IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3325 of 2006 Between: Smt.Meera Penurkar, w/o P.Krishna Kumar, r/o 1-9-670/41(SRT), APHB Colony, IInd Floor, Vidya Nagar, Hyderabad-500 044. ..... PETITIONER AND 1 The District Educational Officer, Hyderabad District, Hyderabad. 2 The Regional Joint Director of School Education, Government of A.P., Hyderabad. 3 The Vivek Vardhini Educational Society, Jambagh, Hyderabad, represented by its Secretary. 4 Smt.Sudha Joshi, Vivek Vardhini Upper Primary School (English Medium), Jambagh, Hyderabad. 5 Smt.Suchitra Apsingakar, Vivek Vardhini Upper Primary School (English Medium), Jambagh, Hyderabad. .....RESPONDENT(S) 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 pass an order or direction more particularly in the nature of writ of mandamus directing the respondent to produce the records pertaining to RC No.15478/DV/B4/2005 dt.11-01-2005 and set aside the same being illegal and arbitrary and consequently direct the 1st to 3rd respondents to absorb the petitioner in the grant-in-aid vacancy with all consequential and incidental benefits and to pass suchother or further orders as it deems just and proper in the circumstances of the above case. Counsel for the Petitioner:MR.P.BHASKAR Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3325 of 2006 ORDER: The petitioner is employed as a Teacher against an un-aided vacancy in Vivek Vardhini Upper Primary School, established by the 3rd respondent. The Institution is admitted to grant in aid. Three vacancies of teachers admitted to grant in aid have arisen, on account of the retirement of the incumbents. The 3rd respondent submitted proposals for appointment of un-aided teachers against the aided vacancies. Through proceedings, dated 11.01.2005, the 1st respondent had approved the absorption of respondents 4 and 5 and another teacher, by name Mangala Kulkarni, against the three vacancies. The petitioner states that she is senior to respondents 4 and 5 and she ought to have been absorbed against one of the vacancies, in preference to them. She, accordingly, assails the proceedings, dated 11.01.2005. Heard the learned counsel for the petitioner, learned Government Pleader for School Education and Sri M.Ratna Reddy, learned counsel for the 4th respondent. During the course of arguments, it is brought to the notice of this Court that the 4th respondent has since retired from service and is receiving pension. The petitioner states that her date of appointment is 13.07.1982, whereas that of respondents 4 and 5 is 30.07.1984 and 06.10.1987 respectively. This Court would have examined the contention of the petitioner, but for the fact that she had an effective alternative remedy of appeal before the 2nd respondent. If an appeal is preferred by the petitioner, the 2nd respondent would be in a position to call for the record, examine the same, and grant necessary relief, depending on the findings. This Court cannot sit as an appellate authority, in the matters of this nature, except where the question of jurisdiction arises. The writ petition is, accordingly, disposed of, leaving it open to the petitioner to work out her remedies, by preferring an appeal before the 2nd respondent. It is directed that in case, the petitioner files an appeal within four (4) weeks from today, it shall be entertained as having been filed within the period of limitation. The 2nd respondent shall endeavour to dispose of the appeal, within four (4) weeks from the date of presentation, after issuing notice to the affected parties. There shall be no order as to costs. _________ 25.06.2008 Note: Issue C.C. in three days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3325 of 2006 Date: 25.06.2008 JSU