Estger Axene Res Govt Aided ... vs The State Of Ap
2023 Latest Caselaw 5434 AP

Citation : 2023 Latest Caselaw 5434 AP
Judgement Date : 10 November, 2023

Andhra Pradesh High Court - Amravati

Estger Axene Res Govt Aided ... vs The State Of Ap on 10 November, 2023

       THE HONOURABLE SMT. JUSTICE V.SUJATHA

                 WRIT PETITION No.29256 of 2023

ORDER:

This writ petition came to be filed under Article 226 of the

Constitution of India, seeking the following relief:

"...to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not granting permission to fill up the vacant Aided posts in the Petitioner institution despite representations made by the Petitioner on 26.08.2023 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and in contravention to the AP Education Act, 1982 and Right to Education Act, 2009 and rules framed thereunder and consequently direct the Respondents 2 to 3 to permit the Petitioner institution to fill up the 11 vacant Aided posts as per the proposal submitted by the Petitioner institution on 26.08.2023 and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case"

2. Heard Mr. M. Sri Vijay, learned counsel for the

petitioners, learned Government Pleader for School Education.

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.