IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD HON’BLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.3264 of 2005 Dated: February 08, 2007 Between: V. Venkateshwar, S/o. late V.V.R. Seshagiri Rao, Aged about 43 years, working as Junior Assistant At Sri Santosh Vidyaniketan High School, Bhongir, Nalgonda District. … Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary (SE) Department, Secretariat Buildings, Hyderabad, and others. … Respondents Order: Petitioner, a Junior Assistant in the ﬁfth respondent- school, ﬁled this Writ Petition seeking Mandamus to declare Memo No.20696/Ps-1/2004-1 School Education (PS) Department dated 10-01-2005, issued by the ﬁrst respondent – Government as illegal and arbitrary and a consequential direction to the respondents to absorb him into grant-in-aid post in the fifth respondent-school. 2. Petitioner claims to have been appointed as Junior Assistant, in an unaided vacancy, in the ﬁfth respondent- school on 15-06-1987. On the proposals submitted by the management for admitting the said post into grant-in-aid, Government has issued the impugned memo dated 10-01-2005, rejecting the same on the ground that the petitioner was appointed in unaided vacancy without prior permission from the competent authority. When the management has questioned the memo rejecting the proposal, by W.P.No.3331 of 2005, this court by order dated 08-02-2007, allowed the same and remitted the matter for fresh consideration and disposal, by placing the proposals before the High Level Committee constituted for the purpose of admission of posts into grant-in-aid in private schools. 3. The management has already ﬁled a Writ Petition challenging rejection of the said post into grant-in-aid. Merely because the petitioner was appointed in an unaided vacancy, he cannot question the orders rejecting to admit the said post into grant-in-aid. However, as it is stated that the petitioner ﬁled an appeal under Section 89 of the A.P. Education Act, 1982 (for short ‘the Act’) against the proceedings of the third respondent dated 12-10-2004, before the second respondent and the same is pending consideration, I dispose of the Writ Petition directing the second respondent to consider the said appeal and pass appropriate orders on merits, uninﬂuenced by any of the observations made by the Government in Memo No.20696/Ps-1/2004-1 dated 10-01-2005. __________________________ JUSTICE R. SUBHASH REDDY. February 08, 2007 MRR