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2025 DAILYLAW 52684 (AP)

ST ANTHONYS R C M HIGH SCHOOL FOR GIRLS v. THE STATE OF ANDHRA PRADESH

WP/10032/2025 · 2025-05-01

Gannamaneni Ramakrishna Prasad

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Judgment text

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V . t IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) m -S' «■ ^\l > 6^ .o FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRUUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10032 OF 2025 Between: St Anthonys R C M High School For Girls, Vijayawada, Rep. by its Correspondent, Sister Mary Kumari, D/o. Kanakambaram, Aged about 65 Years, Occ Correspondent, R/o. D.No.12-11-52, Raja Rangaiah Apparao Street, Tarapet, Vijayawada, NTR District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, School Education Department, Vijayawada. 3. The District Education Officer, NTR District at Vijayawada. 4. The District Education Officer, Krishna District at Machilipatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not permitting the Petitioner School to recruit Teaching staff in accordance with G.O.Ms. No.1, dated 01/01/1994 and not taking into consideration of the representations of the Writ Petitioners dated 02/11/2024 may as illegal «p 3rbiti^ry, violation of Principles of Natural Justice, violation of Articles 14 ){g) of the Constitution of India and violation of Rules framed by tliir^||Gt>vefnfnent of Andhra Pradesh in G.O.Ms.No.1 Education, dated 01/01/1994 and consequently direct the Respondents to permit the Writ Petitioner School to fill-up the vacancies of Teaching staff. lA NO: 1 OF 2025 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 permit the Writ Petitioner School to fill-up the vacancies of Teaching staff in accordance with Rules framed in G.O.Ms. No.1 Education, dated 01/01/1994. Counsel for the Petitioner: SRI. PSP SURESH KUMAR Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following order: APHC010199652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10032/2025 Between: 1.ST ANTHONY’S R C M HIGH SCHOOL FOR GIRLS, VIJAYAWADA, REP. BY ITS CORRESPONDENT, SISTER MARY KUMARI, D/0. KANAKAMBARAM, AGED ABOUT 65 YEARS, OCC CORRESPONDENT, R/0. D.NO.12-11-52, RAJA RANGAIAH APPARAO STREET, TARAPET, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SCHOOL SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI. EDUCATION DEPARTMENT, 2.THE COMMISSIONER. SCHOOL EDUCATION DEPARTMENT, VIJAYAWADA. 3.THE DISTRICT EDUCATION OFFICER. NTR DISTRICT AT VIJAYAWADA. 4.THE DISTRICT EDUCATION OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1.PSPSURESH KUMAR Counsel for the Respondent(S): 2 St? 1.GP FOR SCHOOL EDUCATION The Court made the following: ORAL ORDER: ; » Heard Sri P.S.P. Suresh Kumar, learned B. Ashok Kumar, learned Counsel for the Writ Petitioner and Sri G. Ramachandra Rao, learned Government Pleader for Education. The present Writ Petition is filed seeking the following relief: "...pleased to issue a Writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not permitting the Petitioner School to recruit Teaching staff in accordance with G.O.Ms. No.1, dated 01/01/1994 and not taking into consideration of the representations of the Writ Petitioners dated 02/11/2024, illegal, arbitrary, vioiation of Principles of Natural Justice, violation of Articles 14 and 19(1 )(g) of the Constitution of India and violation of Rules framed by the Government of Andhra Pradesh in G.O.Ms.No.1 Education, dated 01/01/1994 consequently direct the Respondents to permit the Writ Petitioner School to flll-up the vacancies of Teaching staff, and pas...” 2. more as and Sri Ramachandra Rao, learned Government Pleader has submitted the Written Instructions furnished by the District Education Officer, Krishna, Machilipatnam, dated 28.04.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. The Written Instructions would indicate that as per G.O.Ms.No.59, School Education, dated 22.06.2023, the following courses are eligible to be filled up; 3. 4. As per G.0.59 Posts Eligible Need to Recruitment with limited to sanction HM -01 HM-0 SA (Science) - 03 SA (Science) - 01 SA (Maths) - 01 SA (Tel) -1 SA(HIN)-1 SA (Maths) - 03 SA (Tel) -1 SA (HIN)-I SA (SS) - 3 SA (SS) -1 3 % LP (Tel) -1 LP(HIN)-0 LP (Tel) -1 LP (HIN)-1 SGTs - 2 SGTs -1 PETS -1 PETs- 2 TOTAL - 8 TOTAL-18 In Para 5 of the Written Instructions, it has been informed that the District Educational Officer, Krishna has already informed the Petitioner School and also requested the Regional Joint Director of School Education, Kakinada to take necessary action having regard to the fact that the Writ Petitioner has status of minority institution. In the above premise, the Writ Petition is allowed to the extent indicated. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 5. 6. 7. SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Phncipal Secretary, School Education Department, State of Andhra 1. % Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, School Education Department, Vijayawada. 3. The District Education Officer, NTR District at Vijayawada. 4. The District Education Officer, Krishna District at Machilipatnam. 5. One CC to Sri. PSP Suresh Kumar Advocate [OPUC] GP for School Education, High Court Of Andhra Pradesh. 6. Two CCs to [OUT] 7. Three CD Copies GSC HIGH COURT DATED:02/05/2025 ORDER WP.No.10032 of 2025 * 11JUN im I ^ . Currenl Secuon ^ CO/,- ALLOWING THE WP WITHOUT COSTS