APHC010451482014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2138/2014 Between: 1. ANDHRA BLIND MODEL HIGH SCHOOL,, ROYAPET, NARASAPUR, W.G. DISTRICT, REP. BY ITS CORRESPONDENT REV. B. ISRAEL, SON OF VENKATARATNAM, AGED 80 YEARS, R/O. ROYAPET, NARASAPUR, W.G. DISTRICT. ...PETITIONER AND 1. GOVERNMENT OF ANDHRA PRADESH SCHOOL EDUCATION DEPARTMENT, REP. BY ITS SECRETARY TO GOVERNMENT, SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, HYDERABAD. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KAKINADA, E.G. DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, W.G. DISTRICT, ELURU. ...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, (1) declaring G.O.Ms.No.39, dated 17.6.2013 and G.O.Ms.No.40, Education, dated 18.6.2013 issued by the 1st respondent sought to be applicable to the Petitioner School is in contravention of Article 30(1) of the Constitution of India and also (2) declare the action of the respondents in not 2 granting permission pursuant to the proposals submitted by the Petitioner on 26.12.2005, 30.9.2007, 29.7.2010 and 15.11.2013 to fill the aided vacant posts as illegal, contrary to the Education Act and the Rules made thereunder and consequently direct the respondents to accord permission to the Petitioner School to fill the vacant aided posts pursuant to the proposals submitted by Petitioner on 26.12.2005, 30.9.2007, 29.7.2010 and 15.11.2013 and pass IA NO: 1 OF 2014(WPMP 2599 OF 2014 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 direct the respondents to accord permission to fill the vacant aided Secondary Grade Teacher post in the Petitioner School by taking a decision on the proposals submitted by the Petitioner on 26.12.2005, 30.9.2007, 29.7.2010 and 15.11.2013, notwithstanding G.O.Ms.No.39, dated 17.6.2013 and G.O.Ms.No.40, Education, dated 18.6.2013 issued by the 1st respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. N SUBBA RAO Counsel for the Respondent(S): 1. GP FOR EDUCATION The Court made the following: 3 Order:- The petitioner is an aided school established for blind children. The petitioner submitted proposals on 26.12.2005, 30.09.2007, 29.07.2010 and 15.11.2013 to fill the aided vacant posts. 2. It is submitted that there were five (05) vacant aided posts which remained unfilled for several years on account of the ban imposed by the State on recruitment. In this regard, the petitioner submitted several representations seeking approval of the competent respondent authority for filling up the vacant aided posts. 3. The 4th respondent has filed a counter, duly intimating the ban imposed by the State Government and that the proposals of the petitioner could not be considered at that point of time on account of the ban imposed by the State Government. 4. The learned Assistant Government Pleader for School Education, on instructions, submits that the ban was subsequently lifted in the year 2017. However, insofar as the petitioner’s school is concerned, it is stated on instructions that the petitioner at present has three (03) working aided teaching faculty with twenty-eight (28) students and that at present there is no requirement for recruiting any additional teaching staff. 5. Recording the submissions, it is made clear to the respondents to consider recruiting additional staff as and when there is an additional 4 requirement in accordance with G.O.Ms.No.1, dated 01.01.1994. Needless to mention that the respondents shall have to fill up the aided vacancies as and when there is a necessity and requirement in the interest of the children studying at the school established for blind children. For any further recruitment or engagement of additional staff, the petitioner shall be at liberty to submit fresh proposals and on submission of such proposals; the respondent authority shall consider the same in accordance with law. 6. With these observations, this Writ Petition stands closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 21.01.2026 PNS