IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE (SPECIAL ORIGINAL JURISDICTION)

7

WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO

WRIT PETITION NO: 15015 OF 2021

• 1. The Diocese of Vijayawada, Krishna District, rep by Secretary/Deputy General Manager Fr. Gujjula Micheal.
• 2. RCM P.S.Perikegudern, Mandavalli Krishna District, Fr.G. Micheal.
• 3. RCM P.S.Unguturu, Ungutur, Krishna District, Rep by Fr. B. Vijaya Raju.
• 4. RCM P.S.Kapileswrapuram, Pamidimukkala, Krishna District, Rep by .Fr.Joseph Thambi.
• 5. RCM P.S.Maddulagudem, Thotlavallur, Krishna District, rep by Fr. Joseph Thambi.
• 6. RCM P.S.Jardhanapuram, Nandivada, Krishna District, rep by Fr.G.Michael.
• 7. RCM P.S.Polimetla, Gudlavalleru, Krishna District, rep by Fr. G. Michael.
• 8. RCM P.S Teluguraopalem, Ghantasala, Krishna District, rep by Fr. G. Michael.
• 9. RCM P.S.Kurumaddali, Pamarru, Krishna District, rep by Fr. G. Michael.
• 10. RCM P.S.Hussainpalem, Machilipatnam Krishna District, rep by. Fr. G. Michael
• 11. RCM P.S Kakulapadu, Bapulapadu, Krishna District, rep by Fr. P. Joachim.
• 12. RCM P.S Kothapudi, Machilipatnam, Krishna District, rep by Fr.G. Michael.
• 13. RCM.P.S.Makkapeta, Vatasavai, Krishna District, rep by Fr.Prashanth.
• 14. RCM P.S.Mallavalli, Bapulapadu, Krishna District, rep by Fr. G. Michael
• 15. RCM P.S Chinnapandraka, Kruthivennu, Krishna District, rep by Fr.B. Francis.
• 16. RCM P.S.Prodduturu, Kankipadu, Krishna District, rep by Fr.N. David Raju.
• 17. RCM P.S. Venkatapuram, Musunuru, Krishna District, rep by Fr. Basil.
• 18. RCM P.S. Tippapalern, Avanigadda, Krishna District, rep by Fr.G. Michael
• 19. RCM P.S.Yanamalakuduru, Penamaluru, Krishna District, rep by. Fr.P.J. Stephen.
• 20. RCM P.S.Bhyravapatnam, Madavalli, Krishna District, rep by Fr. G. Michael.
• 21. RCM P.S.Mungapadu, G. Koduru, Krishna District, rep by Fr.G. Michael.
• 22. RCM P.S Peddamalapalli, Peddaparapudi, Krishna District, rep by Fr. Kishore. 23. RCM P.S Gudipadu, Musunuru, Krishna District, rep by. Fr. Smon Varakut.
• 24. RCM P.S.Merakapalem, Nagayalanka, Krishna District, rep by Fr. G. Michael. 25. RCM P.S. Vellaturu, G. Kornduru, Krishna District, rep by Fr.G. Michael.

26. RCM P.S Komravolu, Pamarru, Krishna District, rep by Fr.G. Michael.

• 27. RCM P.S.Ramireddipalli, Nandigama, Krishna District, rep by.Fr Shekar Babu.
• 28. RCM P.S.Bommuluru, G. Bapulapadu, Krishna District, rep by Fr. P.Joachim.
• 29. RCM E.S Manikonda, Unguturu, Krishna District, rep by.Fr.G.Praveen.

30 RCM P.S.Chilukuru, Ibrahimpatnam, Krishna District, rep by.Fr. M.Solomon Raj. 31. RCM P.S.Chipurivaripalem, Visssannapeta, krishna District, rep by.Fr. G.Michael. 32. RCM P.S.Vallurupalern, Thotlavaluru, Krishna District, rep by.Fr. N. David Raju

33. RCM P.S. Akkireddiguem, Musunuru, Krishna District, rep by Fr. Simon Varakut.

34. RCM P.S.Rudrapaka, Nondivada, Krishna District, rep by.Fr. Anil Francis.

35. RCM P.S.Chandrupatla, Vissannapeta, krishna District, rep by Fr. MICHAEL. 36. RCM P.S.Billapadu, Gudivada, Krishna District, rep by. Fr.G.Michael.

