[ 3504 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (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: 20688 OF 2017 Between: Viswabharathi School for the Blind Police Colony, A.K.Nagar, Dargamitta, Nellore - 524 004, Rep. by its Secretary & Correspondent, P. Rosamma, W/o Chennaiah, Aged 87 years. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education [PS.I] Department, Secretariat, Velagpudi, Amaravathi, Guntur. The Commissioner & Director of School Education, Govt, of Andhra Pradesh, Ibrahimpatnam, Vijayawada. The Regional Joint Director of School Education, Govt, of Andhra Pradesh, 12*^ Ward, Arundelpet, Guntur. The District Educational Officer, Nellore District, Nellore 1. 2. 3. 4. — ...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 appropriate a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in permitting the Petitioner to fill up the vacant aided both teaching and non teaching posts as illegal, arbitrary and violative of Article 14, 19 & 21 of the Constitution of India and consequently direct the / respondents to permit the Petitioner to fill up the vacant aided both teaching and non teaching posts. I.A. NO: 2 OF 2017 i.e., W.P.M.P. 25364/ 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 permit the Petitioners to fill up the vacant aided both teaching and non teaching posts. Counsel for the Petitioner:SRI. TVS KUMAR Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: / APHC010426582017 IN THE HIGH COURT OF ANDHF^A PRADESH AT AMARAVAT! (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 MO: 20688/2017 Between: Viswabharathi School For The Blind ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner 1.TVS KUMAR 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 Ramia Chandra 2. Rao, learned Government Pleader for School Educatiors, appearing for the respondents State. When the matter is taken up for hearing, it is brought to the notice of 3. this Court by both the learned counsels that similar issue had come up before this Court in W.P.No.3092/ of 2022 and Batch, and this Court disposed of the 2 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. 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: “ 9 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 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 Vi/ithin 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 5. common order dated 05.01.2023 in W.RIMo.30927 of 2022 and batch. When identical matter fell for consideration In W.P.No.4999 of 2024, this Court i/.u2.^uz4 uy iusiOvvssiy ihei aToresaid disposed of tne saia wni petition on 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 VV.P.No.30927 of 2022 & Batch, for the reasons al'ke, 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 aH the Aided vacancies I. ' 202(1) ALD 96 2MANU/AP/004.5/2019 4 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; !n future also, -A’henevar \-.aGarcles arise, the institution has to make applicatio;-; to the Compatart authorities for filing 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 a:oplication 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 the vacancies in accordance with the above said Rule preferably within a period of three (03) months; IV. up 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 No costs. As a sequel, miscesianeous applications pending, if any, shall also stand closed. Sd/- A. VENU GOPAL RAO assistant registrar //TRUE COPY// iP SECTION OFFICER To. 1. The Principal Secretary, School Education [PS.I] Department, Secretariat, Velagpudi, Amaravathi, Guntur, State of Andhra Pradesh (BY SPECIALMESSENGER) 2. The Commissioner & Director of School Education, Govt, of Andhra Pradesh, Ibrahimpatnam, Vijayawada. 3. The Regional Joint Director of School Education, Govt, of Andhra Pradesh, 12*^ Ward, Arundelpet, Guntur. 4. The District Educational Officer, Nellore District, Nellore (Addressee Nos.2 to 4 BY RPAD) 5. One CC to SRI. TVS KUMAR Advocate [OPUC] 6. Two CCs to GP FOR SCHOOL EDUCATION, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies HIGH COURT DATED:02/05/2025 ORDER WP.No.20688 of 2017 DISPOSSING THE WRIT PETITIION i