Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010631952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32768/2025 Between: 1. SRI RAGHAVENDRA (TM) AIDED ELEMENTARY SCHOOL, ALLAGADDA, REP.BY ITS CORRESPONDENT SRI Y. PAPI REDDY,S/O PEDDAPULLA REDDY, AGED 80 YEARS, ALLAGADDA,NANDYAL DISTRICT (KURNOOL DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRI. SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVT, OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, NANDYAL, NANDYAL DISTRICT,KURNOOL DISTRICT. 2 4. THE MANDAL EDUCATION OFFICER, ALLAGADDA, NANDYAL DISTRICT (KURNOOL DISTRICT). ...RESPONDENT(S): 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 of Mandamus or any other appropriate Writ, Order or direction, declaring the action of the respondents in not permitting to fill the vacant aided posts in petitioner School as illegal, arbitrary and also in contravention of Right to Education Act, and the Rules made there under and consequently direct the respondents to fill the vacant aided posts in the petitioner School as per the provisions of Right to Education Act, 2009, Rules made under and to pass IA NO: 1 OF 2025 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 Pleased to direct the respondents to take a decision on the proposals dt.30.8.2025 to fill the vacant aided posts in the petitioner School as per the Right of Education Act, 2009, Rules made there under pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY 3 W.P.No. 32768 of 2025 O R D E R: This writ petition is filed declaring the action of Respondents in not permitting to fill the vacant aided posts on Petitioner-School as illegal and arbitrary. As common order is being passed, W.P.No.3276 8 of 2025 is taken for narrating the facts. 2. The facts leading to this case are as follows; The Petitioner-School was established in the year 1983 and the school was admitted into grant-in-aid with five (5) posts. Out of the five (5) posts, four (4) posts were vacant and permission to fill up the vacancies were not given in view of the general ban in filling vacant aided posts issued by the Government vide Memo No.12080/COSE/A2/2004 dated 20.10.2004. 3. This general ban was challenged before this Court in W.P.No.9503 of 2005 and the writ petition was disposed of on 30.06.2013 setting aside the ban memo. The Writ Appeals filed thereon i.e. W.A.Nos.216 and 222 of 2013 were dismissed on 25.04.2013. The Government then preferred appeal vide 4 SLP.No.8547 of 2014 before Hon’ble Supreme Court and the same was dismissed on 14.09.2015. 4. Eventually, the State Government issued Memo No.18836/SC.PS/A1/2012 dated 04.01.2017 permitting aided institutions who approached out to fill up vacant posts by lifting the ban. Subsequently, the Government issued G.O.Ms.No.40, School Education Department, dated 30.06.2017, and the Commissioner of School Education had issued proceedings in Rc.No.90/PS-1/2010-3, dated 20.07.2017directing Regional Joint Director of School Education and District Educational Officers to take action to fill up vacancies in the schools and the authorities were directed to act on the same. 5. Again a memo was issued on 12.09.2017 vide Memo No.756924/PS/A2/2017 keeping the appointment process in abeyance. This was again questioned in W.P.No.1041 of 2018 and an interim order was passed on 29.02.2020 suspending the abeyance memo. 6. While so, private aided institutions field W.P.No.30927 of 2022 and batch to fill up vacant aided vacancies in their 5 respective schools. This Court vide common order dated 05.01.2023 disposed of the writ petitions with following directions: 9. In 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 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 6 Others1 and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others2. 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. 7. W.P.No.1041 of 2018 referred above was disposed of on 19.02.2024 setting aside the abeyance memo. As permission was not being accorded to the Petitioner-School despite the aforesaid orders, the Petitioner–School also filed W.P.No.38079 of 2022 questioning the same. The writ petition was disposed of in terms of the orders in W.P.No.30927 of 2022 and batch. As the orders were not being implemented, C.C.No.2095 of 2024 was filed. 