Lutheran Aided Primary School vs The State Of Ap
2023 Latest Caselaw 5536 AP

       HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.29671 of 2023

ORDER:

The present 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 representation made by the Petitioner on 08.07.2023 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and in contravention to the A.P. 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 21 vacant Aided posts as per the proposal submitted by the Petitioner institution on 08.07.2023...."

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

petitioner, 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 resoibdent-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 Section 19 & 25 of the Act, 2009;

ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filing 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, the Writ Petition is disposed of. There shall

be no order as to costs.

5. The Registry is directed to attach a copy of the order

dated 05.01.2023 passed by this Court in W.P.No.30927 of

2022 to this order

Miscellaneous petitions pending, if any, in this Writ

Petition shall stand closed.

_______________________ JUSTICE V.SUJATHA

Date : 16.11.2023 SRT

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.29671 of 2023

Date : 16.11.2023

SRT