Andhra Pradesh High Court - Amravati
Andhra Evangelical Lutheran Church, vs The State Of Andhra Pradesh, on 26 March, 2024
1
APHC010073572021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY SIXTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4607/2021
Between:
Andhra Evangelical Lutheran Church, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K RAMAMOHAN
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
The Court made the following:
2
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4607 OF 2021
ORDER:
This writ petition came to be filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not according the permission to fill up the vacant Aided posts as per the proposals submitted by the 1st Petitioner's Management in respect of the Schools as per the Judgment of the Hon'ble Court in W.P.No.9053 of 2005, dated 30.07.2013 and Divison Bench Judgment in W.P.No.28912 and Batch, dated 16.04.2019 reported in 2019(5) ALD 72 as illegal, improper, .."
2. Heard Mr.Challa Siva Sankar, learned counsel for the petitioner(s) and learned Government Pleader for School Education appearing for the respondents1 to 4.
3. During hearing, learned Government Pleader for School Education as well as learned counsel for the petitioner(s) would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.30927 of 2022 and Batch, dated 05.01.2023, wherein a learned single Judge of this Court passed a detailed Common Order. 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:3
2 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 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"
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 1 202(1)ALD 96 2 MANU/AP/0045/2019 4 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.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA Dated 26.03.2024 Pnr