IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 23093 of 2005 Between: 1. S.P.R. Memorial Committee Aided Elementary School, Papireddipalli of Nandanavanam, Rep by its Secretary & Correspondent V. Adinarayanamma, W/o. Venkateswarlu, aged 36 yeas, R/o. Papireddipalli of Nandanavanam, Hanumanthunipadu Mandal, Prakasam District. 2.Ch. Adinarayana Reddy, S/o. Onarayana Reddy, in the 1st petitioner School, R/o. Papireddipalli of Nandanavanam, Hanumanthunipadu Mandal, Prakasam District. ..... PETITIONER(S) AND 1 State of Andhra Pradesh, School Education Department, Rep by its Prl. Secretary to Government, Secretariat, Hyderabad. 2 Commissioner & Director of School Education, Andhra Pradesh, Saifabad, Hyderabad. 3 District Educational Officer, Prakasam District, Ongole. .....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 issue a Writ of Mandamas or any other appropriate Writ Order or direction (1) declaring the action of the respondents in not permitting the 1st petitiner institution to absorb the 2nd petitioner into aided post w.e.f. 1-7-2004 as illegal and arbitrary and (2) to hold that Memo No. 12080/COSE/2004, dated 20-10-2004 issued by the 1st respondent as illegal and arbitrary and not applicable to the case of absorption from unaided post to aided post as the post admitted into grant-in-aid was prior to issuance of the saif Memo and consequently direct the respondents to issue suitable instructions to respondents 2 and 3 to absorb the 2nd petitioner into vacant aided post which fell vacant on 30-6-2004 will all consequential benefits and pass such other or further orders as are deemed fill and proper in the interest of justice Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondent Nos.1 to 3: GP FOR EDUCATION The Court made the following : ORDER: Learned counsel on either side fairly conceded that the issue involved in this writ petition is squarely covered by a Judgment rendered by a Division Bench of this Court in WA.No.1578 of 2006 and batch dated 29.12.2006 whereunder it was held that the ban imposed for absorption of teachers in aided posts has no application to the cases which were already recommended prior to the date of imposition of the ban. Therefore, this writ petition is also liable to be allowed. Accordingly, the writ petition is allowed in terms of the above judgment and the respondents are directed to consider the case of the petitioner for absorption against aided vacancy treating that there was no ban imposed when the proposals sent by the Management were forwarded by the Mandal Education Officer to the District Educational Officer, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No costs. ________ 11-03-2008 rkk .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, School Education Department, Rep by its Prl. Secretary to Government, Secretariat, Hyderabad. 2 Commissioner & Director of School Education, Andhra Pradesh, Saifabad, Hyderabad. 3 District Educational Officer, Prakasam District, Ongole. 4. 2CD copies