IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD MONDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19081 OF 2011 BETWEEN: Smt.Y.V.V. Varalaxmi W/o. Satyanarayana Murthy And others …. Petitioner AND A.P.R.E.I. Society (Reg.), Rep. by its Secretary, Hyderabad and others. …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19081 OF 2011 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the notification issued by the 2nd respondent vide proceedings RC.No.2260/B1/KGBV/2011, dated 03-07-2011, in so far as notifying the posts in which the petitioners are already working, as illegal and arbitrary and consequently direct the respondents to continue the petitioners as usual. 2. The averments, in brief, stated in the affidavit filed in support of the Writ Petition may be stated as follows. The petitioners are working as Contract Resident Teachers in Kasturba Gandhi Balika Vidyalaya (KGBV) in different areas, since August 2005. Initially, the petitioners were appointed as part time teachers, thereafter they were converted as “Contract Resident Teachers” and they have also undergone the training programme conducted by the 2nd respondent. The 1st respondent – APREI Society issued certain guidelines for renewal of services of teachers for the academic year 2011-2012. Accordingly, the petitioners submitted their representations along with the satisfaction reports relating to teaching from the respective schools, for renewal of their services for the academic year 2011-2012. While so, the 2nd respondent issued the impugned notification on 03-07-2011 inviting applications from the eligible candidates to fill-up the vacancies of “Contract Resident Teachers” including the posts of the petitioners. When the petitioners approached the 2nd respondent, they were directed to apply along with others. But, the petitioners cannot apply as per notification, because some of the petitioners crossed the age limit stipulated in the notification. As per G.O.Ms. No.59, School Education (SSA) Department, dated 22-08-2007, the contract services would be terminated every year on the last working day of the School and a fresh contract would be entered into in the next academic year on the re-opening of the School, basing on the assessment of performance of the teacher/employee. The action of the 2nd respondent in issuing the impugned notification by including the posts of the petitioners, instead of renewing their services is contrary to the G.O. and the guidelines issued by the 1st respondent. Hence, this writ petition. 3. Learned counsel for the petitioners contended that without there being any blemish in the respective Schools, the petitioners have been working since 2005, that on 10-07-2009 the posts of the petitioners have been converted as Contract Resident Teachers and that the concerned Principals have issued performance certificates also with regard to their performance in the Schools. 4. On the ground that the petitioners are working as Contract Resident Teachers, they cannot challenge the Notification. It is for the appointing authority to take a decision for notifying the posts. In the absence of any illegality, the same cannot be challenged. However, in view of the fact that the petitioners have already applied for the posts, they have to be considered in accordance with the rules and regulations governing the service conditions and also the conditions laid down in the notification, dated 03-07-2011. 5. Hence, the Writ Petition is disposed of directing the 2nd respondent – The District Collector/Chairman, Rajiv Vidya Mission, Khammam, to continue the petitioners in the posts till regular selection is finalized and it is also made clear that the respondents shall consider the applications of the petitioners for appointment in accordance with the rules and regulations. There shall be no order as to costs. ____________ K.C. BHANU, J July 11, 2011. Note: Issue CC by tomorrow. B/O. KTL