Andhra Pradesh High Court - Amravati
D.M.S.B.C. Girls High School, Prakasam ... vs The Govt.Of A.P.,Scl.Edn.,Hyd., 4 ... on 5 December, 2023
THE HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.21196 of 2033
ORDER:
This writ petition came to be 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 allowing the petitioner School for filling up of
six aided posts i.e. six Teaching staff viz two (2) School
Assistants One (1) Hindi Pandit Gr-II, One (1) Telugu Pandit Gr-
II, one PET and one nonteaching post viz One (1) Junior
Assistant which were fallen Vacant due to retirement and
transfer on the ground that ban on recruitment in Private aided
Management Schools issued vide Govt. Memo No.
12080/COSE/A4/2004 dated 20.10.2004 as illegal, arbitrary,
against the principles of natural justice and contrary to the
provisions of The Right of Children to Free and Compulsory
Education Act, 2009, Act No.35 of 2009, consequently direct the
respondents to permit the petitioner School to fill up six teaching
and nonteaching aided clear vacant posts in terms of Rules 12
and 13 of G.O.Ms.No.1 Education Department, dated 1.1.1994
duly constituting Staff Selection Committee without insisting the
petitioner school for rationalization process issued in
G.O.Ms.No.40 Education (SE-PS.1) Dept. dt.18.6. 2013"
2. Heard Mr. Gangisetty Rajeswararao, learned counsel
for the petitioner, learned Government Pleader for School
Education and learned Government Pleader for Finance and
Planning.
3. During hearing, learned Government Pleader for
School Education as well as learned counsel for the petitioner
would submit that the issue involved in this Writ Petition is
squarely covered by earlier orders of this Court in W.P.No.30927
of 2022 and batch, dated 05.01.2023, wherein a learned single
Judge of this Court passed a detailed Common Order. Operative
portion of the said order reads as under:
"In view of the above stand taken by the Government, all the
Writ Petitions are disposed of with the following directions:
i) The respondent-authorities are hereby directed to permit
the petitioners-institutions to fill up all the Aided vacancies
in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and
also as per the Schedule prescribed under Sections 19&25
of the Act, 2009;
ii) In future also, whenever vacancies arise, the institutions
have to make applications to the Competent authorities for
filling up the vacancies;
iii) On such applications, the Competent authorities shall
inform the institution about the availability of qualified
surplus staff, within a period of four (04) weeks from the
date of application and allot said surplus staff on
permanent basis;
iv) If surplus staff are not available, the Competent authority
shall inform the same and permit the petitioners-
institutions to fill up the vacancies in accordance with the
above said Rule, preferably within a period of two (02)
months;
v) So far as minority institutions are concerned, the above
procedure is not applicable insofar as allotment of surplus
staff are concerned, in view of the Judgments of Division
Bench of this Court rendered in Modern High School,
Zamisthanpur V. Government of Andhra Pradesh and
Others¹ and Ester Axene Res. High School and Others V.
State of Andhra Pradesh and Others2.
vi) The entire exercise shall be completed by the respondent-
authorities within a period of three (03) months from the
date of receipt of a copy of this order"
4. In view of the same, for the reasons alike in the
aforesaid order, this Writ Petition is also disposed of. There shall
be no order as to costs.
Registry is directed to attach the copy of the order dated
05.01.2023 passed by this Court in W.P.No.30927 of 2022 to
this order.
As a sequel thereto, miscellaneous petitions, if any, shall
stand closed.
________________________
JUSTICE V.SUJATHA
Date: 05.12.2023
GSS
THE HONOURABLE SMT.JUSTICE V.SUJATHA
WRIT PETITION No.21196 of 2013
Date: 05.12.2023
Gss
