w, H N APHC010280812025 ^ ‘ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ♦ MONDAY,THE TWENTY SECOND DAY OF SEP i EMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15289 OF 2025 Between: ABM EM High School and ABM Primary School (Pvt Aided), NTR District, A.P. - Ammireddigudem, Gampalagudem Mandal 521403. Rep by its Correspondent, Dr. Mrs. Regina Sudheer Alexander ...Petitioner, Party-in-Person AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education 2nd Block, Floor, Room No. 267 Secretariat Buildings At Velagapudi, Guntur District, A.P. - 522501. 2. The Commissioner and Director of School Education, No.398/3, Venkatadri Towers, Beside Happy Resorts Vidya Bhavan, 2ND Floor, Atmakuru (Village) Mangalagiri (Mandal), Guntur Dist, AP - 522 503. 3. The Regional Joint Director of School Education, Kakinada PR Giris High School Campus, Near Balaji Cheruvu Kakinada, Kakinada Dist, AP. 533004 4. The District Educational Officer, DEO NTR Dist, Montessori College Campus, Opp Radio Station, Bandar Road, Vijayawada, NTR District, AP 520001 5. The Deputy Educational School, (Nandigama) and (Tiruvuru Mandal), NTR District, A.P. 6. The Mandal Educational Officer, Gampalagudem, NTR District, A.P. ■j-.- 7. The District bducational Officer, DEO Machilipatnam, Krishna District • b Chilakalapudi, Machilipatnam, Krishna District, A.P-521002 /(Respondent No.7 is impleaded as per Courts Order dt.22.09.2025 in I.A.No.3 of 2025) r w- I’-H: ...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 order, writ or direction more particularly in the nature of Writ of Mandamus under Article 226 declaring the inaction of the Respondents 2-4 in granting permission to the petitioner to initiate recruitment process to fill-up all the 20 vacant aided posts under Rule-12 by completing the process within 3 months of school reopening (12.06.2025) as illegal, arbitrary, unjust, and violative of Constitutional and Statutory mandates in Art. 14 and 21 and 46 and Rule 12-AP Education Act G.O. No.1 1994 and RTE 2009 S.26 and Rule 12 of G.O.Ms.No.1 (1994), Section 26 of RTE Act, breach of fiduciary duty, and Principles of natural justice and consequentially direct the respondent to reimburse the amount paid as salaries to contract teachers for the last two years 2023-2025 Records are available, to establish a development trust for ABM Schools for these funds, hold Respondents accountable for fiduciary violations. 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 2 to 4 forthwith to give permission to initiate process for filling up of 20 vacant posts in the petitioner schools (two) - as per Rule- 12, the same to be completed in three months of the schools reopening i.e., from 12'^ June, 2025 and thus free the petitioner schools- High Primary School to run effectively on a high educational level, pending disposal of the above writ petition. r<- lA NO: 2 OF 2^ ion 151 CPC praying that in the circumstances stated , the High Court may be pleased to dated 19.05.2025 of the DEO, Petition under Section ^ the affidavit filed in support of the petition stay the Proceedings in Rc.No. Spl/c2/2- 25 of shifting two surplus teachers to in ABM Primary School without of the outcome of VVP Krishna following proper procedure under law, in the pendency 15289 of 2025. REGINA SUDHEER ALEXANDER (PARTY Counsel for the Petitioner; DR IN PERSON) Counsel for the Respondents The Court made the following order; ; GP FOR HIGHER EDUCATION ■{'J APHC010280812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15289 OF 2025 Between: 1. ABM EM HIGH SCHOOL AND ABM PRIMARY SCHOOL (PVT AIDED), NABM EM High School ABM Primary School (Pvt Aided) Ammireddigudem, Gampalagudem Mandal NTR District A.P. - 521403. Sudheer AlexanderRep by its Correspondent, Dr. Mrs. Regina ...Petitioner AND THE STATE OF AP, Rep. by its Principal Secretary, Department of School Education 2ND Block, Floor, Room No. 267 Secretariat Buildings At Velagapudi, Guntur District A P - 522501. 1 2. The Commissioner and Director of SchooL Education, No.398/3, Venkatadri Towers, Beside Happy Resorts Vidya Bhavan, 2ND Floor, Atmakuru (Village) Mangalagiri (Mandal), Guntur Dist, AP - 522 503. 3. The Regional Joint Director of SchooL Education, Kakinada PR Giris High Schooi Campus, Near Balaji Cheruvu Kakinada, Kakinada Dist, AP. 533004 4. The District EducationaL Officer, DEO NTR Dist, Montessori College Campus, Opp Radio Station, Bandar Road, Vijayawada, NTR District, AP 520001 5. The Deputy Educationai School, (Nandigama) and (Tiruvuru The Mandal Educational Officer, Mandal), NTR District, A.P Gampalagudem, NTR District, A.P ...Respondents \ SRK, J WP No.15289 of 2025 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 order, writ or direction more particularly in the nature of Writ of Mandamus under Article 226 declaring the inaction of the Respondents 2-4 in granting permission to the petitioner to initiate recruitment