Andhra Pradesh High Court - Amravati
N.M.C. Aided Elementary School vs The State Of Andhra Pradesh on 24 December, 2025
APHC010466282017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 32138/2017
Between:
1. N.M.C. AIDED ELEMENTARY SCHOOL,, NAGARAJAPURAM,
SULLURPET 524 121, SPSR NELLORE DISTRICT, REP. BY ITS
CORRESPONDENT, PUJARI CHENGAIAH, S/O DHARMAIAH, AGED
73 YEARS, R/O NAGARAJAPURAM VILLAGE, SULLURPET MANDAL
- 524 121 SPSR NELLORE DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION [PS.I] DEPARTMENT, SECRETARIAT, VELAGPUDI, AMRAVATHI, GUNTUR DIST.
2. THE COMMISSIONER DIRECTOR OF SCHOOL, EDUCATION, GOVT. OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.
3. THE REGIONAL JOINT DIRECTOR OF SCHOOL, EDUCATION, GOVT. OF ANDHRA PRADESH, 12TH WARD, ARUNDELPET, GUNTUR.
4. THE DISTRICT EDUCATIONAL OFFICER, SPSR NELLORE DISTRICT, NELLORE.
...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 toto issue an appropriate a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in permitting the Petitioner to fill up the vacant aided teaching post as illegal, arbitrary and violative of Article 14, 19 & 21 of the Constitution 2 of India and consequently direct the respondents to permit the Petitioner to fill up the vacant aided teaching post as per rule and pass such other or further orders as this Hon'ble Court may deem fit proper.
Counsel for the Petitioner:
1. T V S KUMAR Counsel for the Respondent(S):
1. GP FOR SCHOOL 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 aided teaching posts in its School.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for School Education, appearing for the respondents State.
3. Learned counsel for the petitioner submits that similar issue had come up before this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the said writ petitions vide common order on 05.01.2023 with certain directions to the respondents. Hence, he prays for a similar order in this writ petition as well.
4. On the other hand, the learned Assistant Government Pleader for School Education has not disputed the above aspect of passing common order by this Court. While placing a copy of G.O.Ms.No.30 dated 11.07.2025 issued by the Government of Andhra Pradesh, he submits that amendments were made to Rules 12 & 13 of the A.P. Educational Institutions 3 (Establishment, Recognition, Administration and Control of Schools under Private Management) Rules, 1993 and therefore, the petitioner has to comply with the amended terms thereof.
5. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 and Batch. The 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 are concerned, in view of the Judgments of Division Bench of this Court rendered in Modern High School, Zamisthanpur V. 4 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......"
6. 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.
7. 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, with the following directions:-
i. The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994, as amended in G.O.Ms.No.30 dated 11.07.2025 and 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;
1 202 (1) ALD 96 2 MANU/AP/0045/2019 5 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 the Division Bench of this Court rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others3 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."
No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.
______________________________ MAHESWARA RAO KUNCHEAM, J Note: Registry to attach a copy of orders dated 05.01.2023 passed in W.P.No.30927 of 2022 & batch B/o.
GVK 3 202 (1) ALD 96 4 MANU/AP/0045/2019 6 107 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.32138 of 2017 Dt. 24.12.2025 GVK