Telangana High Court
Mohd. Mustafa Ali, Warnagal vs The Govt. Of A.P. Hyderabad And 4 Others on 25 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Dated this the 25th day of March, 2026
WRIT PETITION No.22687 of 2006
Between:
Mohd. Mustafa Ali .. Petitioner
AND
The Government of Andhra Pradesh represented by its
Secretary, Education (SE.PS.I) Department, Secretariat,
Hyderabad and four others.
.. Respondents
ORDER:
The present Writ Petition is filed to set aside the Memo No.1175/PS.I/A2/2003, dated 13.02.2006, and consequently to declare that the petitioner is entitled to be absorbed in the grant in aid post of Secondary Grade Teacher, which he has been holding with effect from 17.09.1998 in the 5th respondent High School with all consequential benefits.
2. Heard Ms. Mukkera Sahithi Sri Kavya, learned counsel for the petitioner and learned Government Pleader for School Education appearing for the respondents. Perused the record.
3. Brief facts of the case are as follows:
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(a) Petitioner was originally appointed as a Secondary Grade Teacher in an un-aided post on 16.06.1986 in the 5th respondent. As on that date, G.O.Ms.No. 524 Education, dated 20.12.1988 was not in existence. There were no rules at all governing the un-aided post at the time when the petitioner was appointed as a Selection Grade Teacher in the 5th respondent. Moreover, the School in which, petitioner is working is a Minority Institution. The Minority Institution need not seek approval for all appointments made in the un-aided posts. The petitioner is fully eligible and qualified to hold the post of a Secondary Grade Teacher.
(b) While so, one Sri Mohd. Alluddin Sanjari, who was working as a Secondary Grade Teacher in a Grant-in-aid post in the 5th respondent High School, was promoted as a School Assistant, which is a Grant-in-aid post with effect from 01.09.1998 and the same was also approved by the Regional Joint Director of School Education, Warangal, vide Proceeding Rc.No.3687/B1/2000 dated 02.01.2002. As the post of Secondary Grade Teacher (Grant-in-aid) fell vacant to avoid dislocation of work, the Management of the 5th respondent High School by its proceedings in Rc.No.Wpl/98-99, dated 16.09.1998 posted the petitioner to Grant-in-aid post of 3 Secondary Grade Teacher as per resolution of the Managing Committee of the 5th respondent High School. Accordingly, the petitioner joined in the post of Secondary Grade Teacher (Grant-in-aid) on 17.09.1998.
(c) The 5th respondent High School addressed the District Educational Officer, Warangal, vide its Lr.No.1/Spl/1998-99, dated 17.09.1998 to ratify the action taken by it. The Regional Joint Director of School Education, Warangal, by his Letter in Rc.No.8358/B1/2001, dated 03.01.2002 recommended the petitioner's case to the Commissioner & Director of School Education, who in turn recommended the Government by Lr.Rc.No.3354/D33/02 dated 15.01.2003.
(d) As stated supra, petitioner's appointment to the un- aided post was prior to issuance of G.O.Ms.No.524. Therefore, securing prior approval of the competent authority as per GO.Ms.No.524 does not arise. The Government by Memo No.1175/PS.I/A2/2003 dated 13.02.2006 rejected the proposal of the Director of School Education for the petitioner's being absorbed in the aided post of Secondary Grade Teacher in 5th respondent High School.
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4. Learned counsel for the petitioner submits that the impugned Memo does not disclose as to what action of the Management was not in accordance with the rules. Due to exigencies of service and to avoid dislocation of work, the petitioner is now being continued in the grant-in-aid post, but the petitioner is not allowed to draw the salary in the aided post as the proposal has not been approved by the Competent Authority. Accordingly, prayed to allow the Writ Petition.
5. Learned Government Pleader for respondents filed a counter affidavit by contending that as on the date of appointment of the petitioner, the rules for Establishment Administration and control of private schools rules 1985 issued in G.O.Ms.No.60, Education, dated 28.01.1986 and published in A.P Gazettee on 5th February 1986 and were in force. According to Sub rule (t) of rule of 6 of said rules, "The School agency shall appoint teaching and non-teaching staff as per the rules prescribed by the Director of School Education from time to time. No teacher or ministerial staff whose appointment is not approved by the District Educational Officer, shall be continued to work in the school".
