HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.5038 of 2010 Date: April 12, 2010 Between: V.C.A. High School, Venkatreddypalli Village, H.M.Padu Mandal, Prakasam District, represented by its Correspondent K. Tirupathi Reddy, S/o.Venkata Reddy, Aged about 79 years … Petitioner And The Government of Andhra Pradesh, Represented by its Principal Secretary, School Education Department, Secretariat Buildings, Hyderabad, and 2 others … Respondents Order: The petitioner, a school, seeks a Writ of Mandamus declaring the action of the first respondent in not disposing of its representation dated 04-02-2010 as illegal and arbitrary and a consequential direction to grant permission to it for absorption of five teaching staff appointed by it, into grant-in-aid. In the affidavit filed in support of the writ petition, it is stated that the petitioner-school was established in the year 1971 and certain posts were admitted to grant-in-aid as per G.O.Ms.No.214 Education (P-I) Department, dated 29-12-1978. On the ground that the posts which were earlier admitted to grant-in-aid had fallen vacant, the petitioner filed representation dated 04-02-2010 to the respondents to absorb teachers appointed in un- aided posts to that of aided posts. On the ground that the said representation is not disposed of, the present writ petition is filed. A detailed counter affidavit is filed on behalf of the respondents. In the counter affidavit, it is stated that steps are being taken to strengthen the institutions managed by local bodies. It is stated that as per the rules framed in G.O.Ms.No.1, Education, dated 01-01-1994, which are titled as Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration And Control of Schools Under Private Managements) – Rules, 1993 there is a procedure for appointment of staff in aided posts. A reference is made to Sub-Rules (4) (5) and (6) of Rule 12 of the said Rules. As per Rule 12(4), all educational institutions receiving grant-in-aid from the Government shall notify vacancies to the employment exchange, in addition to advertisements in newspapers. So far as aided schools are concerned, they shall also be required to have nominee of the District Educational Officer not below the rank of Deputy Educational Officer in the Staff Selection Committee, before selecting candidates. Further Sub-Rule (6) states that selection of the posts in all private educational institutions shall conform to the annual communal rotation roster. When a separate procedure is formulated for filling up vacancies which are admitted to grant-in-aid, the petitioner cannot simply seek absorption of candidates appointed in un-aided vacancies into aided vacancies. If any such absorption is permitted, the same will be in violation of Sub-Rules (4) (5) and (6) of the said Rules. Hence, I do not find any merit in this writ petition for grant of directions as prayed for. The writ petition is accordingly dismissed. No costs. However, it is made clear that if the petitioner is desirous of filling up vacancies by following the provisions under Rule 12 of the said Rules, it would be open to it to address the competent authorities and obtain permission for filling up such vacancies, by following the due procedure. ______________________ (R. SUBHASH REDDY, J) April 12, 2010 MRR