the proposals of the Management dated per the procedure contemplated in Go Ms. No: 1 Dated: LA. NO: 1 OF 2017(WPMP. NO: 3923fi OF 9ni7| Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support of the petition, the High Court may be pleased to direct the Respondents 3 to forthwith process the proposals of the Petitioner management dated 28-08-2017 for filling up of 9 vacant Aided permission in terms of the provisions j pending Writ Petition the interest posts in Petitioner School and accord under GO Ms. No. 1, Dated: 01.01.1994, of Justice. Counsel for the Petitioner: SRI CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL The Court made the following: ORDER EDUCATION APHC010019052017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdictipn) [3504] FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31510/2017 Between; Hindu Aided Elementary School ...PETITIONER AND The State Of Andhra Pradesh 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-Educa tion challenging the action of the respondents in not permitting them to fill up the vacant posts in its School, learned counsel representing Sri Ch. Samson Babu, learned and Sri Gurram Rama Chandra Rao, learned Pleader for School Education, appearing for the respondents Institution, Heard 2. counsel for the petitioner Government State. 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 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: 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) 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 the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; up ■ 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 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) 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 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. 5. 6. Accordingly, this Writ Petition is disposed of in terms of the above dated 05.01.2023 passed by this Court in W.P.No.30927 of alike, however, by extending the time for common order 2022 & Batch, for the reasons compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions:- ' 202 (1) ALD 96 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; II. 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 preferably within a period of three (03) months; IV. up said Rule, So far as minority institutions V. 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'^. vi. 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 ” ’202 (1) ALD 96 MANU/AP/0045/2019 5 No costs. As a sequel, miscellaneous applications pending, if any, shall V also stand closed. Sd/-SHAIK MOHD RAF! //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER To, 1. The Principal Secretary, School Education Department Secretariat, Velgapudi, Guntur District 2. The Commissioner & Director of School Education, Andhra Pradesh, Ibrahimpatnam, Krishna District 3. The District Educational Officer, Kurnool, Kurnool District. A.P. 4. One CC to Sri Ch Samson Babu Advocate [OPUC] 5. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF . ^ -y HIGH COURT DATED:02/05/2025 ORDER WP.No.31510 of 2017 DISPOSING OF THE W.P., WITHOUT COSTS