IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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:PRESENT:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WP Nos: 16956, 17146, 18182, 17580, 17591, 17809, 17581 OF 2023

WRIT PETITION NO: 16956 OF 2023:

Between:

• 1. Sri SaradaVidyaSamajam Aided Up School, 20th Ward, Kadapa, rep by its Secretary-cum-Correspondent, Janardhan Raju, S/o Subba Raju, aged about 67 years.
• 2. Chowdeswari Devi Oriental High School, Yerramukkapalli, Kadapa, Kadapa District, Rep by its Correspondent, G.Mohan, S/o PeddaSubbanna, aged 65 vears.
• 3. A.V.S.OrientalU.P.school, Madhavaram, Ontimitta Mandal, Kadapa, Kadapa District, rep by its Correspondent, Smt.A.Subbamma, w/o A. Rama Das, aged 68 years.
• 4. H.M.M.High School, Railway Kodur, Annamayya District, Rep by its Secretary and Correspondent, K.M.DevaSundaram, S/o K.M.Daniel, aged about 70 years.
• 5. G.V.S.Oriental High School, S.K.RNagar, Madhavaram, Kadapa District, Rep by its Secretary and Correspondent, G.VenkataSubbaiah, So G.V.Subba Rayudu, Aged about 58 years.
• 6. Sri Santhiniketan Oriental Elementary School, Sankarapuram, Kadapa, Kadapa District, rep by its Correspondent, K.Padmavathi, W/o L.Narasimhulu, aged 65 years.
• 7. S.N.Y.S.Sanskrit High School, Kondamachupali, Vontimitta Mandal, Kadapa District, Rep by its Secretary and Correspondent, M.Lakshmamma, W/o M.Sriramulu, aged about 71 years.
• 8. S.B.Seshaiah Sanskrit High School, Pullampet, Annamayya District, Rep by its Secretary, A.Rajendra Prasad, S/o Late Krishna Murthy, aged 70 years.
• 9. Gowri Shankar Oriental U.P School, Bhavani Nagar, Kadapa District, Rep by its Secretary, U.Nagamani, W/o VijayaChakradhar, aged about 59 years

...Petitioners

AND

• 1. The State of Andhra Pradesh, Principal Secretary to Govt., School Education Department, AP Secretariat, Velagapudi, Amaravathi, Guntur district, AP.
• 2. Commissioner of School Education, Government of AP, Sri Anjaneya Towers, Road No. 7-104, BBlock, 4th Floor, N.T.T.P.S. Road, Ibrahim Patnam, Vijayawada, Krishna Dt. PIN - 521 456
• 3. Regional Joint director of School Education, PragathiBhavan, Koti Reddy Circle, Kadapa - 516001, YSR District, AP.

-a-_

...Respondents

I

Petitl'on under Article 226 of the Constitution of India I-S filed Praying that in thel circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, more particularly, one in the na\ture of writ of"andamus, declaring the impugned G.O.Ms.No.59 SE (PS) Dept dated 22.6.2023 issued by the lSt respondent, tO the extent Of Prescribing guI-delines for rationalization of aided staff, more particularly, gui.d`elines 8(i), 8(ii), 8(iii), 8(iv) and 8(ix), as illegal, improper, unconstitutionaI, discrlminative' and contrary to the rules issued under G.O.Ms.No.1 Education (ps.2) dated 1.1.1994, and contrary fo RTE Act 2009 and as well as the AP Private Educational Institutions Grant-l'n-Al'd (Regulation) Act 1988, and consequeritly to set-aside the impugned G.0.Ms.No.59 SE (PS) Dept dated 22.6.2023 issued by the lst respondent in so far as Guidell'nes 8(i), 8(ij), 8(iii), 8(iv) arid 8(I-x) are concernedto declare the Memo No ESEO2-17024/1/2023-PS-1-CSE, dated 04/07/2023 and Memo No ESEO2-17O24/1/2023-PS-1-CSE-Part(1), Dated 16/07/2023 issued by the lst respondent as illegal and contrary to Rule 10(17) of the Rules framed under G O Ms No 1 Edu_cation (PS.2) dated 1.1.1994 and consequently setaside the same,