8. The Contempt Case was closed vide order dated 06.02.2025 as the DGO had accorded permission to fill up three vacant aided teaching posts as per Roster points mentioned by way of direct recruitment. It was also recorded that pursuant to the permission, notification was published in Eenadu and Andhra Jyothi Telugu daily news papers on 13.12.2024 inviting applications from eligible candidates for the posts on or before 09.01.2025. 1 2002 (1) ALD 96 7 9. At the time of issuance of paper publication, three (3) aided posts were vacant in the Petitioner-School. Subsequently, on 31.07.2025, 4th vacancy arose on account of retirement. The Petitioner had sought for filling up of this vacancy in the institution along with the previous posts. 10. In the counter affidavit filed by Respondent No.3, it is stated that pursuant to the orders passed in W.P.No.38079 of 2022, dated 16.02.2024, proposals were submitted to the Commissioner of School Education, Amaravathi to accord permission to the Management of Petitioner-School to fill up the three (3) vacant aided posts. The Commissioner in turn sent the proposals to the Government on 13.05.2024. Subsequently, Government vide Memo No.2434256/PS/2024, dated 28.05.2024 had accorded permission to the Commissioner of School Education to permit the Petitioner aided institution in C.C.No.2095 of 2024 in W.P.No.38079 of 2022 to fill up the vacant aided teaching posts by way of direct recruitment, duly following the procedure. Accordingly, further action was taken by the D.E.O. was specified therein. 8 11. It is stated that due to non-submission of offline applications of the Petitioner, the entire process of filling up of the vacant posts in the Petitioner-School was held up. It is further stated that during implementation process of these vacancies, one Sri B.Venkateswarlu, HM(SGT) had retired on 31.07.2025 on attaining the age of superannuation and the Petitioner had sought for filling up of this vacancy in the institution along with the previous posts notified. It is stated that the State Government had issued orders regarding the rationalization of Private Aided schools and norms to be followed for filling up vacant teaching posts vide G.O.Ms.No.59, SE (PS) Department, dated 22.06.2023. As per the UDISE strength of the Petitioner-School for the year 2024-25, five (5) teachers are eligible. It is further stated that three (3) posts permitted are also not filled up due to non-submission of offline application of the Petitioner-School. After completion of permitted posts, fresh proposals will be submitted to Respondent No.2 for obtaining permission from Respondent No.1 to fill up the vacancy that has arisen due to retirement of one Sri B.Venkateswarlu in terms of G.O.Ms.No.30, dated 11.07.2025. 9 12. Heard Sri N.Subba Rao, learned senior counsel for Sri Devi Prasad, learned counsel for the Petitioner and learned Government Pleader for School Education. 13. After issuance of the notification for filling up of the three vacant aided posts, an additional vacancy arose. In the counter affidavit, it was stated that proposals were sent to the Government seeking permission to fill up (03) vacancies. In turn, the Government accorded permission vide Memo No.2434256/PS/2024, dated 28.05.2024. Consequently, public notification was issued to fill up the said vacancies. During the process, 4th vacancy of an aided post on account of retirement of one Sri B.Venkateswarlu had arisen. 14. In the counter affidavit, it was specifically stated that after filling up of the three vacant aided posts, fresh proposals will be submitted to Respondent No.2 for obtaining permission from the State Government relevant portion at paragraph 19 is extracted below: “19. I submit that three posts permitted also are not filled up due to non-submission of the Offline applications by the Petitioner. That after the completion of permitted posts fresh proposals will be submitted to the 2nd Respondent to 10 fill up the vacancy that has arisen due to the retirement of Sri B.Venkateswarlu in terms of G.O.Ms.No.30 dated 11.07.2025, after the filling up of three posts which were notified earlier also in terms of G.O.Ms.No.30, dated 11.07.2025.” 15. In the light of the categorical statement, the grievance of the Petitioner is redressed and accordingly, writ petition is disposed of with a direction to the Respondents to submit proposals for filling up the 4th vacant aided post after the completion of filling up the vacant aided posts notified. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 22.09.2026 KLP