6. Learned Government Pleader for respondents admits that G.O.Ms.No.524, Education, dated 20.12.1988 was not in 5 existence at that time, but G.O.Ms.No.60 was in existence. Hence, the contention of the petitioner that there were no rules at all governing the un-aided posts at the time of appointment as SGT and no approval was needed for the appointment of petitioner is not correct. Further, no separate provision existed for minority institutions in the said rules. Hence the rules are equally applicable whether it is minority or non- minority schools.
7. Learned Government Pleader for respondents further submits that the management has accorded promotion to Mohd. Aliuddin Sanjari, SGT, as a School Assistant ( S.A.) in grant-in-aid (G.I.A) post and got approved by the competent authority. In the vacant G.I.A post of S.G.T. the management has absorbed petitioner and submitted proposals for approval of such absorption. The proposals were submitted by the District Educational Officer, Warangal, vide his letter dated 24.07.2000 to the Regional Joint Director of School Education, Warangal, who is the competent authority. In turn, the Regional Joint Director of School Education, Warangal, vide letter dated 03.01.2002 submitted proposals to the Commissioner & Director of School Education, A.P., Hyderabad, to ratify the action taken by the management. On 6 the recommendation of the Regional Joint Director of School Education, Warangal, the Commissioner & Director of School Education, A.P., Hyderabad, submitted proposals in Lr.No.Re.No.3354/D3-3/02, dated 15.01.2003 to the Secretary to Government Education (PS-1) Department, A.P, Hyderabad, requesting the Government to issue necessary orders to ratify the action of the management i.e., absorption of the petitioner into aided Secondary Grade Teacher post w.e.f. 17.09.1998.
8. Learned Government Pleader for respondents further submits that as per rule 12 (8) of G.O Ms.No.1, Education (PS.2) Department, dated 01.01.1994 read with rule (6) of G.O.Ms.No.23 Minorities Welfare Department dated 10.03.1999 which were in force, the approval of competent authority is necessary for the appointment of staff in aided post in Educational Institutions including Minority Educational institutions. In the circumstances, the Government after careful consideration of the proposal of the Commissioner & Director of School Education, A.P., Hyderabad, requesting the Government to ratify the action of the management of Aided Mahaboobia Panjantan (Boys) High School, Warangal, i.e., absorption of the petitioner into aided Secondary Grade Teacher post w.e.f. 17.09.1998, rejected the same vide Govt. 7 Memo No.1175/PS-1/A2/2003, dated 13.02.2006. The said Memo is, therefore, valid and in consonance with the rules in force as such no illegality is committed in rejecting the claim. Accordingly, prayed to dismiss the Writ Petition. FINDINGS OF THE COURT:
9. The contention of the petitioner is that he was originally appointed as a Secondary Grade Teacher in an un-aided post on 16.06.1986 in the 5th respondent, and as on that date, G.O.Ms.No.524 Education, dated 20.12.1988 was not in existence. There were no rules at all governing the un-aided posts at the time when the petitioner was appointed as a Selection Grade Teacher in the 5th respondent school. The Minority Institution need not seek approval for all appointments made in the un-aided posts. The petitioner is fully eligible and qualified to hold the post of Secondary Grade Teacher.
10. It is further contended by the petitioner that one Sri Mohd. Alluddin Sanjari, who was working as a Secondary Grade Teacher in grant-in-aid post in the 5th respondent High School, was promoted as a School Assistant, which is a grant- in-aid post w.e.f. 01.09.1988. As the post of Second Grade 8 Teacher (grant-in-aid) fell vacant, to avoid dislocation of work, the management of the 5th respondent High School by its proceedings in Rc.No.WP1/98-99, dated 16.09.1998 posted the petitioner to grant-in-aid post of Secondary Grade Teacher as per the resolution of the Managing Committee of the 5th respondent High School. Accordingly, the petitioner joined in the post of secondary grade teacher (grant-in-aid) on 17.9.1998. He further contended that, for the post of Secondary Grade Teacher, a resolution alone is sufficient, and since the 5th respondent High School is a minority institution, it is not required to obtain approval from any authority. This contention of the petitioner is not correct for the following reasons:
11. A perusal of the letter dated 17.09.1998 from the office of the 5th respondent addressed to the 4th respondent, specifically stated that the Managing Committee had absorbed Mr. Mohd.
