The Management Of St Mary Fathima High ... vs The State Of Andhra Pradesh
2024 Latest Caselaw 4691 AP

Andhra Pradesh High Court - Amravati

The Management Of St Mary Fathima High ... vs The State Of Andhra Pradesh on 24 June, 2024

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APHC010187362024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                 [3333]
                          (Special Original Jurisdiction)

              MONDAY ,THE TWENTY FOURTH DAY OF JUNE
                 TWO THOUSAND AND TWENTY FOUR

                                PRESENT

               THE HONOURABLE SMT JUSTICE V.SUJATHA

                     WRIT PETITION NO: 9370/2024

Between:

The Management Of St Mary Fathima High School          ...PETITIONER

                                 AND

The State Of Andhra Pradesh and Others             ...RESPONDENT(S)

Counsel for the Petitioner:

  1. K N VIJAYA LAXMI

Counsel for the Respondent(S):

  1. GP FOR SCHOOL EDUCATION

The Court made the following:
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ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India

seeking the following relief:

".... to declare the action of the respondents 2 to 4 as illegal compiling dereliction of duty in violation of Art. 14, 16, 21 and Art 45 of the Constitution of India in not granting permission to the management, petitioners school to fill up the following 13 post i.e., The one HM post fell vacant on 31.7.2009, one grade

2 Hindi Pandit fell vacant on 30.6.2011 on the retirement of the incumbent, one PET Teacher fell vacant on 30.6.2009, one PVT post fell vacant on 31.5.2016, one Drawing Teacher fell vacant on 30.6.2010, one Jr.Assistant fell vacant on 31.7.2019, two record Assistant post fell vacant on 31.1.2020, one office subordinate fell vacant on 30.6.2020, three SGT's fell vacant as per the strength and in total 13 posts has to be filled up is in violation of Art. 14, 16, 21 and Art 45 of the Constitution of India and by issuing writ of Mandamus consequently direct the respondents 2 to 4 to grant permission fill up the above mentioned post and pass......"

2. Heard learned counsel for the petitioner and learned Government

Pleader for School Education appearing 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 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 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, in terms of the order, dated 05.01.2023

2002 (1) ALD 96

MANU/AP/0045/2019

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 KGR