Andhra Pradesh High Court - Amravati
Sri Lakshmipathi Swamy Vari Vidya Vihar ... vs The State Of Andhra Pradesh on 21 June, 2024
APHC010988022018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIRST DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 47621/2018
Between:
Sri Lakshmipathi Swamy Vari Vidya Vihar Oriental ...PETITIONER(S)
High School and another
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K S MURTHY
2. PONNADA SREE VYAS
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION (AP)
The Court made the following:
2
(VS,J
W.P.No.47621 of 2018)
ORDER :
This Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief:
".. to issue a writ, order or direction
more particularly one in the nature of writ of
Mandamus to declare the action of
respondents in not permitting the filling up
of teaching posts in the petitioner-
institution, as illegal and unconstitutional
and consequently direct the 3rd respondent
to accord permission to the petitioner school
to undertake the selection process on par
with other oriental schools in terms of the
Lr.No.230/PS-1/2012, dated 30.07.2018 of
the 2nd respondent and reimburse the
salaries paid to the staff till now while
making it clear that the authorities cannot
sit over the proposals which will lead to
closure of the institution and to pass......"
2. Heard Sri K.S.Murthy, learned counsel for the petitioner
and learned Government Pleader for School Education for the
respondents.
3. During the course of hearing, learned counsel for the
petitioner would submit that the issue involved in this Writ Petition is
squarely covered by the order, dated 05.01.2023 passed by this
Court in W.P.No.30927 of 2022 and batch and requested to pass a
(VS,J
W.P.No.47621 of 2018)
similar order in this Writ Petition also. The same is not disputed by
the learned Government Pleader for School Education appearing for
the respondents. The 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 :
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 Others 1
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 ;
2002 (1) ALD 96
MANU/AP/0045/2019
(VS,J
W.P.No.47621 of 2018)
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. No order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
___________________
JUSTICE V.SUJATHA
21st June,2024.
RPD.
(VS,J
W.P.No.47621 of 2018)
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 47621 of 2018
Date: 21.06.2024.
RPD.
