Telangana High Court
Manoranjitham Memorial Primary And ... vs The State Of Telangana on 26 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.7218 OF 2022
ORDER:
Heard Sri Gangisetty Rajeswara rao, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Education appearing on behalf of the respondents.
2. The petitioner 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 school for filling up of the 2 Aided Secondary Grade Teacher Posts in Primary School and 17 Teaching and Non teaching Posts in High 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 2 Aided Secondary Grade Teacher Posts in Primary School and 17 Teaching and Non teaching Posts in High School in clear vacant aided posts in terms of G.O.Ms.No.1 Education Department Dated 1.1.1994 and to 2 WP_7218_2022 SN,J 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 petitioner submits that the petitioner is entitled for filing up of two aided Secondary Grade Teacher Posts in Primary school and 17 Teaching and Non teaching Posts in High School in 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 petitioner submits that the petitioner may be directed to make a fresh representation seeking a request to the respondents to permit the petitioner School for filing up of two aided Secondary Grade Teacher Posts in Primary school and 17 Teaching and Non teaching 3 WP_7218_2022 SN,J Posts in High School which are fallen vacant due to retirement and promotions of employees, who were working in the 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) 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 Education appearing on behalf of the respondents submits that upon the petitioner 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 petitioner to make a fresh representation within one week from today requesting the respondents to permit the petitioner school for filling up of two aided Secondary Grade Teacher Posts in Primary school and 4 WP_7218_2022 SN,J 17 Teaching and Non teaching Posts in High School which are fallen vacant due to retirement and promotions in accordance to law as per the rules in force as on date. Upon the petitioner 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.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:26.02.2024 dgr