IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.21704 of 2005 Between: St. Gabriel Education Centre High School, New Nallakunta, Hyderabad, rep. by Correspondent Smt. Prem Sunder ... PETITIONER AND 1 The Government of A.P., rep by Secretary, School Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education Saifabad, Hyderabad. 3 The Secretary, Finance & Planning (EBS-VI), Governmetn of A.P., Secretariat, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing Memo No. 12080/COSE/A4/2004 dated 20-10-2004 and issuing G.O.Ms.No.2 Education (SE.PS) Department, dated 11-1-2005 by the 1st respondent is illegal, improper, contrary to the guidelines issued by this Hon'ble Court and the judgment of the Apex Court reported in 2000(6) ALD 84 (SC), contrary to the provisions laid down in the act 1982 and set a side the same, and consequently direct the respondents to admit the petitioner school into grant -in-aid with effect from the date of recommendation made by the High Level Committee vide letter dated 28-10-1994 on par with the similarly situated schools, with all consequential benefits. Counsel for the petitioner: Mr. K.V.N. Bhupal Counsel for respondents 1 and 2: G.P., for School Education Counsel for respondent No.3: G.P., Finance & Planning The Court made the following Order: The petitioner, a high school situated at New Nallakunta, Hyderabad, seeks a writ of Mandamus declaring the action of the respondents in issuing Memo No.12080/COSE/A4/2004 dated 20-10-2004 and further orders issued in G.O.Ms.No.2, Education (SE.PS) Department dated 11-01-2005 as illegal. 2. The petitioner sent some proposals for admission of certain teaching and non-teaching posts into grant-in-aid. By impugned memo dated 20-10-2004, Government has taken a decision to the effect that no new posts of grant-in-aid would be created and the existing vacancies will not be filled up in view of the ban on recruitment, except for the posts for which permission was specifically granted. Further, orders were issued by the Government in G.O.Ms.No.2 dated 11-01- 2005 based on the high-level committee meeting held on 28-12-2004 rejecting the claim of the petitioner-school along with some other schools in various districts on the grounds, viz. information called for was not furnished, there is no approval from the competent authority for filling up the posts and there is a ban on admitting the posts into grant-in-aid. 3. When the writ petition is taken up for hearing, it is submitted by the learned counsel for the petitioner as well as the learned Government Pleader that the subject matter of the present writ petition is covered in view of the order dated 07-10-2005 passed by this court in W.P.No.24847 of 2004 and batch. 4. While considering the validity of the common orders, which were also the subject matter in the aforesaid batch of cases, this court held that the high-level committee has not considered the applications of the managements for admission of posts into grant-in-aid in proper perspective and directed for re-consideration of the claim of the managements for admission of posts into grant-in-aid keeping in mind the guidelines issued by the Government in G.O.Ms.No.220 dated 27-01-1989 and further orders issued by the Government. 5. As much as same orders are questioned in this writ petition also, in view of the reasons recorded by this court in W.P.No.24847 of 2004, this writ petition is disposed of directing the respondents to place the proposals sent by the petitioner-school before the high-level committee for re-consideration and the high-level committee is directed to consider the proposals for admission of posts into grant-in-aid and pass appropriate orders, as expeditiously as possible, preferably within six months from the date of receipt of this order. No order as to costs. ________________________ R. SUBHASH REDDY, J. April 7, 2009 MRR