Andhra Pradesh High Court – Amravati
A.A. Aided Primary School, vs The State Of Andhra Pradesh on 2 May, 2025
APHC010623942017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
FRIDAY ,THE SECOND DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 30112/2017
Between:
A.a. Aided Primary School, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P V S S S RAMA RAO
Counsel for the Respondent(S):
1. GP FOR EDUCATION (AP)
The Court made the following ORDER:
The instant writ petition is being filed by the petitioner-Education
Institution, challenging the action of the respondents in not permitting them to
fill up the vacant posts in its School.
2. Heard learned counsel for the petitioner and Sri Gurram Rama Chandra
Rao, learned Government Pleader for School Education, appearing for the
respondents State.
3. When the matter is taken up for hearing, it is brought to the notice of
this Court by both the learned counsels that similar issue had come up before
this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the
2
said writ petitions vide common order on 05.01.2023 with certain directions to
the respondents and hence, they prayed for a similar order in this writ petition
as well. However, learned Government Pleader for School Education
requested to grant reasonable time for compliance of the directions to be
issued by this Court in view of the ongoing summer holidays for Schools.
4. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022
and Batch. Relevant portion of the said order is reproduced 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
3are 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……”
5. Further, both the learned counsels have brought to the notice of this
Court that, as of now, no appeal has been filed challenging the aforesaid
common order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When
identical matter fell for consideration in W.P.No.4999 of 2024, this Court
disposed of the said writ petition on 27.02.2024 by following the aforesaid
common order. In view of the series of orders on the same subject matter, this
Court is of the considered opinion that the facts of the present case are also
squarely covered by the common order dated 05.01.2023 of this Court.
6. Accordingly, this Writ Petition is disposed of in terms of the above
common order dated 05.01.2023 passed by this Court in W.P.No.30927 of
2022 & Batch, for the reasons alike, however, by extending the time for
compliance, in view of the difficulty expressed by the learned Government
Pleader, with the following directions:-
i. The respondent-authorities are hereby directed to permit
the petitioner-institution to fill up all the Aided vacancies1
202 (1) ALD 96
2
MANU/AP/0045/2019
4in 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 institution
has to make application to the Competent authorities for
filling up the vacancies;
iii. On such application, 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 petitioner-institution to fill up
the vacancies in accordance with the above said Rule,
preferably within a period of three (03) 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 3 and Ester
Axene Res. High School and Others V. State of Andhra
Pradesh and Others4.
vi. The entire exercise shall be completed by the respondent-
authorities within a period of four (04) months from the date of
receipt of a copy of this order……”
3
202 (1) ALD 96
4
MANU/AP/0045/2019
5
No costs. As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
______________________________
MAHESWARA RAO KUNCHEAM, J
GVK
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.30112 of 2017
Dt. 02.05.2025
GVK