APHC010573822013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16854/2013 Between: 1. ST. MARY FATHIMA HIGH SCHOOL, BYRMAL STREET, NANDYAL, KURNOOL DISTRICT, REP. BY THE CORRESPONDENT K.A. PRAKASH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY,SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. THE COMMISSIONER DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, SAIFABAD, HYDERABAD. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA REGION, KADAPA DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner for filling up of the aided vacant Posts due to retirement, Promotion and other reasons, on the ground that ban imposed by the 1st respondent vide Government Memo No. 12080/COSE/A4/2004 dated 20.10.2004 as illegal, arbitrary, against the Principles of Natural Justice and 2 contrary to the provisions of Right of Children to Free and Compulsory Education Act, 2009 [Act No. 35 of 2009] consequently direct the respondents to Permit the petitioner to fill up the aided vacant posts in view of the recent Judgment rendered by the Hon'ble Supreme Court of India in WP (Civil) No. 631 of 2004 dated 03.10.2012 which was reported in 2012 (10) SCC 197, and pass. IA NO: 1 OF 2013(WVMP 2674 OF 2013 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 dt. 14.06.2013 granted in W.P.M.P. No. 20442 of 2013 in W.P. No. 16854 of 2013 and dismiss the Writ Petition in the interest of justice. IA NO: 2 OF 2013(WPMP 20442 OF 2013 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 direct the respondents to allow the petitioner to fill up the aided vacant posts in terms of Teacher pupil ratio as per "The Andhra Pradesh Right of Children to Free and Compulsory Education Rules 2010" issue rules GO Ms. No. 20 School Education (PE. Prog. 1) Department dt: 03.03.2011, pending disposal of the writ petition and pass. Counsel for the Petitioner: 1. GANGISETTY RAJESWARA RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 3 Order:- This writ petition was filed challenging the action of the respondents in not permitting the petitioner to fill up the aided vacant posts arising due to retirement, promotion, and other reasons, on the ground of a ban imposed by the 1st respondent vide Government Memo No. 12080/COSE/A4/2004, dated 20.10.2004. 2. The learned counsel appearing for the respondents submits that the grievance of the petitioner has been adequately addressed by the respondents. 3. Recording the same, this writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 03.02.2026 PNS