Andhra Pradesh High Court - Amravati
Andhra Evangelical Litheran ... vs The State Of Andhra Pradesh, on 26 February, 2021
Bench: Kongara Vijaya Lakshmi
(SHOW CAUSE NOTICE BEFORE ADMISSION)
_ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY
~ TWO THOUSAND AND TWENTY ONE
: PRESENT: .
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI --
WRIT PETITION NO: 4605 OF 2021
Between: .
1. Andhra Evangelical Litheran Church, Guntur rep. by its manager, most, rev. Dr.
- K.F.Paradesi babu, AELC, Educational Institutions, Guntur.
2. Lutheran Aided High School, Rep. by its Correspondent Rajamahendravaram,
East Godavari District.
3. Schade Aided Girls High: School Girls, Rep. by its Correspondent
Rajamahendravaram, East Godavari District.
4. Lutheran Aided High School, Rep. by its Correspondent Peddapuram, East
Godavari District. .
5. Lutheran Aided High School, Rep. by its Correspondent Alcott's Garden,
Rajamahendravaram, East Godavari District.
6. Lutheran Aided High School, Rep. by its Correspondent Dowleswaram, East
Godavari District.
7. Wittekar Aided Girls High School, Rep. by its Correspondent Samalkot, East
'Godavari District.
8. Lutheran Aided High School, Rep. by its Correspondent Sakhinetipalli, East
Godavari bistrict. :
9. Lutheran Aided Elementary School, Rep. by its" Correspondent Jampet,
Rajamahendravaram, East Godavari District. .
10.Schade Aided Elementary School, Rep. by its Correspondent Raj
amahendravaram, East Godavari District.
41.Lutheran Aided Elementary School, Rep. by its Correspondent Dowleswaram,
East Godavari District.
42.Whatteker Aided Elementary School, Rep. by its Correspondent Samrlakota,
East Godavari District
Petitioners
4. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education
Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh.
2. The Director and Commissioner of School Education, Government of A.P.,
lbrahimpatnam, Vijayawada, Krishna District.
3. The Regiona! Joint Director of School Education, Rajamahendravaram, East
Godavari District.
4. The District Educational Officer, Rajamahendravaram, East Godavari District.
Respondents
WHEREAS the Petitioner above named through their Advocate SRI K
RAMAMOHAN presented this Petition under Article 226 of the Constitution of India
praying that in the circumstances stated in the affidavit filed therewith, the High Court
may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or
direction, declaring the action of the Respondents in not according the permission to fill
up the aided posts as per the proposals submitted by the 1St Petitioner's Management
in respect of the schools as per the Judgment of the Hon'ble Court in W.P.No.9053 of
2005, dated 30.07.2013 and Division Bench Judgment in W.P.No.28912 and batch,
dated 16.04.2019 reported in 2019 (5) ALD 72 as illegal, improper, unjust, arbitrary,
contrary to law and violative of Article 41 of the Constitution of India and further direct
the Respondents 1 to 4 to accord permission to the Petitioner Institutions to fill up the
aided vacancies as per the proposals submitted by the Petitioners dated 29.07.2020
submitted before the 3% and 4° Respondents forthwith
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri K RAMAMOHAN Advocate for the
Petitioner, and of GP FOR EDUCATION for respondents directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz:
1. The Principal Secretary, School Education Department, State of Andhra
Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh.
2. The Director and Commissioner of School Education, Government of A-P.,
lbrahimpatnam, Vijayawada, Krishna District.
3. The Regional Joint Director of School Education, Rajamahendravaram, East
Godavari District.
4. The District Educational Officer, Rajamahendravaram, East Godavari District.
are directed to show cause either appearing in person or through an Advocate, as to
why in the circumstances set out in the petition and the affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted,
The Court made the following:
ORDER:
"Notice before admission.
Learned Government Pleader for Education takes notice on behalf of
respondents and seeks time to file counter-affidavit.
Print the name of GP for Education for respondents and post after four
weeks",
yr Reostean
ASSISTANT REGISTRAR
ITTRUE COPY// art
For ASSISTANT REGISTRAR
To,
1. The Principal Secretary, School Education Department, State of Andhra
Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh.
2. The Director and Commissioner of School Education, Government of A-P.,
lbrahimpatnam, Vijayawada, Krishna District.
3. The Regional Joint Director of School Education, Rajamahendravaram, East
Godavari District.
4. The District Educational Officer, Rajamahendravaram, East Godavari District.
(Addresses 1 to 4 by RPAD- along with a copy of petition and memorandum of
grounds)
One CC to SRI. K RAMAMOHAN Advocate [OPUC]
Two CCs to GP FOR EDUCATION, High Court of AP [OUT]
One CC to Section Officer, Posting Section
One spare copy
ONAN
"HIGH COURT
KVLJ
DATED:26/02/2021
NOTICE BEFORE ADMISSION
WP.No.4605 of 2021
