Andhra Pradesh High Court - Amravati
Holy Cross Girls High School vs The State Of Andhra Pradesh on 28 February, 2024
APHC010100002024 IN THE HIGH COURT OF ANDHRA PRADESH
:: AMARAVATI
(Special Original Jurisdiction) [
3333
WEDNESDAY ,THE TWENTY EIGHTH DAY OF ]
FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 5198 OF 2024
Between:
1. HOLY CROSS GIRLS HIGH SCHOOL, Railway Station Road, Nandyal,
Nandyal District, formerly Kurnool District, Andhra Pradesh.
Represented by its Secretary, CSI, Diocese of Nandyal, Sri. Z. Stanley
Williams S/0 Late Z. Benedict Williams, aged 60 years, R/0 H. No. 26-
154-C2, Gnanapuram, Nandyal, Nandyal District, Andhra Pradesh.
...PETITIONER(S)
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 District Educational Officer, Nandyal, Nandyal District, Andhra
Pradesh.
...RESPONDENTS
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 topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not granting permission to fill up the vacant Aided posts in the petitioner institutions as per the G.O.Ms. No. 40 dated 30.06.2017 and consequential proceedings in RC No. 90/PS-1/2010-3 dated 20.07.2017 despite representation made by the petitioner to the 3rd respondent dated 23.03.2022 received on 26.03.2022 as well as per the orders of this Honourable Court in WP No. 6283 of 2014 dated 25.10.2021 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and consequently direct the respondents 2 and 3 herein to permit the petitioner institution to fill up the vacant Aided posts as per G.O.Ms. No. 40 dated 30.06.2017 and consequential proceedings of 2nd respondent vide Rc. No. 90/PS-1/2010-3 dated 20.07.2017 in the light of the orders passed in WP No. 30927 of 2022 and batch dated 05.01.2023 and to pass Counsel for the Petitioner(s):SRI. V SAI KUMAR Counsel for the Respondents: GP FOR SCHOOL EDUCATION (AP) The Court made the following:
Heard Mr.V.Sai Kumar, learned counsel for the petitioner, learned Government Pleader for School Education appearing for the respondents.
2. During hearing, learned Government Pleader for School Education as well as learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.30927 of 2022 and batch, dated 05.01.2023, wherein a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said order reads as under:
"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 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"
3. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of. There shall be no order as to costs.
Registry is directed to attach the copy of the order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 to this order.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE V.SUJATHA KGR