A.B.M. Aided High School, vs The State Of Andhra Pradesh
2021 Latest Caselaw 1066 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION NO.4458 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"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 taking any further steps to accord permission to the

petitioner school basing on the representations dated 02.11.2020

and 30.12.2020 for filling up of one aided Secondary Grade Teacher,

which was fallen vacant due to retirement of Sri

G.J.Prabhakarababu on 30.06.2020, as illegal, arbitrary and

violative of Articles 14, 16, 19(1)(g), 21-A and 45 of the Constitution

of India and consequently direct the respondents to accord

permission to the petitioner school for filling up of one aided

Secondary Grade Teacher Post, in accordance with Rule-12 & 13 of

the 1993 Rules issued in G.O.Ms.No.1, Education Department,

Dated 01.01.1994 and pass such other order or orders ..."

2. Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner Sri

Gangisetty Rajeswara Rao requested this Court without touching the

merits of the case, to issue a direction to the respondents to dispose

of the representation submitted by the petitioner dated 02.11.2020

and 30.12.2020.

3. Learned Government Pleader for Services-III appearing for

respondents readily agreed to dispose of the representations of the

petitioner dated 02.11.2020 and 30.12.2020, if any, pending with the

respondent authorities.

4. In view of the submission of the learned Government Pleader

for Services-III, I need not decide the truth or otherwise of the

allegations made in the petition. This Court is conscious that no

such direction be issued, in view of the judgment of the Apex Court

in the case of The Government of India v. P.Venkatesh1, wherein

the Apex Court held that such orders may make for a quick or easy

disposal of cases in overburdened adjudicatory institutions. But,

they do no service to the cause of justice. As the learned counsel for

the petitioner himself requested to issue a direction to dispose of the

representation dated 02.11.2020 and 30.12.2020 submitted by the

petitioner, I find no other alternative except to issue such direction.

5. In the result, the writ petition is disposed of, directing the

respondents to dispose of the representation submitted by the

petitioner dated 02.11.2020 and 30.12.2020, in accordance with law,

within four (4) weeks from today. No costs.

The miscellaneous applications pending, if any, shall also

stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date:23.02.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.4458 OF 2021

Date: 23-02-2021

IS