IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (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: 44358 OF 2016 Between: Whittiker Girls Aided High School, G. Ragampeta, Peddapuram. Andhra Pradesh, Rep by its Correspondent Sri M. Johny Moses ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Higher Education Department Secretariat, Vijayawada 2. The Commissioner & Director of School Education, Andha Pradesh Vijayawada 3. The Regional Joint Director of School Education Pradesh State 4. The District Educational Officer, Kakinada, Andhra Pradesh State Kakinada Andhra East Godavari 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 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 15-12-2016 as being arbitrary, illegal and violative of Articles 14, 21 (a) and 30 (1) of the Constitution of India apart from being m violation of the orders of this Hon'ble Court in WAMP No. 691/2014 and consequently direct the Respondents to forthwith accord permission to the Petitioner Institutions to fill up the 8 vacant 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: 54731 OF 2016) 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 to forthwith process the application dated 15-12-2016 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 W.A.M.P. NO. 691 of 2014, pending disposal of the Writ Petition, in the interest of justice. lA NO: 1 OF 2018 Between: 1. The State of Andhra Pradesh, rep by its Principal Secretary, Higher. Education Department Secretariat, Vijayawada 2. The Commissioner & Director of School Education Vijayawada 3. The Regional Joint Director of School Education, Pradesh State 4. The District Educational Officer, Kakinada, Andhra Pradesh State Andha Pradesh Kakinada Andhra East Godavari District. ...PETITIONERS/RESPONDENTS AND "a^sh rJo bv? r Mradesh, Rep by its Correspondent Sri M. Johny Moses ...RESPONDENT/PETITIONER 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 orders dated 20.12.2016 made in WPMP.No. 54731/2016 in WP.no. 44358/2016. Counsel for the Petitioner: SRI CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER APHC010737152016 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: 44358/2016 Between: ...PETITIONER Whitaker. Girls Aided High School, AND ...RESPONDENT(S) 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 (TG) The Court made the following ORDER: 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. Heard learned counsel representing Sri Ch. Samson Babu, learned counsel for the petitioner and Sri Gurram Rama Chandra Rao, learned 2. Government Pleader for School Education, appearing for the respondents State. When the matter is taken up for hearing, it is brought to the notice of 3. this Court by both the learned counsels that similar issue had come up before mi this Court in W.P.No.30927 of 2022 and said writ petitions vide common order the respondents and hence, they prayed for as well. However, learned Government Batch, and this Court disposed of the on 05.01.2023 with certain directions to a similar order in this writ petition Pleader for School Education compliance of the directions to be ongoing summer holidays for Schools. requested to grant reasonable time for issued by this Court in view of the 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: “ the above stand taken by the Government Petitions are disposed of with the following directions; The respondent-authorities all the Writ i) 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; ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling the vacancies; up iii) On such applications, the Competent authorities shall the institution about the availability of qualified surplus within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis; inform staff. 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 concerned, the above allotment of surplus staff So far as minority institutions are V) procedure is not applicable insofar ' the Judgments of Division Bench of Modem High School, Zamisthanpur V. Pradesh and Others^ and Ester as concerned, in view of are this Court rendered in Government of Andhra Axene Res. High Pradesh and Others^. High Pradesh and Others^. Schoof and Others V. State of Andhra 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. brought to the notice of this filed challenging the aforesaid both the learned counsels have 5. Further, Court that, as of now, no appeal has been order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When in W.P.No.4999 of 2024, this Court common identical matter fell for consideration in disposed of the said writ petition on common order. In view of the series of orders on Court is of the considered opinion that squarely covered by the common 27.02.2024 by following the aforesaid the same subject matter, this the facts of the present case are also order dated 05.01.2023 of this Court. is disposed of in terms of the above W.P.No.30927 of 6. Accordingly, this Writ Petition is dated 05.01.2023 passed by this Court in common order 2022 & Batch, for the reasons alike, however, compliance, in view of the difficulty Pleader, with the following directions.- by extending the time for expressed by the learned Government 202 (1) ALD 96 2MANU/AP/0045/2019 4 The respondent-authorities I. are hereby directed to permit the petitioner-institution to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, and also as per the Schedule dated 01.01.1994 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; institution about the availability of qualified a period of four (04) weeks from the allot said surplus staff III. authorities shall inform the surplus staff, within date of application and on permanent basis; IV. If surplus staff are not available, inform the same and permit the the Competent authority shall petitioner-institution to fill the vacancies in accordance with the above preferably within a period of three (03) months; up said Rule, V. So far as minority institutions are procedure is not applicable insofar concerned, the above as allotment of surplus staff are concerned, in view of the Judgments of Division this Court rendered i Bench of 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 four (04) months from the date of receipt of a copy of this order ” ■'202 (1)ALD 96 “* MANU/AP/0045/2019 m:' 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SE To, OFFICER Higher. Education Velagapudi, Amaravathi, Guntur District. 2. The Commissioner & Director Vijayawada Educational Officer Andhra Pradesh State 5. One CC to Sri Ch Samson Babu Advocate School Education, 7. Three CD Copies Department Secretariat, of School Education, Andha Pradesh, Education, Kakinada, Andhra Kakinada, East Godavari District. [OPUC] High Court of Andhra Pradesh. TF I HIGH COURT DATED:02/05/2025 ORDER WP.No.44358 of 2016 DISPOSING OF THE W.P., WITHOUT COSTS