Telangana High Court
Vaidik Dharma Prakashika Marathi And 2 ... vs The State Of Telangana And 4 Others on 26 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.7378 OF 2022
ORDER:
Heard Sri Gangisetty Rajeswara Rao, learned counsel appearing on behalf of the petitioners and learned Government Pleader for School Education appearing on behalf of the respondent Nos.1, 3 to 5 and learned Government Pleader for Finance and Planning appearing on behalf of respondent No.2.
2. The petitioners approached this Court seeking the relief as under:
"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 permitting the petitioner schools for filling up of the 12 Aided Secondary Grade Teacher Posts in Primary School and 9 Teaching and Non teaching Posts in High School (3rd petitioner school) which has fallen vacant due retirement and promotions under the guise of ban imposed by the Government Memo No 12080/COSE/A2/2004-4 Dated 20. 10.2004, which was declared illegal, arbitrary, discriminatory against the principles of natural justice and violative of Articles 14, 19(1)(g) 21-A and 45 of the Constitution of India apart from the provisions of the Right of Children to Free And Compulsory Education Act 2009 and Consequently direct the respondents to accord permission to the petitioner school for filling up of the 12 Aided Secondary Grade Teacher 2 WP_7378_2022 SN,J Posts in Primary Schools and 9 Teaching and Non teaching Posts in High School (3rd petitioner school) in clear vacant aided posts in terms of G.O.Ms.No.1 Education Department Dated 1.1.1994 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. Learned counsel appearing on behalf of the petitioners submits that the petitioners are entitled for filing up of 12 Aided Secondary Grade Teacher Posts in Primary School and 9 Teaching and Non Teaching Posts in High School (3rd petitioner school), through regular recruitment procedure as contemplated under Rule 12 and 13 of the Telangana Educational Institutions (Establishment, Recognition, Administration and control of schools under Private Management) issued in G.O.Ms.No.1 Education Department dated 01.01.1994 as per the orders passed by this Court on 08.06.2021 in W.P.No.22853 of 2019 which had been upheld by Division Bench of this Court passed in W.A.No.459 of 2021, dated 24.11.2022 and also the Apex Court Judgment dated 09.01.2024 passed in SLP.No.3681 of 2023.
4. Learned counsel for the petitioners submits that the petitioners may be directed to make a fresh representation seeking a request to the respondents to permit the petitioners 3 WP_7378_2022 SN,J Schools for filing up of 12 Aided Secondary Grade Teacher Posts in Primary School and 9 Teaching and Non Teaching Posts in High School (3rd petitioner school) which are fallen vacant due to retirement and promotions of teachers, who were working in the petitioner schools, through regular recruitment procedure as contemplated under Rule 12 and 13 of the Telangana Educational Institutions (Establishment, Recognition, Administration and control of schools under Private Management) schools and the same may be considered by the respondents in accordance to law as per the rules as on date within a reasonable period.
5. Learned Assistant Government Pleader for School Education appearing on behalf of the respondents submits that upon the petitioners making a fresh representation seeking the said relief, the same would be considered by the respondents in accordance to law.
6. Taking into consideration the aforesaid submissions put forth by both the learned counsel on record, the Writ Petition is disposed of directing the petitioners to make a fresh representation within one week from today requesting the respondents to permit the petitioner schools for filling up of 4 WP_7378_2022 SN,J 12 Aided Secondary Grade Teacher Posts in Primary School and 9 Teaching and Non Teaching Posts in High School (3rd petitioner school) which are fallen vacant due to retirement and promotions of the teachers, who were working in the petitioner schools, through regular recruitment in accordance to law as per the rules in force as on date. Upon the petitioners making the said representation within one week from today, the respondents are directed to consider the same within two weeks thereafter and pass appropriate orders, in accordance to law and duly communicate the decision to the petitioner. No costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:26.02.2024 dgr