Andhra Pradesh High Court - Amravati
T M Rao High School vs The State Of Andhra Prdesh on 9 January, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.606 of 2024
ORDER:
The present Writ Petition came to be filed under Article 226
of the Constitution of India seeking the following relief:-
"...to issue issue a Writ or direction or order more particularly
one in the nature of Writ of Mandamus declaring the action of
the respondents in failure to take steps to accord permission
to fill the vacant aided posts is illegal and in contravention of
the provisions of the Right of Children to Free and compulsory
Education Act, 2009 and the Schedule annexed thereto and
also in violation of the provisions of the Education act and the
rules made thereunder and consequently direct the
respondents to permit the petitioner school to fill the vacant
aided posts in accordance with the proposals submitted by
the petitioner..."
2. Heard learned counsel for the petitioner and learned
Government Pleader for 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 order, dated
05.01.2023 passed by this Court in W.P.No.30927 of 2022 to this
order.
As a sequel, miscellaneous applications, pending, if any,
shall also stand closed.
____________________
JUSTICE V.SUJATHA
Date : 09.01.2024
KGR
HONOURABLE SMT. JUSTICE V.SUJATHA
Date : 09.01.2024
KGR