up all the 20 vacant aided posts under Rule-12 by completing process within 3 months of school process to fill- the reopening (12.06.2025) as illegal, arbitrary, unjust, and violative statutory mandates in Art 14 and 21 and 46 and Rule 12-AP Education Act G.O Nol 1994 and RTE 2009 S.26 and Rule 12 of G.O.Ms No l (1994). Section 26 of RTE Act, breach of fiduciary! duty, and Principles of natural justice and of Constitutional and consequentially direct the respondent to reimburse the amount paid as salaries to contract teachers for the last two years 2023-2024 Records available, to establish are a development trust for ABM Schools for accountable for fiduciary these funds, hold Respondents violations. Counsel for the Petitioner; PARTY IN PERSON Counsel for the Respondents; GP FOR HIGHER EDUCATION SRK, J WP No. 15289 of 2025 The Court made the following ORDER: This writ petition came to be filed under Article 226 of the Constitution of India, seeking the following relief; appropriate Writ ...to issue an more particularly in the nature of Writ of Mandamus declaring the action of the Respondents granting permission to fill up twenty (20) vacant Aided posts in the Petitioner institution in not as being arbitrary, illegal and violating Articles 14, 21 and 46 of the Constitution of India and in contravention to the AP Education Act, 1982 and the Right Education Act, 2009 and Rules framed thereunder and consequently direct the Respondents 2 to 4 to to permit the Petitioner institution to fill up twenty (20) vacant Aided posts and issue such other Writ Order or direction as deemed fit and proper in the circumstances of case” or 2. Heard the petitioner party-in-person. Assistant Government Pleader for School Education and learned 3. During hearing, learned Assistant Government Pleader for School Education as well as the petitioner would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P,No.30927 of 2022 and batch, dated 05.01,2023, wherein a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said order reads as under SRK, J WP No. 15289 of 2025 4 % \ “In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions; i) 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; 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 up the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; v) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surptus 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. (2002(1) ALD 96) and Ester Axene 5 vvr I'lu.iDzo:? ui zu<i3 Res. High School and Others V. State of Andhra Pradesh and Others, (MANU/AP/0045/2019). 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.” r 4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of. There shall be no order as to costs. Registry is directed to attach the copy of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 to this UI uei. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The State of Andhra Pradesh. Rep. by its Principal Secretary, Department of School Education 2nd Block, Floor, Room No. 267 Secretariat Buildings At Velagapudi, Guntur District, A.P. - 522501. 2. The Commissioner and Director of School Education, Venkatadri Towers, Beside Happy Resorts Vidya Bhavan, 2ND Floor, No.398/3 Atmakuru (Village) Mangalagiri (Mandal), Guntur Dist, AP - 522 503. Kakinada PR Giris 3. The Regional Joint Director of School Education High School Campus, Near Balaji Cheruvu Kakinada, Kakinada Dist AP. 533004 4. The District Educational Officer, DEO NTR Dist, Montessori College Campus, Opp Radio Station, Bandar Road, Vijayawada, NTR District, AP 520001 5. The Deputy Educational School, (Nandigama) and (Tiruvuru Mandal). NTR District, A P. Gampalagudem, NTR District, A.P. Krishna District 6. The Mandal Educational Officer The District Educational Officer, DEO Machilipatnam, Krishna District, A.P-52T002 7. Chilakalapudi, Machilipatnam ABM EM High School and ABM Primary School (Pvt Aided), Ammireddigudem, Gampalagudem Mandal NTR District, A.P. - 521403. Rep by its Correspondent. 9. T\a/o CCs to GP For Higher Education, High Court of 8. M/s. Regina Sudheer Alexander, Andhra Pradesh [OUT] Two CD Copies (Along with a copy of order dated 05.01.2023 in W.P No. 30927 of 2022 ) GSC 10 gsc HIGH COURT DATED:22/09/2025 ORDER WP NO. 15289 OF 2025 ^ 2 3 OCT 2025 Co *E\ irrentSectii ★> DISPOSING THE WP WITHOUT COSTS HON’BLE SRI JUSTICE K.SURESH REDDY Writ Petition Nos.30927, 2888. 4938, 8014. 8197, 30548. 31010. 31039. 31730. 33163. 35592. 37415. 37467. 37508. 38250. 38924. 40923 and 42367 of 2022 COMMON ORDER:- As the issue involved in all these writ petitions is inter-related, all these writ petitions are taken up together and are disposed of through this common order. 