Andhra Pradesh High Court - Amravati
Nehru Convent High School vs The State Of Andhra Pradesh Rep By Its on 8 January, 2024
THE HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.26317 of 2016
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 the Petitioner Institutions for filling of
vacant posts in terms of their application made on 20.07.2016
as being arbitrary, illegal and violative of Articles 14, 21(a) and
30(1) of the Constitution of India, apart from being in violation of
the orders of this Hon'ble Court in WAMP No.691/2014 and
consequently direct the Respondents to forthwith accord
permission to the Petitioner Institutions to fill up the posts of
vacant aided teachers and release the GrantinAid to the staff
that are appointed in the interest of justice..."
2. Heard Mr. Ch. Samson Babu, 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 petitioners
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: 08.01.2024
Gss
THE HONOURABLE SMT.JUSTICE V.SUJATHA
WRIT PETITION No. 26317 of 2016
Date: 08.01.2024
Gss
