(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION NO: 4605 OF 2021

Between:

• 1. Andhra Evangelical Litheran Church, Guntur rep. by its manager, most, rev. Dr. K.F.Paradesi babu, AELC, Educational Institutions, Guntur.
• 2. Lutheran Aided High School, Rep. by its Correspondent Rajamahendravaram, East Godavari District.
• 3. Schade Aided Girls High School Girls, Rep. by its Correspondent Rajamahendravaram, East Godavari District.
• 4. Lutheran Aided High School, Rep. by its Correspondent Peddapuram, East Godavari District.
• 5. Lutheran Aided High School, Rep. by its Correspondent Alcott's Garden, Rajamahendravaram, East Godavari District.
• 6. Lutheran Aided High School, Rep. by its Correspondent Dowleswaram, East Godavari District.
• 7. Wittekar Aided Girls High School, Rep. by its Correspondent Samalkot, East Godavari District.
• 8. Lutheran Aided High School, Rep. by its Correspondent Sakhinetipalli, East Godavari bistrict.
• 9. Lutheran Aided Elementary School, Rep. by its Correspondent Jampet, Rajamahendravaram, East Godavari District.
• Rep. by its Correspondent Raj 10. Schade Aided Elementary School, amahendravaram, East Godavari District.
• 11. Lutheran Aided Elementary School, Rep. by its Correspondent Dowleswaram, East Godavari District.
• 12. Whatteker Aided Elementary School, Rep. by its Correspondent Samrlakota, East Godavari District

Petitioners

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh.
• 2. The Director and Commissioner of School Education, Government of A.P., Ibrahimpatnam, Vijayawada, Krishna District.
• 3. The Regional Joint Director of School Education, Rajamahendravaram, East Godavari District.
• 4. The District Educational Officer, Rajamahendravaram, East Godavari District.

Respondents

WHEREAS the Petitioner above named through their Advocate SRI K RAMAMOHAN presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents in not according the permission to fill up the aided posts as per the proposals submitted by the 1St Petitioner's Management in respect of the schools as per the Judgment of the Hon'ble Court in W.P.No.9053 of 2005, dated 30.07.2013 and Division Bench Judgment in W.P.No.28912 and batch, dated 16.04.2019 reported in 2019 (5) ALD 72 as illegal, improper, unjust, arbitrary, contrary to law and violative of Article 41 of the Constitution of India and further direct the Respondents 1 to 4 to accord permission to the Petitioner Institutions to fill up the aided vacancies as per the proposals submitted by the Petitioners dated 29.07.2020 submitted before the 3^rd and 4^th Respondents forthwith

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri K RAMAMOHAN Advocate for the Petitioner, and of GP FOR EDUCATION for respondents directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh.
• 2. The Director and Commissioner of School Education, Government of A.P., Ibrahimpatnam, Vijayawada, Krishna District.
• 3. The Regional Joint Director of School Education, Rajamahendravaram, East Godavari District.
• 4. The District Educational Officer, Rajamahendravaram, East Godavari District.

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted,

The Court made the following: ORDER:

"Notice before admission.

Learned Government Pleader for Education takes notice on behalf of respondents and seeks time to file counter-affidavit.

Print the name of GP for Education for respondents and post after four weeks".

IITRUE COPYII

SDI-T.MADHAVI ASSISTANT REGISTRAR For ASSISTANT REGISTRAR

To,

• 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh.
• 2. The Director and Commissioner of School Education, Government of A.P., Ibrahimpatnam, Vijayawada, Krishna District.
• 3. The Regional Joint Director of School Education, Rajamahendravaram, East Godavari District.
• 4. The District Educational Officer, Rajamahendravaram, East Godavari District. (Addresses 1 to 4 by RPAD- along with a copy of petition and memorandum of grounds)
• 5. One CC to SRI. K RAMAMOHAN Advocate [OPUC]
• 6. Two CCs to GP FOR EDUCATION, High Court of AP [OUT]
• 7. One CC to Section Officer, Posting Section
• 8. One spare copy

KVLJ

DATED:26/02/2021

NOTICE BEFORE ADMISSION

WP.No.4605 of 2021