2. The petitioners in these cases are the management of private Schools. The grievance of the writ petitioners in all these Writ Petitions is the action of the official respondents in not permitting the ’ petitioners-institutions to fill up the vacant aided posts in their institutions in accordance with law. 3. Facts in nutshell : All the petitioners-institutions are private aided schools. All the institutions got recognition and thereafter some posts have admitted into Grant-in-aid by the Government. The appointment of staff in the Aided institutions is governed by Rule-12 of G.O.Ms.No.1, Education, dated 01.01.1994. As per the terms in the said G.O. as and when vacancy arises, the Management shall make an application to the Competent authority, who in turn would grant permission to the 2 Management to constitute staff selection committee consisting of nominee of District Educational Officer (DEO) as well as the subject experts. Thereafter, the Management is free to make appoint from among the selected candidates after following procedure of giving notification in newspaper and also drafting the candidates from concerned employment exchange. (ii) Subsequently, the government issued a memo, dated 20.10.2004 imposing ban on recruitment of staff into Aided institutions. Thereafter, batch of Writ Petitions were filed i.e. W.P.No.9503 of 2005 and batch. After elaborate hearing, all the writ petitions were allowed and the ban imposed by the State government was set aside, vide common order, dated 30.07.2013. Thereafter, the Government filed Writ Appeal No.216 of 2014, which was also dismissed by the Division Bench of this Court. Subsequently, the Government preferred appeal in S.L.P.No.8547 of 2014 before the Hon’ble Supreme Court of India, which was also dismissed on 14.09.2015. As there is no other go, the Government issued memo, vide Memo No. 18836/SC.PS/A1/2012, dated 04.01.2017 permitting the Aided Institutions, who approached the Court to fill up the vacant posts by lifting the ban. (iii) Subsequently, the government issued G.O.Ms.No.40, School Education (PS) Department, dated 30.06.2017 and as per the 3 the Commissioner of School Education has issued said G.O. proceedings in Rc.No.90/PS-1/2010-3, dated 20.07.2017 directing all the Regional Joint Directors of School Education and District Educational Officers to take necessary action in filling up all the vacancies in the schools. As per the said G.O., and consequential nd proceedings of the 2 respondent, dated 20.07.2017, all the petitioners-institutions requested the Competent authorities to permit them to fill up the vacant posts and to that effect, they made applications on various dates to the respective competent authorities. (iv) Subsequently, as per the instructions of the Government, the 2"^ respondent once again issued proceedings, dated 12.09.2017 keeping the recruitment in abeyance. Subsequently, the said proceedings were challenged in W.P.No.1041 of 2018 and this Court suspended the said abeyance proceedings, vide orders in I.A.No.1 of 2018 in W.P.No.1041 of 2018, dated 29.02.2020. Thereafter, all the petitioners-institutions made several applications to the Competent authorities seeking permission to fill up vacancies in Aided Schools. Till now, the Competent authorities did not take any decision or granted permission to fill the vacancies in Aided Schools. Aggrieved by the same, all these writ petitioners have come up with the batch of Writ Petitions. 4 4. Perused the entire material on record. This Court has also passed interim orders in most of the Writ Petitions directing the Competent authorities to permit the petitioners-lnstitutions to fill up vacancies in Aided Schools by considering the proposal submitted by them. In spite of interim orders, the Competent authorities have not permitted the petitioners-institutions to fill up the vacancies. Consequently, some of the petitioners-institutions filed contempt cases before this Court and they are pending. Learned Government Pleader for School Education filed 5. counter-affidavit, inter alia contending that Aided schools should maintain teacher-student ratio as 1:40 for filling up of vacancies and that the petitioners-institutions have to fill up vacancies in Aided schools as per the provisions prescribed under Rule 12(3)(A) of G.O.Ms.No.1, Education (PS2) Department, dated 01.01.1994. Sri N.Subba Rao, learned Senior Counsel, scrupulously 6. submitted that so far as the contention of the official respondents with regard to teacher-student ratio is concerned, the same is governed by the schedule prescribed under Sections 19 & 25 of the Right of Children to Free and Compulsory Education Act, 2009 (for short, ‘the Act of 2009). For better appreciation, the said Schedule is extracted hereunder : 5 THE SCHEDULE (See Sections 19 and 25 ) Norms and Standards for a School Norms and Standards Item Sl.No. Number of teachers Admitted children Number of teachers Two Up to Sixty (a) For First class to 5 Class th Three Between sixty-one to ninety Four Between Ninety one to one hundred and twenty Between one hundred and