IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8405 of 2004 Between: Lal Bahadur English Medium High School, Rep. by its Correspondent K. Susan Savery, W/o M. Abdul Haq, R/o Gootty Road, Ananthapur, Ananthapur District. ..... PETITIONER AND 1 The Principal Secretary to Government, School Education Department, Saifabad, Hyderabad. 2 The Commissioner and Director of School Education, Hyderabad. 3 The District Educational Officer, Ananthapur, Ananthapur District. .....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 writ of mandamus or any other appropriate writ or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents in not admitting the non teaching posts of the petitioner school into the grant in Aid w.e.f. 1-11-94 on par with Sri Vivekananda Gurukula Vidyalayam High School Mahanandi Kurnool ( District) basing on G.O.Ms.No. 102, Edn. (SE)-PS-2) Department dt. 2-9-2000 as illegal arbitrary discriminatory and violation of natural justice Under Article 19,21, constitution and contrary to Act 22/88 and consequently issue fresh amended retrospective orders in G.O.Ms.No. 123 Edn (PS-2) dt. 9-10-2003 as it is against the High Level Committee recommendation Lr. Rc.No. 1452/D2-1/94, dt. 28-10-1994 _ Counsel for the Petitioner:MR.K.V.N.BHUPAL Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following: Form-NIC-OGS/WP{SJ} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8405 of 2004 O R D E R: Heard both sides. It is the case of the petitioner that the petitioner school was established in the year1978 as an Upper Primary School, subsequently upgraded as High School in the year 1980-81 as per the eligibility of the petitioner school and admitted into Grant-in-Aid with effect from 01.04.1992 onwards for only to teaching posts. It is stated that non- teaching staff were also appointed in the petitioner school along with teaching staff as per the orders of the Government issued in G.O.Ms.No.524, dated 28.10.1988 and approved by the competent authority, but they were deprived of their right to admission into Grant-in- Aid. It is stated that the petitioner school submitted proposals to the 3rd respondent-District Educational Officer, Ananthapur for consideration of admission of the posts both teaching and non-teaching into Grant-in-Aid in the year 1994 and the said proposals were forwarded to the 2nd respondent-the Commissioner and Director of School Education, Hyderabad, who has placed the same before the High Level Committee and the High Level Committee vide Rc.No.1452/D2-1/94, dated 28.10.1994, and recommended the proposals of the petitioner school for admission into Grant-in-Aid for all posts of non-teaching on par with the other schools. But the 1st respondent-Government excluded the school of the petitioner while admitting Grant-in-Aid in respect of other schools. Aggrieved by the said action of the Government, the petitioner filed W.P.No.22365/2002 and the same was disposed of by this Court on 08.11.2002 with a direction to the Government to consider the case of the petitioner in view of the recommendations made by the High Level Committee for admission of the non-teaching staff into Grant-in-Aid. As the Government failed to comply with the directions of this Court, the petitioner filed Contempt Case No.872/2003, and therefore, the 1st respondent hurriedly issued order in G.O.Ms.No.123, dated 09.10.2003 admitting one post of Junior Assistant, two posts of Record Assistants and one post of Attender into Grant-in-Aid with effect from the date of the said G.O.only, but not from the date of recommendations of the High Level Committee as was done in other similarly situated schools. Therefore, the petitioner questions the said order of the Government issued in G.O.Ms.No.123, dated 09.10.2003, on the ground that the similarly situated school of Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool was considered admitting non-teaching staff into Grant-in-Aid w.e.f.1.11.1994 vide G.O.Ms.No.102, Education (SE/PS-2) Department, dated 02.09.2000. A perusal of the G.O.Ms.No.102 Education (SE/PS-2) Department dated 02.09.2000 goes to show that on similar direction to consider the case for admitting into Grant-in-Aid was considered w.e.f.01.11.1994. It is stated that in respect of several other cases also the Grant-in-Aid was considered from the date of acceptance of the recommendations by the High Level Committee, but in the instance case, it is stated that four other non-teaching posts were admitted into Grant-in-Aid vide G.O.Ms.No.123, Education (PS-2) Department, dated 09.10.2003 with effect from 09.10.2003 only. In so far as the case of Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool is concerned, the Government vide G.O.Ms.No.102 Education (SE/PS-2) Department dated 02.09.2000 admitted the non-teaching posts into Grant-in-Aid w.e.f.01.11.1994. The learned Government Pleader made an attempt to say that the said school and the petitioner schools are quite different schools under two different managements and are located in two different districts and hence the application of the same yardstick pertaining to Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool district to the petitioner school is out of context and non feasible of compliance. Having regard to the facts and circumstances of the case, I am of the opinion that there cannot be any justification in the action of the Government in admitting non-teaching staff into Grant-in-Aid in respect of similarly situated school viz. Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool district w.e.f.01.11.1994 while denying the same benefit to the petitioner. Therefore, I am of the opinion that the petitioner school is also entitled for the similar relief i.e. admission of non-teaching staff into Grant-in-Aid w.e.f.01.11.1994 on par with the similarly situated schools as was granted in G.O.Ms.No.102 Education (SE/PS-2) Department dated 02.09.2000 Having regard to the facts of the case, the Writ Petition is allowed, directing the 1st respondent-Government to consider the case of the petitioner for admitting four non-teaching staff of the petitioner school w.e.f.01.11.1994 on par with Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool district, as was done in G.O.Ms.No.102, dated 02.09.2000, by revising the orders of the Government issued in G.O.Ms.No.123, dated 09.10.2003, and pass such orders within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 22.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, School Education Department, Saifabad, Hyderabad. 2 The Commissioner and Director of School Education, Hyderabad. 3 The District Educational Officer, Ananthapur, Ananthapur District. 4.2CCs to 5.2CD copies