Telangana High Court
Sri Balaji K.G. And High School vs The State Of Telangana on 26 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.16777 OF 2021
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 three aided Secondary Grade Teacher Posts, which
was fallen vacant due retirement of Smt.T.Nirmala, Aided
S.G.Teacher on 1.8.2007, Smt. Padmavathi, Aided
S.G.Teacher on 01.11.2009 and Smt.Anasuya, Aided
Secondary Grade Teacher on 30.6.2016, who were working in
petitioner school, through regular recruitment procedure as
contemplated under Rule 12 and 13 of the Andhra Pradesh
Educational Institutions (Establishment, Recognition,
Administration and Control of Schools under Private
Management) Rules 1993, even after completion of
rationalization of Services of Aided Staff in Private Aided
Management Schools vide.G.O.Ms.No.40 Education (SE-PS.
1) Department Dated.18.6.2013, on the ground that ban
imposed by the Government vide. Memo No.12080/
COSE/A2/ 2004-4 Dated.20.10.2004, as illegal, arbitrary
discriminatory against the principles of natural justice and
violative of Articles 14, 16, 19(1)(g), 21-A and 45 of the
Constitution of India, apart from the law laid down under
Article 141 and 142 of the Constitution by the Hon'ble
Supreme Court directions to comply with time bound for
implementation of the Right of Children to Free And
Compulsory Education Act 2009, in the case of Environment
and Consumer Protection Foundation Vs Delhi Administration
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and others 2012 (10) SCC 197 and Consequently direct the
respondents to accord permission to the petitioner school for
filling up of the three clear vacant aided posts, through
recruitment procedure as contemplated under Rule 12 and 13
of the Rules 1993 issued in G.O.Ms.No.1 Education
Department Dated 1.1.1994."
3. Learned counsel appearing on behalf of the petitioner
submits that the petitioner is entitled for filling up of three
aided Secondary Grade Teacher Posts 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 filling up of three aided Secondary Grade Teacher
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Posts which had fallen vacant due to retirement of
Smt.T.Nirmala, Aided S.G.Teacher on 1-08-2007,
Smt.Padmavathi, Aided S.G.Teacher 01.11.2009 and
Smt.Anasuya, Aided Secondary Grade Teacher on
30.06.2016, 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
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the petitioner school for filling up of three aided
Secondary Grade Teacher Posts which had fallen vacant
due to retirement of Smt.T.Nirmala, Aided S.G.Teacher
on1-08-2007, Smt.Padmavathi, Aided S.G.Teacher
01.11.2009 and Smt.Anasuya, Aided Secondary Grade
Teacher on 30.06.2016, who were working in the
petitioner school, through regular recruitment 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. No costs
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
__________________________________
MRS JUSTICE SUREPALLI NANDA
Date:26.02.2024
dgr
