IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3747 of 2005 Between: S.V.V. High School, Tadikonda, rep by President & Correspondent, Guntur district ..... PETITIONER AND 1 State of A.P., rep by Secretary to Government Education Department, Secretariat, Saifabad, Hyderabad 2 The Commissioner & Director of School Education, A.P., Hyderabad 3 the Regional Joint Director School Education, Guntur 4 The District Educational Officer, Guntur 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 an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring is illegal, arbitrary the action of the Respondents in not allowing the petitioner to fill-up the vacant posts of SGBT and one Grade II Telugu Pandits in terms of permission granted by the 3rd Respondent in F.W.L.Dis. No. 3659/B1/2003 dt 21-11-2003 and issues a Consequential direction directing the Respondents to allow the posts. Counsel for the Petitioner: MR.A.VENKATARAMANA Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court at the admission stage made the following : THE HON’BLE MS.JUSTICE G.ROHINI WRIT PETITION NO.3747 OF 2005 O R D E R: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to fill-up the vacant aided posts of four S.G.B.T. and one Grade-II Telugu Pandit in terms of permission granted by the 3rd respondent - The Regional Joint Director of School Education, Guntur, dated 21-11- 2003 as arbitrary and illegal. It is stated that the aided posts of four S.G.B.T. and one Grade-II Telugu Pandit fell vacant in the petitioner School and for filling up the said posts, the petitioner has already taken all the necessary steps and the Competent Authority has also accorded the necessary permission vide proceedings dated 21-11-2003 in pursuance of which the petitioner published notification inviting applications from eligible candidates and address a letter to 4th respondent to nominate the Departmental Nominee to be a member in the Selection Committee as required under the Statutory Rules. However, the 4th respondent did not consider the same in view of the General Ban on Recruitment imposed by the Government under the Memo dated 20-10-2004. The contention of the petitioner is that the General Ban under Memo dated 20-10- 2004 cannot be made applicable to the case on hand since the Competent Authority has accorded necessary permission to fill up the posts much prior to the ban imposed under the Memo dated 20-10-2004. In support of the said contention, the learned Counsel for the petitioner has relied upon a decision of this Court in W.P.No.22188 of 2004, wherein this Court has dealt with an identical issue. This Court, having considered the scope of Memo dated 20-10-2004, held that in the Memo dated 20-10-2004 though it is stated that no new posts of grant-in-aid would be created and the existing vacancies will also not be filled up, in the very same Memo it is stated that the general ban is not applicable for the posts for which permission was specifically granted by the Government and accordingly permitted the petitioner therein to proceed with the selection process notwithstanding the ban imposed under the Memo dated 20-10-2004. The learned Counsel for the petitioner submits that the ratio laid down in the said decision squarely applies to the case on hand and therefore the petitioner may be permitted to fill up the vacancies in question notwithstanding the ban imposed under Government Memo dated 20-10-2004. The learned Government Pleader for School Education appearing for the respondents does not dispute the same. Accordingly, the Writ Petition is disposed of with a direction to the respondents to consider the request of the petitioner for filling up the vacancies in question in accordance with law notwithstanding the ban imposed under Government Memo dated 20-10-2004. No costs. _____________ (G. ROHINI, J) Date: 31-03-2005 Note:CC in one week. B/o ghn To 1 The Secretary to Government Education Department, State of A.P., Secretariat, Saifabad, Hyderabad 2 The Commissioner & Director of School Education, A.P., Hyderabad 3 the Regional Joint Director School Education, Guntur 4 The District Educational Officer, Guntur District 5 Two CCs to the Government Pleader for School Education, High Court of A.P., Hyderabad. (O.U.T.) 6 Two CD copies.