Telangana High Court
Sri Balaji K.G. And High School vs The State Of Telangana on 26 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.16777 OF 2021
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 three aided Secondary Grade Teacher Posts, which was fallen vacant due retirement of Smt.T.Nirmala, Aided S.G.Teacher on 1.8.2007, Smt. Padmavathi, Aided S.G.Teacher on 01.11.2009 and Smt.Anasuya, Aided Secondary Grade Teacher on 30.6.2016, who were working in petitioner school, through regular recruitment procedure as contemplated under Rule 12 and 13 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Management) Rules 1993, even after completion of rationalization of Services of Aided Staff in Private Aided Management Schools vide.G.O.Ms.No.40 Education (SE-PS.
1) Department Dated.18.6.2013, on the ground that ban imposed by the Government vide. Memo No.12080/ COSE/A2/ 2004-4 Dated.20.10.2004, as illegal, arbitrary discriminatory against the principles of natural justice and violative of Articles 14, 16, 19(1)(g), 21-A and 45 of the Constitution of India, apart from the law laid down under Article 141 and 142 of the Constitution by the Hon'ble Supreme Court directions to comply with time bound for implementation of the Right of Children to Free And Compulsory Education Act 2009, in the case of Environment and Consumer Protection Foundation Vs Delhi Administration 2 WP_16777_2021 SN,J and others 2012 (10) SCC 197 and Consequently direct the respondents to accord permission to the petitioner school for filling up of the three clear vacant aided posts, through recruitment procedure as contemplated under Rule 12 and 13 of the Rules 1993 issued in G.O.Ms.No.1 Education Department Dated 1.1.1994."
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is entitled for filling up of three aided Secondary Grade Teacher Posts 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 filling up of three aided Secondary Grade Teacher 3 WP_16777_2021 SN,J Posts which had fallen vacant due to retirement of Smt.T.Nirmala, Aided S.G.Teacher on 1-08-2007, Smt.Padmavathi, Aided S.G.Teacher 01.11.2009 and Smt.Anasuya, Aided Secondary Grade Teacher on 30.06.2016, 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 4 WP_16777_2021 SN,J the petitioner school for filling up of three aided Secondary Grade Teacher Posts which had fallen vacant due to retirement of Smt.T.Nirmala, Aided S.G.Teacher on1-08-2007, Smt.Padmavathi, Aided S.G.Teacher 01.11.2009 and Smt.Anasuya, Aided Secondary Grade Teacher on 30.06.2016, who were working in the petitioner school, through regular recruitment 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. No costs Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:26.02.2024 dgr