Shaik Mainuddin, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5569 AP

      HONOURABLE SMT. JUSTICE V.SUJATHA
            WRIT PETITION No.29697 of 2023

ORDER:

This writ petition is 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 31.10.2023 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 1 vacant Aided post as per the proposal submitted by the Petitioner institution on 31.10.2023 and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case ...."

2. Heard Mr.M.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 read 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

others and Ester Axene Res. High School and Others v. State of Andhra Pradesh and Others.

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.

Miscellaneous petitions, if any, pending in this case, shall stand closed.

_______________________ JUSTICE V.SUJATHA Date : 17.11.2023 KGR

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.29697 of 2023

Date : 17.11.2023

KGR