IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (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: 28079 OF 2017 Between; 1. Hindu Aided Upper Primary School, Rep. by its Manager & Correspondent, Sri.K. Sairam Pantulu, S/o. K.Byravaswami, aged 65 years, Isukapalli, Repalle, Guntur District, 2. Sri Panduranga Vidyalayam Aided Elementary, School, Rep. by its Manager & Correspondent, K.S.B. Tilak, S/o.Late K.L.Narasimharao , aged 62 years, R/o.5-52-38, 6/15, Brodipet,Guntur, Guntur District, 3. Sri Ravindra Vidyalayam Aided Elementary, School, Rep. by its Manager & Correspondent, Smt Ravinuthala Katyani, W/o Dammalapati Syam Prasad, aged about 70 years R/o.26-32-35/1, Srirangadhamam, 6th line, A.T.Agraharam, Guntur, Guntur District, 522 004. 4. Sri Potti Sriramulu Aided Elementary, School,Chowthra, Rep. by its Manager & Correspondent, Smt.V.Ramadevi, W/o.D.Venugopal, aged 62 years R/o.Plot no.305, Taganti Apartment, Palakaluru, Guntur, Guntur District. 5. Sri Raghvendra Upper Primary School, Arundelpet, Rep. by its Manager & Correspondent, J.V.R.Raghavendra Prabhu, S/a. Late J.Subbarao, aged about 72 years, Guntur District, Guntur.2. 6. N.M.R. Aided Upper Primary School, Johnnagar, Bapatia, Rep. by its Correspondent, Smt.B.Vasanthaleela, W/o. Moses, aged about 72 years, R/o.Bapatia Guntur District. ...PETITIONERS AND 1. The State of A.P., Rep by its PrI. Secretary Education Department, Secretariat, Velagapudi Amaravati, Guntur District. % 2. The Director of School Education State of, Andhra Pradesh, ‘ , Ibrahimpatnam, Vijayawada, Krishna District ... The District Educational Officer, Guntur, 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, petitioners, on 08.08.2017, 10.08.2017, 04.08.2017, 01.06.2004, 1.9.2005, 1.7.2008, 1.2.2010, 01.07.2012, 3.8.2017, 3.08.2017, 4.8.2017, 6.8.2011, 6.8.2011, 07.07.2016 and 5-8-2017 to fill the vacant aided posts 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 accord permission to fill the vacant aided posts in petitioner the school. I.A. NO: 1 OF 2017fWPMP. I.A. NO: 1 OF 2017fWPMP. NO: 34888 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 3 to accord permission to fill the five vacant aides, teaching posts on consideration of proposal submitted by the petitioners on 08.08.2017, 10.08.2017, 04.08.2017, 01.Q6.2004, 1.9.2005, 1.7.2008, 1.2.2010, 01.07.2012, 3.8.2017, 3.08.2017, 4.8.2017, 5.8.2011, 6.8.2011, 07.07.2016 and 5-8-2017 pending disposal of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner: SRI N SUBBA RAO Counsel for the Respondents: GP FOR EDUCATION The Court made the following: ORDER 1 APHC010582042017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3504] FRIDAY. THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28079/2017 Between: Hindu Aided Upper Primary School, and Others AND ...PETITIONER(S) ...RESPONDENT{S) The State Of A P and Others Counsel for the Petitioner(S): 1.NSUBBA RAO Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) 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 from the office of Sri N. Subba Rao, learned Senior Counsel for the petitioner and Sri Gurram Rama Chandra 2. Rao, learned 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 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. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 4. & Batch. Relevant portion of the said order is reproduced as under; “ 9. In 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 as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009; i) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; ii) 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; iii) 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; iv) i. € 3 So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff 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) are 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 ” Vi) both the learned counsels have brought to the notice of this Further, that, as of now, no appeal has been filed challenging the aforesaid order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When 5. Court common identical matter fell for consideration in W.P.No.4999 of 2024, this Court disposed of the said writ petition on 27.02.2024 by following the aforesaid common order. In view of the series of orders on the same subject matter, this Court is of the considered opinion that the facts of the present case are also squarely covered by the common order dated 05.01.2023 of this Court. Accordingly, this Writ Petition is disposed of in terms of the above order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 & Batch, for the reasons alike, however, by extending the time for compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions:- 6. common '202(1) ALD 96 2 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; 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 up the vacancies in accordance with the above said Rule, preferably within a period of three (03) months; IV. 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 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'^. V. 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 ” VI. 3 202(1) ALD 96 ^ MANU/AP/0045/2019 ir % 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. y Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR //TRUE COPY// SEenbN OFFICER To 1. The PrinGipahSeC|;:^arY, Education Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The.. Director-*'of - School Education, State of Andhra Pradesh, Ibrahimpatnam Vijayawada, Krishna District 3. The DisVtct Educatiofial'Officer, Guntur, Guntur District 4. One CC to Sri N Subba Rao Advocate [OPUC] 5. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF HIGH COURT DATED:02/05/2025 ORDER WP.No.28079 of 2017 DISPOSING OF THE W.P., WITHOUT COSTS