Andhra Pradesh High Court - Amravati
Souza Aided Upper Primary School vs The State Of Ap on 6 February, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.3011 OF 2024
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 representation made by the
Petitioner on 25.01.2024 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 as 19 of
the consequently direct the Respondents 2 to 3 to permit the
Petitioner institution to fill up the Svacant Aided posts as per the
proposal submitted by the Petitioner institution on
25012024and issue such other Writ or Order or direction as
deemed fit and circumstances of case
.."
2. Heard Mr.M.Sri Vijay, learned counsel for the
petitioner(s) and learned Government Pleader for Higher
Education appearing for the respondents.
3. During hearing, learned Government Pleader for Higher
Education as well as learned counsel for the petitioner(s)
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:
"9. In view of the above stand taken by the Government, all
the Writ Petitions are disposed of with the following directions:
2 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 in terms
of the order dated 05.01.2023 passed by this Court in
W.P.No.30927 of 2022 and Batch. There shall be no order as
to costs.
5. 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
and Batch to this order.
As a sequel, miscellaneous applications pending, if any,
shall also stand closed.
_______________________
JUSTICE V.SUJATHA
Date: 06.02.2024
Pnr
202(1)ALD 96
MANU/AP/0045/2019
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.3011 OF 2024
Date: 06.02.2024
Pnr
