Andhra Pradesh High Court - Amravati
Bishop Azariah Elementary School For ... vs The State Of Andhra Pradesh on 7 January, 2026
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010637422025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3327]
(Special Original Jurisdiction)
WEDNESDAY, THE SEVENTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 33971/2025
Between:
1. BISHOP AZARIAH ELEMENTARY SCHOOL FOR GIRLS,,
VIJAYAWADA, A CHRISTIAN MINORITY EDUCATIONAL
INSTITUTION ADMINISTERED BY THE CHURCH OF
SOUTH INDIA KRISHNA-GODAVARI DIOCESE,
REPRESENTED BY ITS CORRESPONDENT MRS. DASARI
JOSHUVA KUMARI, W/O BISHOP RT. REV. DR. T.
GEORGE CORNELIUS, AGED ABOUT 60 YEARS, R/O
D.NO.29-19-87/3, BISHOP AZARIAH SCHOOL COMPOUND
BISHOP HOUSE, LABBIPET, VIJAYAWADA, N.T.R.
DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS
PRINCIPAL SECRETARY, SCHOOL EDUCATION
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI
AMARAVATHI, GUNTUR DISTRICT.
2. THE COMMISSIONER OF SCHOOL EDUCATION,
GOVERNMENT OF ANDHRA PRADESH,
IBRAHIMPATNAM, VIJAYAWADA, N.T.R.DISTRICT.
3. THE DISTRICT EDUCATIONAL OFFICER, VIJAYAWADA
URBAN, VIJAYAWADA, N.T.R. DISTRICT.
4. THE REGIONAL JOINT DIRECTOR OF SCHOOL
EDUCATION, ZONE-LL, KAKINADA, EAST GODAVARI
DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High Court
may be pleased to issue a writ, order or direction more particularly one
in the nature of WRIT OF MANDAMUS declaring the inaction of the
respondents in not considering the petitioner's representation dated 11-
SRK, J
W.P.No.33971 of 2025
2
08-2025 for grant of permission to fill up 6 vacant aided posts in the
petitioner institution as per G.O.Ms.No.01 dated 01-01-1994 and
consequential proceedings in Rc. No90/PS-1/2010-3 dated 20-07-2017
and for rectification of technical glitches in the UDISE Plus portal despite
the institution being a Ghristiah Minority exempted from surplus staff
allotment, as arbitrary, illegal, discriminatory non discharge of legal
obligation and violative of Articles 14, 19(1)(g), 21A, 30(1) and 38 of the
Constitution of India and consequently direct the respondents to grant
permission to the petitioner institution to fill up all 31 vacant aided posts
or in the alternative, at least 6 critical teaching posts forthwith in terms of
G.O.Ms.No.40 dated 30.06.2017, Rc.No.101/C2/2024 dated 10-02-2025
and the guidelines in W.P.No.30927 of 2022 and batch dated
05.01.2023, and also a direction to the 3rd respondent to immediately
resolve the technical issues in UDISE Plus portal and ensure upload of
the remaining 10 students data immediately
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to direct the respondents to grant permission to the petitioner
institution to fill up 6 vacant aided posts or in the alternative, in terms of
G.O.Ms.No.40 dated 30.06.2017, Rc.No. 101/C2/2024 dated 10-02-2025
and the guidelines in W.P.No.30927 of 2022 and batch dated
05.01.2023, and also a direction to the 3rd respondent to immediately
resolve the technical issues in UDISE Plus portal and ensure upload of
the remaining 10 students' data immediately, pending disposal of the
main writ petition
IA NO: 2 OF 2025
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to permit the petitioner to implead the proposed respondent 5
as party respondent 5 in W.P.No.33971/2025 as well as interlocutory
application and pass
Counsel for the Petitioner:
1. RAJA DAMOJI RAO
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
The Court made the following:
SRK, J
W.P.No.33971 of 2025
3
ORDER
This Writ Petition is filed seeking the following relief:
"... to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the petitioner's representation dated 11.08.2025 for grant of permission to fill up 6 vacant aided posts in the petitioner-Institution as per G.O.Ms.No.1, dated 01.01.1994 and consequential proceedings in Rc.No.90/PS-1/2010-3, dated 20.07.2017 and for rectification of technical glitches in the UDISE PLUS Portal, despite the institution being a Christian Minority exempted from surplus staff allotment, as arbitrary, illegal, discriminatory, non-discharge of legal obligation and violative of Articles 14, 19 (1) (g), 21A, 30(1) and 39 of the Constitution of India and consequently, direct the respondents to grant permission to the petitioner-Institution to fill up all 31 vacant aided posts or in the alternative, at least 6 critical teaching posts forthwith in terms of G.O.Ms.No.40 dated 30.06.2017, Rc.No.101/C2/2024, dated 10.02.2025 and the guidelines in W.P.No.30927 of 2022 and batch rd dated 05.01.2023 and also a direction to 3 respondent to immediately resolve the technical issues in UDISE PLUS Portal and ensure upload of the remaining 10 students' data immediately and to pass such other order or orders ..."
