IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO : 24028 of 2005 Between: Y.R. High School, Parchur, Prakasam district, W/o.Eswarachandra Vidyasagar, Aged 52 years, R/o. Karamachedu, Prakasam District, ..... PETITIONER AND 1 Government of Andhra Pradesh, School Education Department, Rep. by its Prl. Secretary 2 Commissioner & Director of School Education, Andhra Pradesh, Saifabad, Hyderabad, 3 Regional Joint Director of School Education, Guntur, Guntur District, 4 District Educational Officer, Prakasam District, Ongole, .....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 to issue a writ of Mandamus or any other appropriate writ, Order or direction (1) declaring that the Memo No. 12080/COSE/A2/2004-4, dt. 20-10-2004, issued by the 1st respondent is not applicable to the petitioner Schol, as specific permission was issued by the 1st respondent in G.O.Rt.No. 642 , Education, dt. 17-7- 2004 prior to imposition of ban; (2) declare that Memo No. 12080/COSE/A2/2004-4, dt. 20-10-2004 issued by the 1st Respondent is illegal, ultravires and contrary, to the provisions of Education Act and; (3) declare the action of the respondents 2 to 4 in not taking consequential steps pursuant to G.O.Rt.No. 642, Education, dt. 17-7- 2004 issued by the 1st Respondent as illegal and arbitrary and consequently direct the respondents to complete the selection process by appointing a departmental nominee to enable the management of the petitioner School to fill two vacant aided P.E.T. posts and pass such other or further orders as are deemed fit and proper. Counsel for the Petitioner:MR.N.SUBBA RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.24028 of 2005 ORDER: The petitioner – school was established in the year 1946 and permanent recognition was granted by the Director of Public Instructions by Proceedings dated 10-06-1974. All the posts in the petitioner – school were admitted into grant-in-aid. The Government accorded permission to fill up 2 P.E.T. Posts. A representation was submitted by the petitioner – school to the District Educational Officer to appoint a departmental nominee to conduct selection as per the rules in vogue. Pursuant to the representation, the District Educational Officer appointed Deputy Educational Officer, Parchur to supervise the selection process as a departmental nominee. However, the departmental nominee did not attend the selection process. It is submitted that the departmental nominee refused to attend the selection process under the guise of ban imposed by the Government in Memo dated 20-10-2004. The petitioner filed Writ Petition with a prayer to issue Writ of Mandamus or any other appropriate Writ, Order or direction that memo No.12080/COSE/A2/2044-4, dated 20- 10-2004 issued by the Government of Andhra Pradesh, School Education Department is not applicable to the petitioner - school, as specific permission has been issued in G.O.Rt.No.642, Education, dated 17-07-2004 and also declare that Memo No.12080/COSE/A2/2004-4, dated 20-10-2004 issued by the Government is illegal, arbitrary and contrary to the provisions of the Education Act. A further relief has been sought for to declare the action of the respondents 2 to 4 in not taking consequential steps pursuant to the G.O.Rt.No.642, Education, dated 17-07-2004 issued by the first respondent as illegal and arbitrary. 2. Rule nisi came to be issued on 17-09-2006. An interim direction has been issued to the respondents to take steps to fill up the vacancies for which permission has been granted on 22-03- 2007 vide W.P.M.P.No.30880 of 2005. 3. Heard the counsel for parties. 4. Both the counsel submit that the issue involved in this Writ Petition is squarely covered by the Division Bench judgment of this court in Writ Appeal No.1578 of 2005 and batch (The Government of A.P., rep. by its Secretary, School Education and others and Sri.Sevadas Vidyamandir High School dated 29-12-2006). Therefore, the Writ Petition deserves to be disposed of in accordance with the judgment passed therein. 5. Indisputably the permission to the petitioner to fill up the two vacancies came to be issued to the petitioner – school by the Government prior to the Memo No.12080/COSE/A2/ 2004-4, dated 20- 10-2004. 6. In that view of the matter, the Writ Petition is disposed of directing the respondent No.4 - District Educational Officer, Ongole to nominate his nominee to complete the selection process for filling up the two vacant P.E.T. Posts in the petitioner – school. No order as to costs. _____________________________ B. SESHASAYANA REDDY, J 12th June, 2009 PN HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.24028 of 2005 12th June, 2009