[ 3504 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (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: 36666 OF 2017 i'- Between: 1. Jaihand Upper Primary School, Rep by its Correspondent Sri V.V.Koteswara Rao, S/o. Anjaiah Aged about 63 years, R/o. Pedapalli Nagaram.Mandal, Guntur District.522 329 2. Aided Hindu Elementary School, Rep. by its. Correspondent, Smt K,Annapurna, W/o. K.S.R.A.Sarma, aged about 80 years Borravaripalem, Nizampatanam Mandal, Guntur District 3. A.S.U.P.School, Rep. by its Correspondent, Y.Syam Sundaram, S/o Rama Rao, aged about 54 years PudiWada, Nizampatanam Mandal Guntur District. 4. Aided Elementary School, (DS) Rep. by its, Correspondent, Smt D.M,Vasanthamma, D/o. Satyanandam, aged about 70 Bhattiprolu, Bhattiprolu Mandal, Guntur District. years 5. National Aided.U.P.School, Rep. by its Former Correspondent, D.Ramairrishna, S/o. Babu Rao, aged about 47 years Repalle, Repalle Mandal, Guntur District. 6. Aided Elementary School, Rep. by its Correspondent, Smt.K.Srujana, D/o. Gowri Sankar, aged about 34 years Morlavaripalem, Repalle Mandal, 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 Ibrahimpatnam Vijayawada, Krishna District 3. The District Educational Officer, Guntur, Guntur District Pradesh ...Respondents India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ Oder or direction nature of Writ of Mandamus, declaring the Petition under Article 226 of the Constitution of may more particularly one in the action on the part of the respondents failure to accord permission pursuant to proposals submitted by the petitioner on 5.09.2017 and 5.10.2017 to fill the vacant aided petitioners school as reguired to be accorded in the as per the provisions of the under, as illegal, arbitrary and consequently direct the respondents to accord permission to fill the vacant aided posts in petitioner the school. Education Act and rules made there L.A. NO: 1 OF 2017tWPMP. NO: 45534 OF 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 aided teaching posts on consideration of proposal submitted petitioners on 5-9-2017 and 5-10-2017- by the Counsel for the Petltioners:SRI. N SUBBA RAO Counsel for the Respondents: GP FOR EDUCATION The Court made the following: APHC010846302017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3504] FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 36666/2017 Between: Correspondent, Jaihand U.p.s., Guntur Dist & 5 Others and ...PETITIONER(S) Others AND ...RESPONDENT(S) PrI Secy Education Dept Guntur Dist 2 Others and Others Counsel for the Petitioner(S): 1.N SUBBA 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 petitioners-Education Institutions, challenging the action of the respondents in not permitting them to fill up the vacant posts in their Schools. 2. Heard learned counsel representing from the office of Sri N. Subba Rao, learned Senior Counsel for the petitioners and Sri Gurram Rama Chandra Rao, learned Government Pleader for School Education, appearing for the respondents State. 2 3. When the matter is taken this Court by both the learned counsels that similar i this Court in W.P.No.30927 of 2022 and Batch, up for hearing, it is brought to the notice issue had come up before 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 of 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. 4. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 & 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 are hereby directed to permit the petitioners-institutions to fill up all the Aided of G.O.Ms.No.1, Education, dated 01.01.1994 and also the Schedule prescribed under Sections 19 & 25 of the 2009; all the Writ i) vacancies in terms as per Act, 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 inform the same and permit the petitioners- institutions to fill up shall 3 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 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 three (03) months from the date of receipt of a copy of this order ” Vi) 5. 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 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. common order. Accordingly, this Writ Petition is disposed of in terms of the above common 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 6. 202(1) ALD 96 2MANU/AP/0045/2019 4 compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions:- The respondent-authorities are hereby directed to permit the petitioners-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; I. 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 petitioners-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. ^202(1) ALD 96 MANU/AP/0045/2019 5 V No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SD/- A. VENUGOPALA RAO ASSISTANT REGI^RAR //TRUE COPY// ON OFFICER S To, The PrI. Secretary, Education Department, Secretariat, Velagapudi Amaravati, Guntur District, State of A.P., (BY SPECIALMESSENGER) The Director of School Education, State of Andhra Pradesh, Ibrahimpatnam Vijayawada, Krishna District The District Educational Officer, Guntur, Guntur District (Addressee Nos.2 & 3 BY RPAD) One CC to SRI. N SUBBA RAO Advocate [OPUC] Two CCs to GP FOR EDUCATION, High Court Of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. HIGH COURT DATED:02/05/2025 ^^FANDTi^ I 0 5 JUK' 2025 g ^ . Current Section . ORDER WP.No.36666 of 2017 OISPOSSING THE WRIT PETITIION