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: 33281 OF 2017 Between: City Aided Elementary School, Sambamurthynagar, Kakinada East Godavary District Andhra Pradesh, Rep by its Correspondent Sri. R. Ramabhadra Rao ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, School Education Department Secretariat, Velgapudi, Guntur District 2. The Commissioner & Director of School Education, Andhra Pradesh Ibrahimpatnam, Krishna District 3. The Regional Joint Director of School Education, Kakinada, Andhra Pradesh State 4. The District Educational Officer, East Godavari Dist at Kakinada A.P. ...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 writ more in the nature of Writ of Mandamus declaring the action of the 2nd Respondent, Commissioner, of School Education, Andhra Pradesh in not communicating the lifting of the ban by the Government vide Memo in No. 18836/SE.PS/A1/ 2012 Dated; 04-01-2017 and enabling the filling up of the vacant posts in Aided instructions contrary to ' institutions and on the other hand issuing executive Rules and confining the permission to fill up the posts to the the Statutory •. schools that are parties to Writ Petition No arbitrary, illegal, subversive of Rule of 3 & 4 to forthwith process the the procedure contemplated in t!,- 9503/2005 and batch; as being s and consequently direct the proposals of the Management Go Ms. No; 1 Respondents dated 15-03-2017 as per Dated: 01.01.1994; and issue such other Writ or deemed fit and proper in the circumstances of case. Order or direction as I.A. NO: 1 OF 2Q17fWPMP. NO: 41395 OF 20171 151 CPC praying that in the circumstances the High Court may be Petition under Section stated in the affidavit filed in support of the petition direct the Respondents 3 and 4 to forthwith process dated 15-03-2017 for filling up of 4 institution and accord the pleased to proposals of the petitioner management vacant Aided posts in Petitioner in terms of the provisions Writ Petition the interest of Justice. Schools in the under GO Ms. No. 1, Dated; permission 1.1.1994, pending lA NO: 1 OF 2018 of Andhra Pradesh, rep by its Principal Secretary, School Department Secretariat, Velgapudi, Guntur District 1. The State Education & Director of School Education, Andhra Pradesh 2. The Commissioner Ibrahimpatnam 3. The Regional Pradesh State 4. The District Educational Officer, East Godavari Dist at Kakinada A.P. ...Petitioners/Respondents Krishna District Joint Director of School Education, Kakinada. Andhra AND CityAided Elementary School, Sambamurthynagar, Kakinada East Godavary District Andhra Pradesh, Rep by its Correspondent Sri. R. Ramabhadra Rao ...Respondent/Petitioner 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 orders dated 05.10.2017 made in WPMP.No. 41395/2017 in WP.No. 33281/2017 Counsel for the Petitioner: SRI CH SAMSON BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION (AP) The Court made the following: Order / APHC010738202017 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: 33281/2017 Between: City Aided Elementary School ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CH SAMSON BABU Counsel for the Respondent(S): 1.GP FOR SCHOOL 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 Sri Ch. Samson Babu, learned 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 requested to grant reasonable time for compliance of the directions 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 and Batch. Relevant portion of the said order is reproduced as under: Education to be “ 9 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; i) as per 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 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 the vacancies in accordance with the above said Rule preferably within a period of two (02) months; up 3 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 Axene Res. High School and Others .V State of Andhra Pradesh and Others^. and Ester 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 ” 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. 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 When 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. 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 compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions:- time for \ '202(1)ALD 96 2 MANU/AP/0045/2019 4 The respondent-authorities the petitioner-institution to fill I. are hereby directed to permit J up all the Aided vacancies dated 01.01.1994 prescribed under Sections in terms of G.O.Ms.No.1, Education, and also as per the Schedule 19 & 25 of the Act, 2009; In future also, whenever II. vacancies arise, the institution Competent authorities for has to make application to the filling up the vacancies' On such application, the Competent authorities shall inform the institution about the availability of qualified surplus staff within a penod of four (04) weeks from the date of applioation 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 preferably within a period of three (03) months; IV. up said Rule, V. So far as minority institutions procedure is not applicable insofar are concerned, the above as allotment of surplus staff Division Bench of Zamisthanpur .V and Others^ and Ester and Others .V State of Andhra are concerned, in view of the Judgments of this Court rendered in Modern High School, Government of Andhra Pradesh Axene Res. High School Pradesh and Others*. VI. The entire authorities within receipt of a copy of this order exercise shall be completed by the respondent- date of a period of four (04) months from the '"^■^02(1) ALD 96 * M'ANU/AP/0045/20I9 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, School Education Department Secretariat, Velgapudi, Guntur District 2. The Commissioner & Director of School Education, Andhra Pradesh, Ibrahimpatnam, Krishna District 3. The Regional Joint Director of School Education, Kakinada, Andhra Pradesh State 4 The District Educational Officer, East Godavari Dist at Kakinada A.P. {No.2 to 4 by RPAD) 5. One CC to SRI CH SAMSON BABU Advocate [OPUC] 6. Two CCs to GP FOR SCHOOL EDUCATION (AP), High Court of Andhra Pradesh [OUT] 7. Three CD Copies V' i HIGH COURT DATED:02/05/2025 ORDER WP.No.33281 of 2017 DISPOSING THE WRIT PETITION WITH NO COSTS