Telangana High Court
Manoranjitham Memorial Primary And ... vs The State Of Telangana on 26 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.7218 OF 2022
ORDER:
Heard Sri Gangisetty Rajeswara rao, learned
counsel appearing on behalf of the petitioner and
learned Government Pleader for Education appearing
on behalf of the respondents.
2. The petitioner approached this Court seeking the
relief as under:
"To issue a writ order or direction more
particularly one in the nature of Writ of
Mandamus declaring the action of the
respondents in not permitting the petitioner
school for filling up of the 2 Aided Secondary
Grade Teacher Posts in Primary School and 17
Teaching and Non teaching Posts in High
School which has fallen vacant due retirement
and promotions, under the guise of ban
imposed by the Government Memo No.12080/
COSE/ A2/2004-4 Dated 20.10.2004, which
was declared illegal, arbitrary, discriminatory,
against the principles of natural justice and
violative of Articles 14, 19(1)(g), 21-A and 45
of the Constitution of India, apart from the
provisions of the Right of Children to Free And
Compulsory Education Act 2009 and
Consequently direct the respondents to accord
permission to the petitioner school for filling
up of the 2 Aided Secondary Grade Teacher
Posts in Primary School and 17 Teaching and
Non teaching Posts in High School in clear
vacant aided posts in terms of G.O.Ms.No.1
Education Department Dated 1.1.1994 and to
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pass such other order or orders as this Hon'ble
Court may deem fit and proper in the
circumstances of the case."
3. Learned counsel appearing on behalf of the petitioner
submits that the petitioner is entitled for filing up of two aided
Secondary Grade Teacher Posts in Primary school and 17
Teaching and Non teaching Posts in High School in petitioner
school, through regular recruitment procedure as
contemplated under Rule 12 and 13 of the Telangana
Educational Institutions (Establishment, Recognition,
Administration and control of schools under Private
Management) issued in G.O.Ms.No.1 Education Department
dated 01.01.1994 as per the orders passed by this Court on
08.06.2021 in W.P.No.22853 of 2019 which had been upheld
by Division Bench of this Court passed in W.A.No.459 of 2021,
dated 24.11.2022 and also the Apex Court Judgment dated
09.01.2024 passed in SLP.No.3681 of 2023.
4. Learned counsel for the petitioner submits that the
petitioner may be directed to make a fresh representation
seeking a request to the respondents to permit the petitioner
School for filing up of two aided Secondary Grade Teacher
Posts in Primary school and 17 Teaching and Non teaching
WP_7218_2022
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Posts in High School which are fallen vacant due to retirement
and promotions of employees, who were working in the
petitioner school, through regular recruitment procedure as
contemplated under Rule 12 and 13 of the Telangana
Educational Institutions (Establishment, Recognition,
Administration and control of schools under Private
Management) schools and the same may be considered by
the respondents in accordance to law as per the rules as on
date within a reasonable period.
5. Learned Assistant Government Pleader for Education
appearing on behalf of the respondents submits that upon the
petitioner making a fresh representation seeking the said
relief, the same would be considered by the respondents in
accordance to law.
6. Taking into consideration the aforesaid
submissions put forth by both the learned counsel on
record, the Writ Petition is disposed of directing the
petitioner to make a fresh representation within one
week from today requesting the respondents to permit
the petitioner school for filling up of two aided
Secondary Grade Teacher Posts in Primary school and
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17 Teaching and Non teaching Posts in High School
which are fallen vacant due to retirement and
promotions in accordance to law as per the rules in
force as on date. Upon the petitioner making the said
representation within one week from today, the
respondents are directed to consider the same within
two weeks thereafter, and pass appropriate orders in
accordance to law and duly communicate the decision
to the petitioner.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
__________________________________
MRS JUSTICE SUREPALLI NANDA
Date:26.02.2024
dgr