2. Contents of the affidavit filed by the Correspondent of petitioner-Institution in support of the Writ Petition, in brief, are that, the petitioner-Institution has been rendering service to the cause of female education in Vijayawada Urban area for the last 73 years, catering primarily to educational needs of girl children from economically and socially backward sections, including Scheduled Castes, Scheduled Tribes and other disadvantaged groups. As per the sanctioned strength of staff pattern approved by 3rd respondent SRK, J W.P.No.33971 of 2025 4 vide Proceedings in Rc.No.Spl/Grant-in-Aid/1972 dated 01.04.1972, the petitioner-Institution is entitled to 42 aided posts (36 Teaching and 6 Non-Teaching); that due to retirements, deaths, resignations and voluntary retirements, 26 posts became vacant by June, 2024 and the petitioner-Institution has been managing with skeletal staff, resulting in combined classes, overburdening of existing teachers.
(b) The Government of Andhra Pradesh imposed a blanket ban on fresh recruitment in aided private institutions vide Memo No.13692/SC.PS/A1/2004-1 dated 20.10.2004 and the said ban was challenged by several Aided School Managements before this Court in Writ Petition No.9503 of 2005 and batch. This Court vide Order dated 30.07.2009 disposed of, the said Writ Petition, declaring the ban as illegal, arbitrary; that though the State carried the matter in appeal before Division Bench in Writ Appeal No.216 of 2024 and batch, it was dismissed as infructuous on 09.12.2019 and the Hon'ble Supreme Court dismissed the Special Leave Petition (Civil) No.8547 of 2014 on 14.09.2015 preferred against the same.
(c) Consequent upon the final adjudication, the Government lifted the ban vide Memo No.18836/SC.PS/A1/2012 dated 04.01.2017 and issued G.O.Ms.No.40, Education SRK, J W.P.No.33971 of 2025 5 Department, dated 30.06.2017 directing the Commissioner of School Education to permit filling of all vacant aided posts in the Institutions, who preferred Writ Petition No.9503 and batch. Pursuant thereto, 2nd respondent issued Proceedings vide Rc.No.90/PS-1/2010-3, dated 20.07.2017 to all the Regional Joint Directors and the District Educational Officers to take immediate action, but despite the above, 2nd respondent issued fresh proceedings on 12.09.2017 placing the recruitment in abeyance once again; that the said of keeping in abeyance was challenged in Writ Petition No.1041 of 2018 and this Court vide Order, dated 29.02.2020 in I.A.No.1 of 2018, suspended the same and even after suspension, the respondents failed to process the applications of Aided Institutions. Aggrieved of the same, several Aided School Managements including Institutions filed Writ Petition No.30927 of 2022 and batch and this Court vide Common Order, dated 05.01.2023 disposed of the said Writ Petition and batch with comprehensive directions within a stipulated period. But, despite lapse of such stipulated period, respondents failed to take any action. Therefore, the petitioner filed Contempt Case No.4734 of 2024 and it is pending for adjudication.
