Andhra Pradesh High Court - Amravati
Sri Balasiva Yogindra Maharaja Degree ... vs The State Of Ap., Rep By Its ... on 8 January, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.21750 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"...to issue an appropriate Writ, Order or direction mostly one which is in the nature of a Writ of Mandamus, declaring the action of the Respondents in not absorbing and regularizing the Non Teaching staff of science courses working in petitioner's college in aided posts either by admitting the 27 Non Teaching posts to grant-in-aid or b shifting the surplus vacant posts of non teaching staff from other colleges to the petitioner's college and absorb the non teaching staff working in the petitioner's college into such posts and the Memo No.1590/CE.II/2003-5, dated 04.3.2004, Memo No.1590/CE.II.2/2003-6, dated 25.6.2005 and Memo No.1590/CE/A.2/2003, dated 24.7.2014 of the 1st respondent as illegal, irregular, arbitrary, unreasonable, unjustified, unconstitutional and unsustainable and direct the respondents to admit the non teaching staff working in the petitioner's college in Science courses to grant-in-aid....".
2. Heard learned counsel for the petitioner and learned Government Pleader for Higher Education.
3. Learned counsel for the petitioner has submitted that the issue involved in this writ petition is squarely covered by the 2 common order, dated 05.01.2023, passed by this Court in W.P.No.30927 of 2022 and batch.
4. Learned Government Pleader does not refute the submission made by the learned counsel for the petitioner.
5. The relevant portion of the order, dated 05.01.2023 in W.P.No.30927 of 2022 and batch reads as follows:
"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 (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 others and Ester Axene Res. High School and Others v. State of Andhra Pradesh and Others.3
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."
6. Having regard to the facts and circumstances, this Writ Petition is disposed of, in terms of the common order passed in W.P.No.30927 of 2022 and batch, dated 05.01.2023. No order as to costs.
7. Registry is directed to attach the copy of the common order, dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 and batch to this order.
As a sequel, miscellaneous applications, pending, if any shall also stand closed.
_______________________ JUSTICE V.SUJATHA Date : 08.01.2024 KGR 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21750 of 2015 Date : 08.01.2024 KGR