S P B V D Sabha High School vs. The State Of Ap

Court:High Court of Andhra Pradesh
Judge:Hon'ble V.Sujatha
Case Status:Unknown Status
Order Date:17 Jul 2023
CNR:APHC010334332023

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Order Issued After Hearing

Purpose:

Admission (Education )

Before:

Hon'ble Venkateswarlu Nimmagadda

Listed On:

17 Jul 2023

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE :PRESENT:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17146 OF 2023

Between:

    1. S.P.B.V.D Sabha High School & Elementarty School, Upparapalli, Saraswathipuram, SiddavatamMandal, Madhavaram 516 247, YSR District Rep. by its Correspondent, M. Ramakrishnaiah
    1. Aided Upper Primary School, Krishnampalle 516 175, Duvvur Mandal, YSR District, rep. by its Correspondent, J. Vijaya Kumari
    1. Sri Viswabharathi Aided Upper Primary School, IX Ward, Kadapa, YSR District, Rep. by its Correspondent, S. Shafi Ahmed
    1. Mahaboob Aided Upper Primary School, Kothapalli, Rayachoty 516 269 Annamayya District, Rep. by its Correspondent, S. Mujafer Hussain
    1. Sarada Aided Upper Primary School, Rayachoty 516 269, Annamayya District, Rep. by its Correspondent, V. Umamaheswari
    1. S.P Oriental Upper Primary Aided School, Thiruvengalapuram, Badvel Mandal, YSR District, rep. by its Correspondent, P. Venkata Subbaiah
    1. Ambedkar Oriental Primary AND High School, Ashok Nagar, Chinna Chowk, 516 002 YSR District, rep. by its Correspondent, Kadapa $\mathsf{M}$ . Venkatasubbamma
    1. Sri Raghavendra Aided Elementary AND High School, Allagadda, Nandyal District, rep. by its Correspondent, Y. Papi Reddy
    1. Vidya Sagar Aided Upper Primary School, Viswanadhapuram, CK Dinne Mandal, Kadapa 516 004, rep. by its Correspondent V J William Krupakara Rao
    1. Aided Upper Primary School, Balija palle, C.K.Dimme Mandal, YSR District, rep. by its Correspondent, M. Lakshmi Devi
    1. Nethaji Aided Elementary School AND Sri Sangemeswara High School, Veerapunayanipalli 516 321 Kadapa, YSR District, Rep. by its Correspondent, V V Subba Naidu
    1. K.C. Elementary School, , Kothareddypalem, Chebrol Mandal, Guntur District, rep. by its Correspondent, Yanna Ramakrishna Reddy
    1. Sree Venkateswara Elementary AND High School, Bayanapalle Village, Nagireddy Palli Post, C.K.Dinne Mandal, Kadapa 516 003, YSR District, Rep. by its Correspondent, Y. Chandrakanthamma

AND

Petitioners

    1. The State of Andhra Pradesh, rep. by its Prl. Secretary School Education (PS) Department, A.P. Secretariat, Velagapudi 522 237, Guntur District.
    1. The Commissioner, School Education, Andhra Pradesh, Ibrahimpatnam 521 456, Vijayawada, NTR District.
    1. The Regional Joint Director of School Education, , Kadapa 516 001, YSR District.
    1. The Regional Joint Director of School Education, Collectorate Compound, Guntur 522 001, Guntur District.
    1. The District Educational Officer, Kadapa 516 001, YSR District.
    1. The District Educational Officer, Rayachoty 516 269, Annamayya District.
    1. The District Educational Officer, Nandyal 518 501, Nandyal District.
    1. The District Educational Officer, Guntur 522 001, Guntur District.

Respondents

Petition under Article 226 of the Constitution of India is fled praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring G.O.Ms.No. 59 School Education (PS) Department dated 22-06-2023 issued by the 1<sup>st</sup> Respondent and the consequential Memo bearing No.ESE02- 17024/1/2023-PS-1-CSE, Dated 04-07-2023 issued by the 2<sup>nd</sup> Respondent as illegal, arbitrary and in violation of the provisions of the A.P. Right of Children to Free and Compulsory Education Act, 2009 and also in violation of the Rights of petitioner schools guaranteed under the Constitution of India and consequently direct the respondents not to enforce the guidelines framed for rationalization of services of aided staff in private aided schools contained in G.O.Ms.No. 59 School Education (PS) Department. Dated 22-06-2023.

IA NO: 1 OF 2023:

Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be pleased to suspend the operation of the order in G.O.Ms.No. 59 School Education (PS) Department dated 22-06-2023 issued by the 1<sup>st</sup> Respondent and the consequential Memo bearing No.ESE02- 17024/1/2023-PS-1-CSE, Dated 04-07-2023 issued by the 2<sup>nd</sup> Respondent, Pending disposal of WP 17146 of 2023, 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 N SIVA REDDY Advocate for the Petitioners and of GP FOR EDUCATION for the Respondents Nos.1 to 8, the Court made the following

ORDER:

"At request of the learned counsel for the petitioners, list the matter on 21.07.2023 in the motion list.

Till then, as undertaken by the learned Government Pleader, the respondents are directed not to take up the process of rationalization."

//TRUE COPY//

Sd/- M.PRABHAKAR RAO ASSISTANT/REGISTRAR SECTION OFFICER

To,

  1. The Prl. Secretary School Education (PS) Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi 522 237, Guntur District.
    1. The Commissioner, School Education, Andhra Pradesh, Ibrahimpatnam 521 456, Vijayawada, NTR District. <
    1. The Regional Joint Director of School Education, , Kadapa 516 001, YSR District.
    1. The Regional Joint Director of School Education, Collectorate Compound, Guntur 522 001, Guntur District. ✓
    1. The District Educational Officer, Kadapa 516 001, YSR District.
    1. The District Educational Officer, Rayachoty 516 269, Annamayya District.
    1. The District Educational Officer, Nandyal 518 501, Nandyal District.
    1. The District Educational Officer, Guntur 522 001, Guntur District. (Addresses 1 to 8 by $RPAD$
  1. One CC to SRI. N SIVA REDDY Advocate [OPUC]

  2. Two CCs to GP FOR EDUCATION, High Court Of Andhra Pradesh. [OUT]

  3. One spare copy

ER

HIGH COURT

NVJ

DATED : 17/07/2023

LIST THE MATTER ON 21.07.2023 IN THE MOTION LIST

ORDER

WP.No.17146 of 2023

20 JUlae

DIRECTION

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