IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 20188 of 2004 Between: Douglous Memorial residential Alded Upper Primary School, Giddalur, Prakasam District. rep. by its Correspondent G. Asheervadam, ..... PETITIONER AND 1 The State of A.P., rep. by its Secretary, Education Department, Govt of A.P., Secretyariat, Hyd. 2 The State of A.P., rep. by its Secretary, Finance & Planning Secretariat, Hyd. 3 The Commissioner & Director of School Education, Saifabad, Hyderabad. 4 The District Educational Officer, Prakasam District, Ongole. .....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 an appropriate Writ or order or direction more particularly in the nature of writ of mandamus declaring the rejection order of the Government as being arbitrary, illegal, unconstitutional and issue consequential direction to the respondents directing to admit the other unaided posts i.e., 2 B.Ed.Assts., 1 Hindi Pandit Gr.II,1 Telugu Pandit Gr.II, into Grant-in-Aid. Counsel for the Petitioner:SRI.G.ELISHA Counsel for the Respondents: GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.20188 of 2004 ORDER: The petitioner seeks to issue a writ of Mandamus directing the respondents to admit the unaided posts i.e., two B.Ed. Assistants, one Hindi Pandit Grade-II, one Telugu Pandit Grade-II into Grant-in-aid. 2. A counter has been filed stating that the request of the petitioner for admitting the said posts into Grant-in-aid was taken up for consideration and the Government directed D.S.E. to place the proposals before the High Level Committee for re-examination as per the existing guidelines and the Rules and to submit necessary proposals to the Government with the recommendations of the High Level Committee. Accordingly, the DEO, Prakasam, was requested to furnish the latest information in respect of the petitioner School, along with several other schools. Thereafter, the High Level Committee meeting was held on 13.04.2006. After receiving the notice by the petitioner to attend the hearing before the High Level Committee, the petitioner attended the hearing and submitted that there are only 222 students in Primary School and 117 students in Upper Primary School and there are two posts in Primary Section under Grant-in-aid and no post is admitted in Upper Primary Section so far. It is stated that the petitioner requested for three S.G.T posts for Primary Section, 3 B.Ed. Assistants, one Language Pandits each for Hindi and Telugu for Upper Primary Section. It is stated that the said request of the petitioner was considered by the High Level Committee, keeping in view of the average attendance of the school and the recommendations of the District Level Committee and, accordingly, the High Level Committee, by its letter in RC.No.1023/B1-3/2005, dated 13.04.2006, recommended that the petitioner School is eligible for five S.G.T posts, and as already two S.G.T posts are admitted to Grant-in-aid, remaining 3 un-aided S.G.T posts are eligible for admission to Grant-in-aid. Further, it is stated that, subsequently, three surplus aided posts from other schools have been transferred to the petitioner School. 3. In view of the above, it is clear that as per the eligibility of the petitioner School, five persons are already working in five Grant-in-aid posts of S.G.T. However, if the petitioner is not satisfied with the decision taken by the respondents, it is open for it to make a fresh representation keeping in view the present strength of the School. 4. Accordingly, the writ petition is disposed of. No order as to costs. __________________ Justice V.Eswaraiah 22.07.2008 v v