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2026 DAILYLAW 2049 (AP)

Bishop Azariah Elementary School for Girls, v. The State of Andhra Pradesh

WP/12691/2026 · 2026-05-03

Nyapathy Vijay

body2026

Judgment text

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APHC010242492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12691/2026 Between: 1. BISHOP AZARIAH ELEMENTARY SCHOOL FOR GIRLS,, VIJAYAWADA, KRISHNA DISTRICT REPRESENTED BY ITS CORRESPONDENT D JOSHUVA KUMARI R/O D. NO.29-19-87/3, BISHOP AZARIAH SCHOOL COMPOUND, BISHOP HOUSE, LABBIPET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KAKINADA, KAKINADA DISTRICT. 2 4. THE DISTRICT EDUCATIONAL OFFICER, VJAYAWADA URBAN, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 tomay be pleased to issue a writ, order or direction more particularly one in the Nature of Writ of Mandamus declare the inaction of Respondents 4 in not considering the representation dated 12.07.2025 for filling up the vacant aided posts, as illegal, arbitrary, and unconstitutional, and as being contrary to the provisions of the G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994 and Andhra Pradesh Education Act, 1982 and in violation of the petitioners fundamental rights under Articles 14 and 21A of the Constitution of India, and consequently, direct the respondents to correct the data entered in UDISE Portal and fill the vacant posts of teachers and pass such IA NO: 1 OF 2026 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 may be pleased to direct the Respondents to correct the data entered in UDISE Portal and to pass such Counsel for the Petitioner: 1. RAJA DAMOJI RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.12691 of 2026 O R DE R: 1. The present Writ Petition is filed questioning the action of Respondent No.4 in not considering the representation, dated 12.07.2025 for filling up of vacant aided posts, as illegal and arbitrary. 2. The Petitioner is a recognized elementary school for girls and has been admitted for grant-in-aid. It was submitted that, 07 grant-in-aid posts were sanctioned to the Petitioner/School and as on date, 06 posts are vacant. A representation was given by the Petitioner/School on 12.07.2025 seeking for filling up of the vacant aided posts in terms of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools Under Private Managements) Rules, 1993 and G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994. As the representation given by the Petitioner/School was not being considered, the present Writ Petition is filed. 4 3. Learned Assistant Government Pleader submitted that, as on date, the Petitioner/School is having only 95 students and the representation given by the Petitioner/School will be considered, taking note of the strength of the Petitioner/School in terms of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools Under Private Managements) Rules, 1993 and in terms of G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994, as amended from time to time. 4. Considering the submissions, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to consider the representation, dated 12.07.2025 given by the Petitioner/School, taking note of the strength of the students in the Petitioner/School and in terms of G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994, as amended from time to time. (ii) There shall be no order as to costs. 5 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.05.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 175 WRIT PETITION NO:12691/2026 Dt. 04.05.2026 chs