IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 8467 of 2003 Between: ..... PETITIONER AND .....RESPONDENT 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 Counsel for the Petitioner:MR.SRINIVAS POLAVARAPU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10001 of 2004 Between: Smt.N.Bhooma, w/o Sri Gopinath, Tagore's Home New Era Institute, Secondary School, Secunderabad. ..... PETITIONER AND 1 State of Andhra Pradesh, rep., by its Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 Commissioner and Director of School Education, Govt. of Andhra Pradesh, Hyderabad. 3 District Educational Officer, Hyderabad District, Hyderabad. 4 Deputy Educational Officer, Secunderabad Zone, Secunderabad. 5 Tagore's Home New Era Institute, Secondary School, Secunderabad, rep., by its Hon' Secretary & Correspondent. .....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 or order or direction, especially one in the nature of mandamus:(1) declare the action of the respondents 1 to 4 in not absorbing the petitioner into aided post of Tamil Pandit, Gr.II as illegal, arbitrary and offends Articles 14, 16 and 21 of the Constitution of India; (2) to direct the respondents to absorb the petitioner as Tamil Pandit, Gr.II from the date of availability of aided post of Tamil Pandit, Gr.II in the 5th respondent school and (3) to grant such other relief or reliefs Counsel for the Petitioner:MR.SRINIVAS POLAVARAPU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.No.8467 of 2003 & W.P.NO.10001 OF 2004 COMMON ORDER These two writ petitions are filed seeking a declaration that the action of the respondents 1 to 4 in not absorbing the petitioners into aided posts of SGBT as arbitrary, illegal and offending Articles 14, 16 and 21 of the Constitution of India. Heard the learned counsel for both parties. As could be seen from the material on record the petitioners were appointed in the 5th respondent-Management in the year 1971 and 1973 respectively. The petitioners claim that they possessed the requisite qualification for absorption into aided vacancies. It is also their case that two aided vacancies of SGBT are available in the 5th respondent- Management and proposals were also submitted for the absorption of the petitioners into the said aided posts. Alleging that the respondents 1 to 4 failed to consider the said proposals, these two writ petitions are filed. Though a counter-affidavit has been filed by the DEO, Hyderabad contending that the petitioners are not qualified to hold the posts and therefore they cannot be absorbed into aided post, the fact remains that as on today no orders as such have been passed on the proposals submitted by the 5th respondent-Management. Hence, I deem it appropriate to direct the respondents 1 to 4 to pass appropriate orders in accordance with law with regard to the proposals made by the Management. It is represented by the learned counsel for the petitioners that during the pendency of these writ petitions, the first petitioner in W.P.No.8467 of 2003 has retired from service on attaining the age of superannuation and therefore the writ petition is not pressed so far as the said petitioner is concerned. In the circumstances without going into the merits of the case, I deem it appropriate to dispose of the writ petitions with a direction to the respondents 1 to 4 to consider the request of the petitioners as per the proposals submitted by the 5th respondent-Management for absorption into aided posts and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of eight(8) weeks from the date of receipt of this order. No costs. --------------- G.ROHINI,J 6th APRIL, 2009 *TSNR