(d) During such interregnum, five more teachers working in petitioner-Institution retired from service on attaining the age of SRK, J W.P.No.33971 of 2025 6 superannuation. The total vacancies increased to 31 (25 Teaching + 6 Non-Teaching). The petitioner-Institution addressed a detailed representation on 11.08.2025 to 3rd respondent requesting immediate permission to fill at least 6 critical teaching posts to prevent collapse of academic activity, but 3rd respondent issued Proceedings vide Rc.No.101/C2/2024, dated 10.02.2025 merely acknowledging the representation without granting permission; that the petitioner-Institution reiterated the request vide Letter dated 11.08.2025 addressed to the District Educational Officer, Krishna at Machilipatnam, but despite lapse of more than four weeks from the date of making initial representation, the respondents have not granted permission. The inaction of respondents is causing grave and irreparable injury to 95 girl students studying in petitioner- Institution. Hence, the Writ Petition.
3. Today, when the matter came up at the stage of admission for hearing, it is submitted by the learned counsel for the petitioner-Institution that the subject matter of this Writ Petition is squarely covered by the Common Order passed by this Court in Writ Petition No.30927 of 2022 and batch, dated 05.01.2023, wherein a learned Single Judge of this Court disposed of, the Writ Petition. A copy of the said Common Order is placed on record as a SRK, J W.P.No.33971 of 2025 7 material paper. The relevant paragraph No.9 of the said Common Order reads thus:
"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 and 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 SRK, J W.P.No.33971 of 2025 8 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.
No order as to costs."
4. Heard learned counsel for the petitioner school and Sri Nerella S.V.Ravi Teja, learned Assistant Government Pleader for School Education representing the respondents.
5. A perusal of the entire material on record goes to show that as on the date of representation dated 11.08.2025, according to petitioner-School, there are 31 (25 teaching + 6 non-teaching) vacancies in their school and as per the version of petitioner- School, the pupil strength of their school for the Academic Year 2024-2025 is though 95, due to technical glitch, they were able to upload only 85 students data in the UDISE Plus Portal.
6. As per the proceedings of 3rd respondent vide Rc.No.101/C2/2024, dated 10.02.2025, which was issued prior to the petitioner's representation, it was informed to the Correspondent of petitioner-School that the school was having 73 students and working teachers are 3 as per the provisions laid 1 2002 (1) ALD 96.
2MANU/AP/0045/2019.
SRK, J W.P.No.33971 of 2025 9 down in the G.O.Ms.No.1, dated 01.01.1994 and as per the Schedule prescribed under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009). Therefore, respondent No.3 issued the aforesaid proceedings stating that it is not feasible to permit the petitioner- School to fill up the aided posts at this time.
7. Apparently, as per the representation, dated 11.08.2025, though there are 31 (25 teaching + 6 non-teaching) vacancies in the petitioner-School, they requested the respondent authorities to grant permission for filling the six vacant aided teacher posts due to acute shortage of teaching staff.
8. Having regard to the Common Order passed by this Court in Writ Petition No.30927 of 2022 and Batch, dated 05.01.2023 and for the reasons mentioned therein, this Writ Petition is disposed of, with the following directions:
i) The respondent-authorities are hereby directed to consider the representation of the petitioner-School, dated 11.08.2025 and pass appropriate orders permitting the petitioner-School to fill up Six (06) vacant Aided Posts out of 31 (25 teaching + 6 non-
teaching) vacancies, in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009). The SRK, J W.P.No.33971 of 2025 10 entire exercise shall be completed by the respondent-authorities within a period of six (06) months from the date of receipt of a copy of this Order.
There shall be no order as to costs.
Consequently, miscellaneous applications pending if any, shall also stand closed.
JUSTICE K. SREENIVASA REDDY th 7 January, 2026.
DNB