Between:
HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1561 OF 2014 Date:24.01.2014.
M.H. Appa High School, Rep. by its Correspondent, Sreemnagar, Kurnool District and another.
And The Government of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat, Hyderabad and others.
…. Petitioners …. Respondents ORDER:
HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1561 OF 2014 Heard Sri S. Girimojirao, learned Counsel appearing for the petitioner and the learned Government Pleader for School Education appearing for the respondents.
2. The 1st petitioner – institution is said to be a recognized institution and admitted to grant-in-aid. It is stated that one post of School Assistant aided post fell vacant on 31.05.2001 in the 1st petitioner – institution and it sent proposals to the 4th respondent on 07.03.2013 for absorption of the 2nd petitioner into the aided post, and the same has not been taken up for consideration for no valid reason. The 1st petitioner – institution is, therefore, aggrieved by the action of the State in not considering its request in this regard.
3. The State is resisting the request of the 1st petitioner for according permission on the ground that there is a ban through Government Memo No.12080/COSE/A2/2004-4, dated 20.10.2004. The objection of the State no longer survives, since the said Memo has been quashed by order of this Court dated 30.07.2013 in W.P.No.9503 of 2005 and batch. Therefore, there is no prohibition on the State to consider the case of the 1st petitioner – institution for according permission sought for by it.
4. Hence, the writ petition is disposed of with a direction to the respondents to consider the case of the 1st petitioner – institution for according permission to fill up the aided vacancies, subject to fulfilment of all other conditions governing the subject, disregarding the Government Memo dated 20.10.2004, within three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.
5. In view of disposal of the writ petition, W.P.M.P.No.1815 of 2014 shall stand closed as unnecessary.
NOUSHAD ALI, J January 24, 2014.
KTL