APHC010593342017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28016/2017 Between: 1. SRI SARASWATHI COMMITTEE AIDED ELEMENTARY SCHOOL,, [S.C. AIDED ELEMENTARY SCHOOL], INAMADUGU, NELLORE DISTRICT, REP. BY ITS CORRESPONDENT, KADIVETI VENKAIAH, S/O KADIVETI PEDDA VENKAIAH, AGED 75 YEARS, R/O D.NO.9/96, AMBEDKAR NAGAR, INAMADUGU - 524 137, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION [PSI] DEPARTMENT, SECRETARIAT, VELAGPUDI, AMRAVATHI, GUNTUR DIST. 2. THE COMMISSIONER DIRECTOR OF SCHOOL, EDUCATION, GOVT. OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL, EDUCATION, GOVT. OF ANDHRA PRADESH, 12TH WARD, ARUNDELPET, GUNTUR. 4. THE DISTRICT EDUCATIONAL OFFICER, NELLORE DISTRICT, NELLORE. ...RESPONDENT(S): 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 pleased to issue an appropriate a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in permitting the Petitioner to fill up the vacant aided teaching posts as illegal, arbitrary and violative of Article 14, 19 & 21 of the Constitution of India and consequently direct the respondents to permit the Petitioner to fill up the vacant aided teaching posts as per rule and pass Counsel for the Petitioner: 2 1. T V S KUMAR Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) The court made the following ORDER:- The writ petition is instituted under Article 226 of Constitution of India seeking the following main prayer:- “……declaring the inaction of the respondents in permitting the Petitioner to fill up the vacant aided teaching posts as illegal, arbitrary and violative of Article 14, 19 & 21 of the Constitution of India and consequently direct the respondents to permit the Petitioner to fill up the vacant aided teaching posts as per rule and pass…….” 2. On 12.12.2025, this Court passed the following order:- “Heard Sri T.V.S. Kumar, learned counsel for the petitioner as well as learned Assistant Government Pleader for Higher Education. During the course of arguments, the learned Assistant Government Pleader forwarded proceedings vide Lr.Rc.No.8150/C1/2017 dated 10.11.2025 and the same was also passed to the learned counsel for the petitioner. Learned counsel for the petitioner seeks time to secure latest instructions in the lis. Post after two weeks.” 3. At the time of considering the matter, learned counsel for the petitioner submits he has not received any response from the petitioner School to the letter dated 16.12.2025 addressed by him through registered post, till today. 4. On the other hand, Sri V. Adinarayana, learned Assistant Government Pleader for School Education, while forwarding the written instructions dated 31.12.2025 issued by the 4th respondent, submits that as per the willingness of the School management, the petitioner School had converted to the Un- 3 aided School from Aided School by surrendering to the Government and the school staff were allotted to Government/ZPP/Municipal Schools in the District. 5. For the sake of comprehensive view, the relevant portion of the written instructions dated 31.12.2025 of the 4th respondent is extracted hereunder:- “…..7. Accordingly as per the willingness of the management as per the GO.MS No.65 SE dept dt.24.09.2021 and as per Memo No. ESE-02-18022/119/2020 Dated:24.09.2021 Director of School Education, AP, Amaravathi. The District Educational Officer, SPSR Nellore District permission accorded for conversion the school private un aided school and Saraswathi Committee, Aided Elementary School, Inamadugu, Kovur Mandal, SPSR Nellore District as the willingness of the Special OfficerSaraswathi Committee, Aided Elementary School, Inamadugu, Kovur Mandal, SPSR Nellore District. (copy enclosed)….. ….10. The school staff are allotted through counselling to the needy schools of Govt/ZPP/Municipal schools in the district. Single teacher has not been continuing in the school. ….12. At present in the building has not been running with unaided school and present the building is vacant……” 6. Having regard to the submissions made and in view of the above stated position, the writ petition is dismissed as the petitioner School has surrendered to the Government and has now become an Unaided School. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.12.2025 GVK 4 22 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.28016 of 2017 Date: 31.12.2025 GVK