Mustafa Ali, Inter TTC (who was already working in the un- aided post as an Assistant Teacher under the same management) as an Assistant Teacher in the Grant-in-aid post w.e.f. 17.09.1998 in place of Mr. Mohd. Aliuddin Sanjeri, Assistant Teacher, who has already been promoted as School Assistant, to avoid the dislocation of the educational work, on 9 temporary basis, subject to the approval of the District Educational Officer, Warangal, and the Regional Joint Director of School Education, Warangal. The said letter reflects that it is not a final order, and the appointment of the petitioner will be subject to approval of the District Educational Officer, Warangal, and the Regional Joint Director of School Education, Warangal.
12. Apart from the above, a perusal of the letter dated 15.01.2003 from the 2nd respondent to the 1st respondent regarding absorption of MD. Mustafa Ali (petitioner) from un- aided post of SGT to Grant-in-aid of SGT in 5th respondent school specifically observed as follows:
"5th respondent created an un-aided post of SGBT without permission of the department and appointed Sri Md. Mustafa Ali in the un-aided post of SGT on 16.6.1986 prior to the enforcement of G.O.Ms.No.524, Education, dated 20.12.1988 and at the time there was no rule existing well before the candidate was appointed for obtaining approval orders of the Department, and hence, the management has not obtained the approval orders of the Department."
The above letter itself is reflecting contrary statements between the 5th respondent Institution and other respondents. If the above contention is right, the letter 17.09.1998 should not mention subject to the approval of the District Educational 10 Officer, Warangal, and the Regional Joint Director of School Education, Warangal.
13. The contention of the learned counsel for the respondents is that all appointments made either teaching or non-teaching staff by aided or un-aided instructions, shall be subject to the approval of the competent authority, and to fortify his contention, he also relied upon the Memo No.1175/PS.I/A2/2003, dated 13.02.2006, wherein it is mentioned that as per Rule 12(8) G.O.Ms.No.1, Edn.(PS.2) Department, dated 01.01.1994, read with the rule 6 of G.O.Ms.No.23 Minorities (M&R) Department, dated 10.03.1999, the approval of competent authority is necessary for the appointments of staff in aided posts in educational institutions including minority educations institutions.
14. An extract of Rule 12 and 13 of G.O.Ms.No.1, Edn.(PS.2) Department, dated 01.01.1994, Rule 12(8) reads as follows:
"All appointments made either teaching or non-teaching staff by aided or un-aided institutions shall be subject to the approval of the competent authority. For this purpose, the education agency shall inform the competent authority within one month of the selection. The competent authority shall grant approval unless the selection has been in violation of these rules. In order to obviate confusion, it shall be incumbent on the educational agency to remind the 11 competent authority one month after the initial communication, if no approval is received. The burden of proof of having communicated the selection to the competent authority shall lie with the educational agency."
15. The contention of the respondent is that on the date of appointment of the petitioner, the rules for establishment, administration and control of private schools rules, 1985 issued in G.O.Ms.No.60, Education, dated 28.01.1986 and published in AP Gazette on 05.02.1986 and were in force. According to sub rule (t) of Rule of 6 of said rules, "The school agency shall appoint teaching and non-teaching staff as per the rules prescribed by the Director of School Education from time to time. No teacher or ministerial staff whose appointment is not approved by the District Educational Officer shall be continued to work in the school. It is a fact that G.O.Ms.No.524 Education, dated 20.12.1988 was not in existence at that time. But G.O.Ms.No.60, Education dated 28.01.1986 was in existence. In the said circumstances, the contention of the petitioner that there was no rule at all governing the un-aided posts at the time of appointment is liable to be rejected.
16. In view of the above said circumstances and their own letter indicating subject to approval of the District Educational 12 Officer, Warangal, and the Regional Joint Director of School Education, Warangal, means if approval is not granted, the question of continuing in grant-in-post of secondary grade teacher does not arise. In any view of the angle, the petitioner does not have any ground to set aside the impugned Memo No.1175/PS.I/A2/2003, dated 13.02.2006. Accordingly, the writ petition is liable to be dismissed.
17. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.
____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date:25.03.2026 BDR