twenty one to two hundred Five Above one hundred and fifty Children Five Plus one Head Teacher Pupil-Teacher Ratio (excluding Head Teacher) shall not exceed forty. Above two hundred Children (b) For Sixth class to eight class (1)At least one teacher per class so that there shall be at least one teacher each for - (i) Science Mathematics ; (ii) Social Studies ; (iii) Languages and (2) At least one teacher for every thirty-five children Where admission of children is above one hundred- (i) A full time head teacher (ii) Part time instructors (3) for (A)Art Education (B) Health and Physical Education (C) Work Education 6 7. As such this being the Central Enactment, the State government is bound to follow the said Schedule. Further, so far as Rule-12(3)(A) of the Rules, 1993 is concerned, the petitioner- institutions have no objection to follow the Rule 12(3)(A) of the Rules, 1993. For better appreciation of the said provision, the same is extracted hereunder: 12.Appointment of Staff “Rule 12(3A) : Before filling up of the aided teaching or non-teaching posts, the educational agency shall necessarily obtain clearance from the Competent authority, to the effect that, there are no surplus posts in the concerned district, and if there are suitable surplus candidates, they should be deployed against the said vacancies as per the subject requirements, competent authority shall however obtain the permission from the Government before issuing clearance for filling up ofany aided posts The 8. As per Rule 12 (3A) of the above said Rules, vacancies will be filled up by surplus candidates. At this juncture, learned Senior Counsel states that respondent authorities are not sending surplus candidates and they are sending candidates only by way of adjustment and thereafter, recalling them, which happened in many cases. At this juncture, this Court directed the learned Government Pleader to 7 inform the stand of the Government with regard to sub-rule 3(A) of Rule 12. In such circumstances, learned Government Pleader filed affidavit of the Commissioner of School Education. Para-5 of the said affidavit reads as follows : Further to submit that instructions were issued to all the Regional Joint Directors of School Education and District Educational Officers with a request to identify the surplus teachers/ existing teachers of defunct aided schools as per Rule 10(12) in G.O.Ms.No.l, Education, dated 01.01.1994 and transfer the surplus teachers as per Rule 10 (17) in G.O.Ms.No.l, Education, dated 01.01.1994 on a permanent basis and the same is under process”. In view of the above stand taken by the Government, all 9. the Writ Petitions are disposed of with the following directions : The respondent-authorities are hereby directed to permit i) the petitioners-institutions to fill up all the Aided vacancies in terms of G.O.Ms.No.l, 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 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 ; If surplus staff are not available, the Competent authority iv) 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 ; So far as minority institutions are concerned, the above V) 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^. 2002 (1)ALD 96 ‘ MANU/AP/0045/2019 9 The entire exercise shall be completed by the Vi) respondent-authorities within a period of three (03) months from the date of receipt of a copy of this order ; No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. K.SURESH REDDY,J 5'^ day of January,2023. Note : LR Copy to be marked B/o RPD 11 IN THE HIGH COURT OF ANDHRA PRADESH AT AAURAVATI **** WRIT PETITION Nos.30927 of 2022 and Batch Between: P.L.K.Aided Elementary School Rep. by its Correspondent Smt.B.Mercy Bai Palakole, West Godavari District Andhra Pradesh. —Petitioner And The State of Andhra Pradesh Department of School Education Block, Floor, Room No.267 Secretariat Buildings, Thullur Velagapudi, Guntur District-522 501 Represented by its Principal Secretary a three others ----Respondents DATE OF ORDER PRONOUNCED : 05.01.2023 SUBMITTED FOR APPROVAL THE HON BLE SRI JUSTICE K.SURESH REDDY 1. Whether the copy of order may be marked to Law Reporters/Journals? 2. Whether His Lordship wish to see the fair copy of the order? Yes Yes 12 K.SURESH REDDY, J. * THE HON’BLE SRI JUSTICE K.SURESH REDDY +WRIT PETITION Nos.30927 of 2022 and Batch % 05.01.2023 # Between: P.L.K.Aided Elementary School Rep. by its Correspondent Smt.B.Mercy Bai Palakole, West Godavari District Andhra Pradesh. —Petitioner And The State of Andhra Pradesh Department of School Education 4^^ Block, Floor, Room No.267 Secretariat Buildings, Thullur Velagapudi, Guntur District-522 501 Represented by its Principal Secretary & three others ---Respondents ! Counsel for the Petitioner : Sri N.Subba Rao '' Counsel for the Respondent : GP for School Education < Gist: > Head Note: ? Cases referred: 1. 2002 (1) ALD 96 2. MANU/AP/0045/2019