IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 14588 of 2005 Between: St. Mary Fathima Primary & High School Byrmal Street, Nandyal, Kurnool District. ..... PETITIONER AND 1. The Government of A.P. Rep by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2. The Commissioner & Director of School Education, Saifabad, Hyderabad. 3. The Regional Joint Collector of School Education, Cuddapah, Cuddapah District. 4. The District Educational Officer, Kurnool 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 may be pleased to issue writ or order more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not taking follow-up action for issuance of appointment orders to the selected candidates in the petitioner's School selection as per selection made by the duly constituted staff selection committee to the 4 aided teaching posts as illegal, arbitrary and unjust and consequently direct the respondents 3 and 4 to pass appropriate orders on the recommendation made by the selection committee on 22-8-2004 and 19-9-2004 for approval of selected candidates i.e. 3 Secondary Grade Teachers and Telugu Pandit Gr.II in petitioner's school forthwith. Counsel for the Petitioner: MR.K.V.N.BHUPAL Counsel for the Respondents: GP FOR EDUCATION The Court at the admission stage made the following: ORDER: This writ petition is filed by the petitioner-Educational Institution aggrieved by the inaction of the fourth respondent in approving the selected candidates to fill up four posts, two in Primary Section and two in High School Section. According to the petitioner-Educational Institution, four vacancies had arisen due to retirements in the year 2004 and therefore, it made applications to the District Educational Officer, Kurnool District, the fourth respondent herein, seeking permission for filling up those vacancies. The fourth respondent accordingly issued proceedings dated 18.07.2004 and 26.07.2004 for filling up the said four vacancies, pursuant to which, a Selection Committee was constituted together with the nominees of the fourth respondent and selected the candidates. Thereafter, the nominees of the fourth respondent in fact forwarded the proceedings of selection for approval. It is stated that thereafter the fourth respondent did not take any steps to pass orders either approving or disapproving. The matter is still pending and as the petitioner-Educational Institution and the students are suffering due to lack of teachers, it has come up with the present writ petition. At the time of hearing, it is represented by the learned counsel for the petitioner-Educational Institution that in similar matters, this Court has directed the Government to pass orders approving the selections already made as the ban was imposed subsequently. The learned Government Pleader for Education appearing for the respondents, however, contended that as the proceedings are still pending before the fourth respondent, he may be directed to pass appropriate orders. Heard both sides and considered the material on record. Admittedly, four posts of teachers fell vacant prior to July, 2004 and the petitioner-Educational Institution sent proposals to the fourth respondent seeking permission for filling up those vacancies. The fourth respondent in turn passed orders on 18.07.2004 and 26.7.2004 granting permission to fill four posts, two posts in Primary Section and two posts in High School Section. The fourth respondent has also sent his nominees for the selection. Accordingly, the Selection Committee was constituted and in fact the nominees of the fourth respondent by proceedings dated 22.08.2004 and 19.09.2004 communicated the selection to the fourth respondent. But, the fourth respondent has not passed any orders. Hence, the petitioner has come up with the present writ petition. The only objection sought to be raised for approval by the respondents is the ban imposed by the Government on 20.10.2004. But, this Court has already decided that issue holding that where the permissions were granted for filling up the vacancies prior to 20.10.2004, the ban has no application and the Managements are entitled to fill up the vacancies and the respondents are obligated to approve the selection in accordance with the Rules. Under the above circumstances, the writ petition is disposed of directing the fourth respondent to pass orders approving appointments already made in accordance with law without reference to the ban imposed by the Government on 20.10.2004. The said exercise is directed to be completed within a period of six weeks and communicate the same to the petitioner-Educational Institution. The writ petition is accordingly disposed of. No costs. ________________ 07.07.2005 Note: Issue CC in three days. (b/o) VGB To 1. The Principal Secretary, Government of A.P., School Education Department, Secretariat, Hyderabad. 2. The Commissioner & Director of School Education, Saifabad, Hyderabad. 3. The Regional Joint Collector of School Education, Cuddapah, Cuddapah District. 4. The District Educational Officer, Kurnool District. 5. 2CCs to the Government Pleader for School Education, High Court Buildings, Hyderabad. (OUT)