Bishop Azariah Elementary School For ... vs The State Of Andhra Pradesh
2024 Latest Caselaw 5088 AP

Citation : 2024 Latest Caselaw 5088 AP
Judgement Date : 4 July, 2024

Andhra Pradesh High Court - Amravati

Bishop Azariah Elementary School For ... vs The State Of Andhra Pradesh on 4 July, 2024

APHC010280432024

                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3330]
                          (Special Original Jurisdiction)

             THURSDAY ,THE FOURTH DAY OF JULY
              TWO THOUSAND AND TWENTY FOUR
                            PRESENT
 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
                 WRIT PETITION NO: 13998/2024
Between:
Bishop Azariah Elementary School For Girls      ...PETITIONER
                              AND
The State Of Andhra Pradesh and Others     ...RESPONDENT(S)
Counsel for the Petitioner:
   1. NERELLA S V RAVI TEJA
Counsel for the Respondent(S):
   1. GP FOR EDUCATION
The Court made the following:
ORDER:

This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-

"...pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not granting permission to the petitioner institution to fill up the vacant aided posts as per G.O.Ms.No.40 dated 30.06.2017 and consequential proceedings in RC.No.90/PS-1/2010-3 dated 20.07.2017 despite representation made by the petitioner to the 3rd respondent dated 29.06.2024 as being arbitrary, illegal and violating Articles 14 and 19 of the Constitution of India and consequently direct the respondents 2 and 3 herein to permit the petitioner institution to fill up the vacant Aided posts as per G.O.Ms.No.40 dated 30.06.2017 and consequential nd proceedings of 2 respondent vide Rc.No.90/PS-1/2010-3

dated 20.07.2017 in the light of the orders passed in WP No.30927 of 2022 and batch dated 05.01.2023 and to pass such other order or orders...."

2. Heard learned counsel for the petitioner and learned counsel for

the respondents.

3. At the outset, it is the contention of the learned counsel for the

petitioner that the respondents are not granting permission to the

petitioner's institution to fill up vacant aided posts as per

G.O.Ms.No.40, dated 30.06.2017 and consequential proceedings in

Rc.No.90/PS-1/2010-3, dated 20.07.2017.

4. The petitioner institution is a recognized institution catering to

the educational needs of the locality for the last many decades and

later, the school was admitted into grant-in aid and there are seven

sanctioned working posts and four vacant posts.

5. Thereafter, the Government banned recruitment in the aided

private management schools by issuing memo dated 20.10.2004.

Assailing the said memo, several writ petitions were filed by the private

aided management schools and the said memo was set aside by this

Court by an order dated 30.07.2013 and the same was confirmed by

the Hon'ble Apex Court.

6. Further contention of the learned counsel for the petitioner is

that the Government issued G.O.Ms.No.40 dated 30.06.2017 and in

pursuance to the said G.O., the Commissioner of School Education

issued proceedings dated 20.07.2017 directing all the Regional Joint

Directors of School Education and D.E.Os., to take necessary action

permitting the aided institutions to fill up all the vacant posts in the

schools and pursuant to the said proceedings all the institutions

requested the competent authorities to permit them to fill up the vacant

posts. Subsequently, as per the instructions of the Government, the

2nd respondent once again issued proceedings dated 12.09.2017

keeping the recruitment in abeyance. Subsequently, the said

proceedings were challenged in W.P.No.1041 of 2018 and this Court

suspended the said abeyance proceedings, vide orders in I.A.No.1 of

2018 in W.P.No.1041 of 2018, dated 29.02.2020. Thereafter, all the

institutions made several applications to the competent authorities

seeking permission to fill up vacancies in aided Schools. Till now, the

competent authorities did not take any decision or granted permission

to fill the vacancies in aided Schools. Aggrieved by the same, several

writ petitioners were filed.

7. This Court disposed of the batch of writ petitions by way of

common order dated 05.01.2023 in W.P.Nos.30927 of 2022 and batch

in the following manner:

"....9. 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;.."

8. The learned counsel for the respondents not disputed the orders

of this Court passed by way of common order in W.P.Nos.30927 of

2022 and batch, dated 05.01.2023.

2002 (1) ALD 96

MANU/AP/0045/2019

9. In view of the said contentions, this Court is of the view that the

prayer in the present writ petition and the prayer in the batch of writ

petitions is one and same. Hence, this Court is inclined to dispose of

the present writ petition directing the respondents to pass appropriate

orders, keeping in view the guidelines prescribed by this Court in

W.P.Nos.30927 of 2022 and batch, dated 05.01.2023, which are

extracted in this order.