A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) A / 1 IL FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE 40 Ko. PRESENT THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27378 OF 2017 Between: S.V.S.C. High School, Under the Management of Gundlakamma, Prantheeya Abhivridhi Sangham Society, Rep. by it Secretary & Correspondent, Sri T. Lakshmi Narayana Sastry, S/o Veera Raghava Sastry, aged about 75 years, R/o. Sitarampuram, Nuzendia Mandal, Guntur District. ...PETITIONER AND 1. The State of A.P., Rep by its Pri. Secretary -Education, Department, Secretariat, Velagapudi Amravati, Guntur District. 2. The Director of School Education State of Andhra Pradesh,, Ibrahimpatnam, Vijayawada, Krishna District 3. The Regional Joint Director School Education, Guntur. 4. The District Educational Officer Guntur, Guntur District. 5. Deputy Educational Officer, Near Mandal Parishad, Development Office Near Shanker Mutt Narasaraopet, Guntur 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 Oder or direction more particularly one in the nature of Writ of Mandamus, declaring the action on the part of the respondents failure to accord permission pursuant to proposals by the petitioner to fill the vacant aided in the petitioners school as required to be accorded as per the provisions of the Education Act and rules made there under, as illegal, arbitrary and consequently direct the respondents to „ accorcl* permission to fill the vacant aided posts in the school, viz., S.V.S.V. *• < ;Mp|(;;$chool, Srirampuram, Nuzendia Mandal, Guntur District. \X NO: 1 OF 2017(WPMP. NO: 34021 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 respondents 1 to 5 to accord permission to fill the five vacant aided Teaching posts and one non teaching post including absorption of Telugu Pandit Grade-ll, Science Assistant on consideration of proposals submitted by the petitioner, pending disposal of the Writ Petition before this Hon'ble Court. lA NO: 1 OF 2018 Between: 1. The State of A.P., Rep by its PrI. Secretary -Education, Department, Secretariat, Velagapudi Amravati, Guntur District. 2. The Director of School Education State of Andhra Pradesh,, Ibrahimpatnam, Vijayawada, Krishna District 3. The Regional Joint Director School Education, Guntur. 4. The District Educational Officer Guntur, Guntur District. 5. Deputy Educational Officer, Near Mandal Parishad, Development Office Near Shanker Mutt Narasaraopet, Guntur District ...PETITIONERS/RESPONDENTS AND S.V.S.C. High School, Under the Management of Gundlakamma, Prantheeya Abhivridhi Sangham Society, Rep. by it Secretary & Correspondent, Sri T. Lakshmi Narayana Sastry, S/o Veera Raghava Sastry, aged about 75 years, R/o. Sitarampuram, Nuzendia Mandal, Guntur District. ...RESPONDENT/PETITIONER "/ f A 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 vacate the Interim direction granted in W.P.No.27378 of 2017 dated 17.08.2017. Counsel for the Petitioner: SRI GANGISETTY RAJESWARA RAO Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER iPV APHC010581962017 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: 27378/2017 Between: S.v.s.c. High School, Under The Management Of Gundlakamma ...PETITIONER AND The State Of AP Rep By Its Prl Secretary Education and ...RESPONDENT(S) Others Counsel for the Petitioner: 1. GANGISETTY RAJESWARA RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) The Court made the following ORDER: 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 for the petitioner and Sri Gurram Rama Chandra Rao, learned Government Pleader for School Education, appearing for the 2. respondents State. 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 3. 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.PNo.30927 of 2022 & Batch. Relevant portion of the said order is reproduced as under: “ 9- H 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 the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; up 3 4 concerned, the above So far as minority institutions are procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of Division Bench of V) 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^. 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) The entire exercise learned counsels have brought to the notice of this appeal has been filed challenging the aforesaid 5. Further, both the Court that, as of now, no common order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When W.P.No.4999 of 2024, this Court identical matter fell for consideration in disposed of the said writ petition on common order. In view Court is of the considered opinion squarely covered by the common 27.02.2024 by following the aforesaid of the series of orders on the same subject matter, this that the facts of the present case are also order dated 05.01.2023 of this Court. 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 alike, however, by extending the time for W.P.No.30927 of common 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; 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 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- authoritieswithin 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 4 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/-SHAIK MOHD RAFi //TRUE COPY// ASSISTANT REGISTR^ SECTON^FFICER To, 1. The Principal Secretary - r.;_ Velagapudi Amravati, Guntur District. 2. The Director of School Education State Ibrahimpatnam Vijayawada, Krishna District 3. The Regional Joint Director School Education, Guntur 4. The District Educational Officer Guntur, Guntur District Educational Officer, Near Mandal Parishad, Development Office Near Shanker Mutt Narasaraopet, Guntur District 6. One CC to Sri Gangisetty Rajeswara Rao Advocate [OPUC] ^ [oIjT]"^^ School Education, High Court of Andhra Pradesh. 8. Three CD Copies Education, Department, Secretariat of Andhra Pradesh TF HIGH COURT DATED:02/05/2025 ORDER WP.No.27378 of 2017 -•'WUiPiV DISPOSING OF THE W.P., WITHOUT COSTS