HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 3922 OF 2007 DATED 23rd December, 2014.
BETWEEN Partially Aided High School, Velgode, Kurnool District, rep. by its Correspondent Ch.B.J. Raju ….Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education, Secretariat, Hyderabad and ors.
…Respondents.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 3922 OF 2007
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner–school was established in the year 1951 and at that time the school was started as a primary school with classes from I to V after obtaining necessary permission from the competent authority. The petitioner-school was admitted into grant-in-aid from the date of its inception. From the academic year 1984-85, the school was upgraded as Upper Primary School with classes VI to VII and unaided posts were sanctioned for classes VI and VII and the same were admitted into grant-in-aid. From the academic year 1997-98 class VIII was started, from the academic year 1998-99, Class IX was started and from the academic year 1999-2000, Class X was started. Thereafter proposals were submitted to the respondents for sanction of certain un-aided posts. The fourth respondent forwarded the said proposals to the third respondent, who issued proceedings sanctioning one un-aided post of Head- master and one un-aided post of B.Ed. (Maths). Thereafter the second respondent issued proceedings dated 25.11.1999 sanctioning same work of un-aided posts both teaching and non-teaching to the petitioner-school from the academic year 1999-2000 and directed the petitioner-school to fill-up the posts as per the procedure prescribed in G.O.Ms.No.1, Education, dated 1.1.1994 and G.O.Ms.No.76, dated 2.11.1999. Accordingly the petitioner-school filled up the un-aided teaching and non-teachings posts in the classes from VIII to XI . The petitioner submitted proposals to the fourth respondent requesting to admit eight posts into aid. A Three-man Committee headed by the fourth respondent considered the eligibility of the petitioner-school and recommended favourably to admit the posts into grant-in-aid. When no action was taken by respondents 1 and 2 for a long time, the petitioner along with other similarly placed schools filed Writ Petition No. 23763 of 2002 and the said Writ Petition was disposed of by this Court on 28.11.2002 directing the respondents 1 and 2 to place the matter before the High Level Committee. Consequently the fourth respondent forwarded the proposals along with the recommendations of the Three-man Committee. The High Level Committee considered the recommendations and rejected the proposals by proceedings in Rc.No.1216/84-1/03, dated 5.9.2003, which were communicated by the fourth respondent to the petitioner through proceedings in Rc.No.1843/A6/03, dated 20.10.2003. Challenging the same, the present Writ Petition was filed.
A counter affidavit is filed justifying the action of the respondents on the ground that since classes were started in and after 1998-99, those classes are not eligible for grant-in-aid.
The learned Counsel for the petitioner submits that the first respondent issued orders in G.O.Ms.No.143, dated 16.12.2003 admitting various posts into grant-in-aid in respect of several other similarly placed schools and therefore the petitioner submitted a representation on 30.12.2006 to the first and second respondents for reviewing the order. He also submits that there is no prohibition for admitting the posts into grant-in-aid which were upgraded after 1998-99.
The learned Government Pleader fairly submitted that the respondents would review the orders keeping in view the provisions of the Act 22 of 1988 and also consideration given to various other similarly situated schools in G.O.Ms.No.143, dated 16.12.2003 by looking into the representation submitted by the petitioner-school on 30.12.2006.
In that view of the matter, the orders passed by the fourth respondent in proceedings Rc.No.1843/A6/2003, dated 20.10.2003 are set aside and the respondents are directed to reconsider the matter in the light of the representation submitted by the petitioner on 30.12.2006 keeping in view the provisions of the Act 22 of 1988 and G.O.Ms.No.143, dated 16.12.2003 and pass appropriate orders in accordance with law within a period of six months from the date of receipt of a copy of this order.
The Writ Petition is allowed to the extent indicated above. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 23rd December, 2014. Msnrx