36. RCM P. PS Munipeda, Kruthivennu, Krishna District, rep by Fr.B. Francis

37. RCM P.S.Ajjampudi, Gannavaram, Krishna District, rep by Fr.G.Michael 39. RCM P.S Rayannapadu, Vij. Rural, Krishna District, rep by Fr.G.Michael

38. RCM P.S.Gollagudem, Kankipadu, Krishna District, rep by Fr.N.David Raju

39. RCM P.S Ramanakkapeta, Musunuru District, rep by Fr.Simon Varakut

40. RCM P.S.Kanuru, Penamaluru, Krishna District, rep by Fr.G.Michael

41. RCM P.S.Edupugallu, Kankipadu, krishna District, rep by Fr.G.Praveen

42. RCM P.S.PBVK Palem, Chandarlapadu District, rep by Fr.G, Michael 45. RCM P.S Mungalapalli, Chandarlapadu, krishna District, rep by Fr.G.Michael

46.RCM P.S Godavarru, Kankipadu Krishna District, rep by Fr.N.David Raju

47. RCM P.S Kotapadu, , Chatrai, Krishna District, rep by FR. G. Michael 48. RCM P.S.Korukollu, Kalidindi, Krishna District, rep by Fr.Rakkini

48. RCM P.S. Vedurupavuluru, Gannavaram, Krishna District, rep by Fr.G.Michael 50. RCM P.S.Boravancha, Nuzvid, Krishna District, rep by Fr.P.Devadah

49. RCM P.S.Ganginenipalem, G.konduru, Krishna District, rep by Fr.G.Michael 52. RCM P.S Kesarapalli, Gannavaram, Krishna District, rep by Fr.P.K.Joseph 53. RCM P.S 9^th Ward, Vuyyuru, Vuyyuru, Krishna District, rep by Fr.Joseph Thambi 54. RCM P.S Nandaluru, Veerulapadu, Krishna District, rep by Fr. Sugunarao 55. RCM P.S 5^th Ward Gudivada, Gudivada, Krishna District, rep by Fr.G.Michael. 56. RCM P.S.Rayapalli, Iviachilipatnam, Krishna District, rep by Fr.G.Michael 57. RCM P.S.Nagayalanaka, Nagayalanka, Krishna District, rep by Fr.G.Michael 58. RCM P.S.Bommuluru, Bapulapadu, Krishna District, rep by Fr.P, Joachim

Petitioner

AND

• 1. The State of Andhra Pradesh, rep, by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Commissioner and Director of School Education, State of Andhra Pradesh, Velagapudi, Guntur District.
• 3. The Regional Joint Director of School Education, Kakinada, East Godavari District.
• 4. The District Education Officer, Vijayawada, Krishna District.

...Respondents

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 an appropriate Writ more in the Nature of Writ Of Mandamus declaring the provisions of G.O. Ms. No. 37 School Education (PS) Department dated 14/6/2021 and Memo. No. ESE02-17/544/2020-PSI-CSE, dated. 29.06.2021 which abridges the right of the Petitioner minority Educational Institutions in the matter of filling up of vacant posts as being arbitrary and illegal violating the Articles 14 and 30(1) of the Constitution of India and consequently direct the Respondents to permit the Petitioners to make appointments in terms of Rule 12 and 13 of G.O.Ms. No.1 dated 01/01/1994, and issue such other Writ or Order or Direction as deemed fit and proper in the circumstances of the case.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings pursuant to G.O.Ms.No.37 School Education (PS) Department, dated.14/6/2021 and Memo.No.ESE02-17/544/2020-PSI-CSE, dated. 29.06.2021 enabling the Petitioners to make appointments to the vacant posts in terms of Rule 12 and 13 of G.O. Ms. No.1, School Education, dated. 01/01/1994, pending disposal of WP 15015 of 2021, on the file of the High Court

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri CH Samson Babu, Advocate for the Petitioners GP for Education for the Respondents, the Court made the following; ORDER:

"Learned Government Pleader for Education seeks time for filing counter. Let the needful be done.

For filing counter and hearing, post the matter on 20.08.2021.

In the meanwhile, the respondent authorities shall not implement the impugned G.O.Ms.No.37, School Education (PS) Department, dated 14.06.2021, against the petitioners except collection of data/information from the petitioner's institutions." $\lambda$ $\lambda$

//TRUE COPY//

Sd/-P.Vinod Kumar ASSISTANT REGISTRAR SECTION OFFICER

To,

• 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District
• 2. The Commissioner and Director of School Education, State of Andhra Pradesh, Velagapudi, Guntur District.
• 3. The Regional Joint Director of School Education, Kakinada, East Godavari District.
• 4. The District Education Officer, Vijayawada, Krishna District(1 to 4 by RPAD)
• 5. One CC to Sri. CH Samson Babu, Advocate [OPUC]
• 6. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT]
• 7. One spare copy.

MSB

HIGH COURT

UDPR,J

DATED:04/08/2021

ORDER

POST THE MATTER ON 20.08.2021

WP.No.15015 of 2021

INTERIM DIRECITON