IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY .THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE the honourable SRI JUSTICE MAHESWARA u, WRIT PETITION MO; 28017 OF 9ni7 :: AMARA RAO KUNCHEAIVF^ Between: 1. Residential Adivasi Upper Primary School Currespondent Dr T.R. Srinagar, 8th Lane, Guntur-2. 2. S.B.H.A.P. rep. by its Secretary & 68 years, R/o Jayachandar S/o Sambaiah School, Correspondent, O. Sambasiva Kothapalem, rep.by its Manager cum years, R/o 4- Nizampetnam (M) Guntur Rao 5/0 Narasimham, 40 169. Nakshatra Nagar. H/o Kothapalem District 3. Sri Ravindranath Tagore Committee Upper Primary School,, Srinivasa Raopeta, Guntur, rep.by its Secretary and Correspondent. G. Ugender S/O Late Keshavarao, 29 years. R/o D.No.25-17-112, Srinivasaraopeta, Guntur-4. 10th Line ...PETITIONERS AND 1. The State of A.P., Rep by its PrI. ‘ Secretariat, Velagapudi Amaravati, 2. The Director of School Education. Ibrahimpatnam Vijayawada, Krishna District 3. The District Educational Officer, Guntur, Guntur District Secretary -Education Department, Guntur District. State of Andhra Pradesh, ...RESPONDENTS praying that the High Court more particularly one in on the part of the Petition under Article 226 of the Constitution of India in the circumstances stated in the affidavit filed therewith may be pleased to issue a writ Oder or direction declaring the action accord permission f on 02.08.2017,25.07.2017and the nature of Writ of Mandamus, respondents in failure to the, petitioners. pursuant to proposals by 07.08.2017 respectively f 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 and pass I.A. NO: 1 OF 2017fWPMP. NO: 34819 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 vacant aided teaching posts on consideration of proposal submitted by the petitioners on, 02.08.2017, 25.07.2017and 07.08.2017 respectively. Counsel for the Petitioner :SRI. N SUBBA RAO Counsel for the Respondents: GP FOR EDUCATION (AP) The Court made the following order: / APHC010031232017 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: 28017/2017 Between: Residential Adivasi Upper Primary School and Others AND ...PETITIONER(S) The State Of A P 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: ...RESPONDENT(S) The instant writ petition is being filed by the petitioner-Education Institution, challenging the action of the respondents in not permitting them to fill up the vacant posts in its School. 2. Heard learned counsel representing, from the office of Sri N. Subba rao, learned Senior Counsel for the petitioner and Sri Gurram Rama Chandra Rao, learned Government Pleader for School Education, appearing for the respondents State. 3. 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 / 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. 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- 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 the Schedule prescribed under Sections 19 & 25 of the Act, 2009; ') as per 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; 3 ,r V) 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^. 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. 6. 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 compliance, in view of the difficulty expressed by the learned Government Plead^, with the following directions:- '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 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. vacancies 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; III. 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 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. 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 r No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary. Education Department Secretariat Buildings, Velagapudi, Guntur District.(SPECIAL MESSENGER) 2. The Director of School Education, State ofAnZaTadLh ^ Ibrahimpatnam Vijayawada, Krishna District ^ 3 by Officer, Guntur 4. One CC to SRI. N SUBBA RAO Advocate 5. Two CGs,tto,,^P.ROR EDUCATION (AP) Pradesh. [OUT] 6. Three CD Copies Guntur District.(Nos. 2 and [OPUC] High Court Of Andhra psk HIGH COURT DATED:02/05/2025 ORDER WP.No.28017of 2017 5 21 SEP 2025 ^ Current Secuon ^y/ m DISPOSING THE WRIT PETITION WITH NO COSTS