APHC010024392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1658/2026 Between: Ajk Oriental Secondary School ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR ENDOWMENTS The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.1658 of 2026 O R DE R: 1. The Writ Petition is filed questioning the action of the Respondents in not granting permission to fill up the vacant Aided posts in the Petitioner’s institution as illegal and arbitrary. 2. The facts leading to filing of the Writ Petition are as follows: The Petitioner’s institution was founded in 1907 by Sri Kopalle Hanumantha Rao Panturu, freedom fighter, and the same was later registered under the provisions of Act XXI of 1860 ( Vide No.1/1911- 12, dated 19.06.1911, District Registrar, Krishna District). The Petitioner’s institution was subsequently admitted to Grant-in-Aid and sanctioned 13 teaching and two non teaching posts vide Rc.No.61/A4/75, dated 13.11.1975. After commencement of the Act 30 of 1987, the Government constituted a five member committee vide G.O.Ms.No.531, dated 28.05.1987 to review the management structure of Andhra Jatheeya Vidya Parishad and thereafter, the Government accepted the Committee’s Report and issued G.O.Ms.No.655, dated 11.07.1990 which authorized the nomination of a Board of Trustees empowered to appoint a Director to act as Chief Executive, Treasurer and Correspondent of all educational institutions of the Parishad. 3 3. While so, G.O.Ms.No.1 Education Department, dated 01.01.1994, was issued prescribing the modalities for appointment of staff in the aided institutions. Subsequently, the Government imposed ban on recruitment of aided staff into aided institutions vide Memo dated 20.10.2004. Thereafter, several Writ Petitions were filed by several managements and this Court in W.P.No.9503 of 2005 and batch allowed the said Writ Petitions holding that the ban of aided staff recruitment is illegal and arbitrary and the same was confirmed by a division bench of this Court in W.A.No.216 of 2014 and the Hon’ble Supreme Court in SLP No.8547 of 2014. 4. It is stated that there are vacancies in the aided institution of the Petitioner and the same are not being permitted by the Respondent authorities to fill up the posts in spite of best efforts. 5. Learned counsel for the Petitioner, while placing reliance on a coordinate judgment of this Court in W.P.No.30927 of 2022 and batch for filing up the vacancies, submits that the guidelines prescribed therein are being adhered to by the Respondent Department and the same may be extended to the Petitioner’s Institution. 6. Sri G. Ramachandra Rao, learned Government Pleader for School Education would submit that the State Government had issued G.O.Ms.No.40 SE (PS) Department, dated 30.06.2017 and 4 G.O.Ms.No.59, dated 22.06.2023 prescribing certain modalities for filing up the unaided posts and the both the Governments Orders are under challenge and this Court passed interim orders suspending the operation of the said Government Orders. In fairness, the learned Government Pleader would submit that the guidelines prescribed in W.P.No.30927 of 2022 and batch would be adhered to by the Respondents in filing up the aided vacancy posts in the Petitioner’s institution. 7. Heard the learned counsels. 8. Considering the submissions made, the Writ Petition is disposed of with the following directions: i) The Respondents are directed to adhere to the guidelines prescribed by the coordinate bench of this Court in W.P.No.30927 of 2022 and batch, dated 05.01.2023 to fill up the vacancies in the aided institution of the Petitioner subject to the outcome of the validity of the G.O.Ms.No.40 SE (PS) Department, dated 30.06.2017 and G.O.Ms.No.59, dated 22.06.2023. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 21.01.2026 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1658/2026 Dt. 21.01.2026 eha