IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) FRIDAY. THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 37892 OF 2017 Between: S. V. Aided Primary School, Kandukur Road, 3^'^ Line, Singarayakonda, Prakasam District, Rep. by its Correspondent. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. 2. Commissioner of School Education, Andhra Pradesh, Ibrahimpatnam, Krishna District. -- 3. Regional Joint Director, School Education Department, 12*^ Ward, Arundelpet, Guntur. 4. District Educational Officer, Prakasam District, Ongole. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring memo no. 18836/PS/A2/2010-34 dated 30.06.2017 issued by the first respondent and the consequential memo in Rc. No. 90/PS-I/2010-3 dated 20.07.2017 issued by the second respondent in according permission only to the institutions covered in W.P.No.9503 of 2005 and batch (78 petitioner Managements) for filling up the aided posts on permanent basis as illegal, arbitrary, discriminatory, against G.O.Ms. No.40 School Education (PS) Department dated 30.06.2017 and against the provisions of Articles 14, 16 and 21-A of the Constitution of India and set aside the same and consequentially direct the respondents to accord permission to the petitioner school to fill up all the vacant grant-in-aid SGT posts. I.A. NO: 1 OF 2017(WPMP.NO: 47057 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 to accord permission to the petitioner school to fill up vacant aided posts, pending disposal of the above writ petition. lA NO: 1 OF 2018 Between: 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur t:-1':' District. 2. Commissioner of School Education, Andhra Pradesh, Ibrahimpatnam, Krishna District. ' 3. Regional Joint Director, School Education Department, 12*" Ward, Arundelpet, Guntur. 4. District Educational Officer, Prakasam District, Ongole. ...PETITIONERS/RESPONDENTS AND S. V. Aided Primary School, Kandukur Road, 3'^'^ Line, Singarayakonda Prakasam District, Rep. by its Cerrefspondent. ...RESPONDENTS 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 order passed in W.P.M.P.No.47057 of 2017 in W.P.No.37892 of 2017 dated 13.11.2017. Counsel for the Petitioner: SRI P. V. S. S. S. RAMA RAO Counsel for the Respondent Nos.1 to 4: GP FOR SCHOOL EDUCATION The Court made the following: ORDER APHC010835712017 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: 37892/2017 Between: ...PETITIONER S. V. Aided Primary School, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PVSSS RAMA RAO Counsel for the Respondent(S): 1.GP FOR SCHOOL 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 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. this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the 2 <4 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 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 and Batch. Relevant portion of the said order i in W.P.No.30927 of 2022 IS reproduced as under; above stand taken by the Government, Petitions are disposed of with the following directions; all the Writ i) The respondent-authorities are hereby directed to permit the petitioners-institutions to fill up all the Aided vacancies of G.O.Ms.No.1, Education, dated 01.01 in terms 1994 and also as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009; ii) In future also, whenever to make applications to the Competent authorities the vacancies; vacancies arise, the institutions have for filling up iii) On such applications, the Competent authorities the institution about the availability of qualified within a period of four (04) weeks from the date and allot said surplus staff on permanent basis; shall inform surplus staff, of application iv) If surplus staff are not available, the Competent authority 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; shall V) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff 3 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^. 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 ” Further, both the learned counsels have brought to the notice of this Court that, as of now, no appeal has been filed challenging the aforesaid common order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When 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. 5. 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 The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided vacancies I. •202(1) ALD 96 2 MANU/AP/0045/2019 4 4 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; II. 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 2Tf2Cr7ALD 96 “ MANU/AP/0045/2019 5 % No costs. As a sequel, miscellaneous applications also stand closed. pending, if any, shall Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. Commissioner of School Education, Andhra Pradesh, Ibrahimpatnam, Krishna District. Regional Joint Director, School Education Department, 12*^ Ward, Arundelpet, Guntur. District Educational Officer, Prakasam District, Ongole. One CC to Sri P. V. S. S. S. Rama Rao, Advocate [OPUC] Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. ssb » HIGH COURT DATED:02/05/2025 ORDER WP.No.37892 of 2017 DISPOSING OF THE W.P. WITHOUT COSTS