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2025 DAILYLAW 56463 (AP)

R.C.M. Schools, v. The State of Andhra Pradesh

WP/27056/2025 · 2025-10-13

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010526412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27056 OF 2025 Between: 1. R.C.M. Schools,, Diocese of Cuddapah Society, Rep by its Deputy Manager, Father Johnson Chettur, S/o late chettur peters, aged about 62 years, Mariapuram, Kadapa, YSR District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner of School Education, Government of Andhra Pradesh, Amaravathi, A.P. 3. Regional Joint Director of School Education, Kadapa, YSR District. 4. District Educational Officer, Kadapa, YSR District. 5. The District Treasury and Accounts Officer, Kadapa, YSR 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings dated 24.09.2025 vide Rc. No. /PSU EDN/KDP/2025 issued by the 5th respondent, as being illegal, SRK, J W.P.No.27056 of 2025 2 arbitrary, ultra vires, and violative of the principles of natural justice and the Petitioner's constitutional rights under Article 30 of the Constitution of India and consequently direct the respondents to immediately withdraw and quash the aforesaid proceedings dated 24.09.2025, restoring the status quo ante with respect to the salary disbursements of the 13 appointed teachers under the Diocese of Cuddapah Society and Recognize and uphold the Petitioner's authority as a minority institution under Article 30 to appoint, transfer, and manage teachers where their necessity is required, in compliance with the Andhra Pradesh Education Act, 1982, and relevant government orders such as G.O.Ms.No.1 (Education Department, dated 01.01.1994) and G.O.Ms.No.40 (Education, dated 18.06.2013). Counsel for the Petitioner: S.NAGESWARAREDDY Counsel for the Respondents: GP FOR SCHOOL EDUCATION Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following ORDER: The present Writ Petition has been filed questioning the letter, dated 24.09.2025, addressed by 5th respondent – District Treasury and Accounts Officer, Kadapa. 2. Grievance of the petitioner herein is that, basing on the complaint dated 25.08.2025, given by one K.C. Subbarayudu, State Secretary, Progressive Students’ Union, alleging that original appointments of teachers were given at one place and salaries were being drawn in another place, 5th respondent – SRK, J W.P.No.27056 of 2025 3 District Treasury and Accounts Officer, Kadapa, without issuing any notice or affording any opportunity of hearing to the petitioner, has addressed the impugned letter, dated 24.09.2025, requesting the District Educational Officer, Kadapa, to issue necessary instructions to the Mandal Educational Officers concerned for stopping the salaries to the said teachers. 3. Learned Assistant Government Pleader for School Education, on written instructions, submitted that basing on the representation made by one K.C. Subbarayudu, State Secretary, Progressive Students’ Union, the District Treasury and Accounts Officer, Kadapa, YSR Kadapa district, without obtaining any report from the District Educational Officer, YSR Kadapa district, has issued the impugned letter. He submitted that the District Educational Officer has obtained reports from the Mandal Educational Officers concerned, as to whether any deviation has occurred in drawing the salaries of the teachers, and as per the said reports there is no deviation. He further submitted that the respondents have conducted inspection and found that after approval of selection process, the petitioner - School issued appointment orders to 13 selected teachers and the salaries of the said teachers are being drawn from the Schools where they have been allotted to. It is further submitted that, the Mandal Educational Officers concerned also claimed salaries for the month of September 2025. As such, the salaries of those teachers are not stopped. SRK, J W.P.No.27056 of 2025 4 4. The written instructions of the District Educational Officer, YSR Kadapa district, dated 11.10.2025, and the reports of the Mandal Educational Officers concerned are placed on record. 5. In view of the fact that, pursuant to the inspection conducted by the respondents, they found that the salaries of the teachers are being drawn from the Schools where they have been allotted to and there are no deviations, as alleged in the complaint of K.C. Subbarayudu, dated 25.08.2025, and in view of the written instructions submitted by the District Educational Officer, YSR Kadapa district along with reports of the Mandal Educational Officers concerned, the impugned letter Rc.No. /PSU EDN/KDP/2025, dated 24.09.2025 of 5th respondent is set aside. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:14.10.2025 Nsr SRK, J W.P.No.27056 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.27056 of 2025 Date:14.10.2025 Nsr