IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3414 of 2006 Between: S.K.Abdul Lateef S/o.Khyrathi Saheb, Siddiqui aided U.P.School, Jillella, Kurnool District. ..... PETITIONER AND 1 The state of A.P.Rep. by its Secretary, Educattion Department, Secretariat, Hyderabad. 2 The Director of School Education, A.P.Hyderabad. 3 The District Educational Of ficer, Kurnool District, Kurnool 4 The Siddiqui Aided Schools Committee Sirivel, Kurnool District Rep. by its Correspondent Sri K.J.Saheb Basha Siddiqui Sirivel, Kurnool District. 5 Sk.Mohamboob Showreef S.G.Teacher S.A.Elementary School Noonepally Nandyal, Kurnool Dist. .....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 pass orders particularly one in the nature of mandamus declaring the orders of the 3rd respondent in Rc.No.6974/C4/2004 dt.1.2.2006 to the extent of 1st direction to revert the junior most S.G.T and the consequential orders of the 4th respondent in Rc No.24/2004 dt.6.2.2006 as arbitrary, illegal, discriminatory misconceived and contrary to G.O.ms.No.75 Edn dt.23.9.2002 and violative of Arts 14 and 21 of the Constitution of India and violative of the principles of natural justice and consequently set aside the impugned orders of the respondents 3 and 4 and direct the respondents to continue the petitioner in the aided S.G.Vacancy. Counsel for the Petitioner:MR.V.R.N.PRASHANTH Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : ORDER: Under the same management, several institutions, by name Siddiqui Aided Schools, were established in various parts of Kurnool District. The petitioner was employed as a Secondary Grade Teacher in Urdu, in one of the said institutions. A school functioning at Cement Nagar had two aided posts of Urdu Secondary Grade Teachers. In other institutions also, Secondary Grade Teachers in Urdu were admitted to grant-in-aid. The petitioner is working at an institution at Sirvel. The institution at Cement Nagar was wound up vide proceedings, dated 17.06.2003. Both the posts of Aided Teachers in Urdu were transferred to the institution at Sirvel. While against one post, the incumbent was already working in that institution on deputation, the other became vacant, on account of the retirement of the incumbent. Out of four Urdu Teachers that were functioning in the said institutions, the fifth respondent is the senior most and the petitioner is the junior most. The management of the institutions initiated proposals for absorption of the fifth respondent against the vacancy that was transferred from the institution at Cement Nagar. The proposals were rejected by raising certain objections. In the meanwhile, three more vacancies had arisen in other institutions and the petitioner and two other persons, by name Mohammed Ali and Sardar Basha absorbed against them, vide separate proceedings. The fifth respondent filed W.P.No.21433 of 2004, challenging the rejection of the proposals submitted by the management for his absorption. The writ petition was disposed of through order, dated 16.03.2005, directing the District Educational Officer, the third respondent herein, to examine the proposals, without reference to the objections raised in the order of rejection. In the process of implementation of the directions of this Court in W.P.No.21433 of 2004, the third respondent issued proceedings, dated 01.02.2006 directing cancellation of the absorption of the petitioner; so that, the resultant vacancy may be made available for absorption of the fifth respondent. The said proceedings are challenged in this Writ Petition. Heard learned counsel for the petitioner, learned Government Pleader for School Education for respondents 1 and 2 and learned counsel for the fifth respondent. Out of two posts of Secondary Grade Teachers in Urdu transferred from the institution at Cement Nagar vide proceedings, dated 17.06.2003, one was vacant due to retirement of the incumbent, by name Abdul Azeez. Thereafter, three more vacancies had arisen due to retirement of incumbents, in different institutions. By 2004, as many as, four vacancies were available for absorption of the existing incumbents against the aided posts. Being the senior most teacher, the case of the fifth respondent was considered first, but the proposals were rejected by raising certain objections. The remaining three posts were filled up by the other persons in the seniority list. In the process, the petitioner was absorbed and the same was approved by the third respondent through proceedings, dated 31.12.2004. It is, no doubt, true that in W.P.No.21433 of 2004, filed by the fifth respondent, this Court directed the third respondent to re- examine the matter, without reference to the objections raised by him, while rejecting the proposals for absorption of the fifth respondent. A perusal of the impugned order discloses that though no material, or procedural defect was found in the orders of absorption of petitioner and all others, the cancellation of the absorption of the petitioner was directed, only with a view to make provision for the fifth respondent. That was not the purport of the directions issued by this Court. Another important aspect is that the petitioner was not issued a notice before his absorption was directed to be cancelled. On this short ground, the impugned proceedings are liable to be set aside. The third respondent has to re-examine the matter, as regards the implementation of the directions issued by this Court. In case he finds it necessary, to cancel the absorption of the petitioner, or any other teacher, he shall be under obligation to issue notice to them. For the foregoing reasons, the Writ Petition is allowed and the impugned order is set aside. It shall be open to the third respondent to issue notice to the petitioner or other affected parties as well as the management, in case he feels it necessary to cancel their absorption. Till such an exercise is undertaken, the petitioner shall be continued in service and be paid the salary admissible to that post. There shall be no order as to costs. ____________________ Dt.30.04.2008 L.NARASIMHA REDDY, J GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, State of A.P., Educattion Department, Secretariat, Hyderabad. 2 The Director of School Education, A.P.Hyderabad. 3 The District Educational Officer, Kurnool District, Kurnool 4 2CCs to GP for School Education. 5 2CD copies Form-NIC-OGS/WP{MPL}