Andhra Pradesh High Court - Amravati
Sri Balasiva Yogindra Maharaja Degree ... vs The State Of Ap., Rep By Its ... on 8 January, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.21750 of 2015
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, Order or direction
mostly one which is in the nature of a Writ of
Mandamus, declaring the action of the Respondents in
not absorbing and regularizing the Non Teaching staff of
science courses working in petitioner's college in aided
posts either by admitting the 27 Non Teaching posts to
grant-in-aid or b shifting the surplus vacant posts of non
teaching staff from other colleges to the petitioner's
college and absorb the non teaching staff working in the
petitioner's college into such posts and the Memo
No.1590/CE.II/2003-5, dated 04.3.2004, Memo
No.1590/CE.II.2/2003-6, dated 25.6.2005 and Memo
No.1590/CE/A.2/2003, dated 24.7.2014 of the 1st
respondent as illegal, irregular, arbitrary, unreasonable,
unjustified, unconstitutional and unsustainable and
direct the respondents to admit the non teaching staff
working in the petitioner's college in Science courses to
grant-in-aid....".
2. Heard learned counsel for the petitioner and learned
Government Pleader for Higher Education.
3. Learned counsel for the petitioner has submitted that the
issue involved in this writ petition is squarely covered by the
common order, dated 05.01.2023, passed by this Court in
W.P.No.30927 of 2022 and batch.
4. Learned Government Pleader does not refute the
submission made by the learned counsel for the petitioner.
5. The relevant portion of the order, dated 05.01.2023 in
W.P.No.30927 of 2022 and batch reads as follows:
"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 (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."
6. Having regard to the facts and circumstances, this Writ
Petition is disposed of, in terms of the common order passed in
W.P.No.30927 of 2022 and batch, dated 05.01.2023. No order as
to costs.
7. Registry is directed to attach the copy of the common
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 : 08.01.2024
KGR
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.21750 of 2015
Date : 08.01.2024
KGR