Prayer is amended as, per order of this court dt 21.07.2023 vide order passed in IANo2of2O23 inWPNo 16956of2023;

lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavl't filed in support of the petition, the High Court may be pleased to direct the respondents to accord permission to fill up the vacant aided teacher POStS in Petitioner Private aided Schools in terms of Rule 10(17) of the Rules framed under G.O.Ms.No.1 Education (PS.2) dated 1.1.1994 and the Teacher-Pupil Ratio contemplated as per Section 19 and 25 of Right of Children to Free and compulsory Education Act or Right to Education Act is an Act, 2009, pending disposal of wp 16956 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 the orders of the High Court dated 14.07.2023, 17.07.2023 & 21.07.2023 made herein and upon hearing the a_rguments of sri N Bharat Babu, Advocate for the petitioners and of GP for Education for the Respondents;

WRIT PETITION NO: 17146 OF 2023:

Betwee n :

• 1. S.P.B.V.D Sabha High School &EIementarty School, upparapalli, Saraswathipuram, siddavatamMandal, Madhavaram 516 247, YSR District Rep. by its Correspondent, M. Ramakrishnaiah
• 2. Aided Upper Primary School, Krishnampalle 516175, Duvvur MandaI, YSR District, rep. by I'tS Correspondent, J. Vijaya'Kumari
• 3. Sri Viswabharathi Aided Upper Primary School, lX Ward, Kadapa, YSR -District, Rep. by its Correspondent, S. Shafi Ahmed
• 4. Mahaboob Aided Upper Primary Schco],Kothapalii, Rayachoty 516 269 Annamayya District, Rep. by its Correspondent, S. Mujafer Hussain I 5. Sarada Aided Upper Primary School,Rayachoty 516 269, Annamayya District,
  • Rep. by its Correspondent, V. Umamaheswari
  • 6. S.P Oriental Upper primary Aided School,Thiruvengalapuram, Badvel Mandal, YSR District, rep. by its Correspondent, P. VenkataSubbaiah
  • 7. Ambedkar Oriental Primary AND High School, Ashok Nagar, Chinna Chowk, Kadapa 51'6 002 YSR District, rep. by its Correspondent, M. Venkatasubbamma
  • 8. Sri Raghavendra Aided Elementary AND High School,AHagadda, Nandyal Disthct, rep. <by its Correspondent, Y. Papi Reddy
  • 9. VidyaSagar Aided Upper Primary School,Viswanadhapuram, CK Dinne Mandal, Kadapa 516 004, rep. by its Correspondent V J William Krupakara Rao
  • 10.Aided Upper Primary School, Balijapalle,C.K.Dimme Mandal, YSR District, rep. by its Correspondent, M. Lakshmi Devi
  • ll.Nethaji Aided Elementary School AND Sri Sangemeswara High School,Veerapdnayantoalli 516 321 Kadapa, YSR District, Rep. by its correspondent, v vsubba Naidu
  • 12. K.C.Elementary School,Kothareddypalem, Chebrol Mandal, Guntur District, rep. by its correspondent, yanna Ramakrishna Reddy
  • 13.SreeVenkateswara Elementary AND High School,Bayanapalle Village, NagireddyPaIIi Post, C.K.Dinne Mandal, Kadapa 516 003, YSR District, Rep. -by its Correspondent, Y. Chandrakanthamma

AND

Petitioners

• 1. The State of AndhraPradesh, rep. by its Prl. Secretary Schcol Education lps) Department, A.P. Secretariat, Ve`'agapudi 522 237, Guntur District.
• 2. The Commissioner, School Education, Andhra Pradesh, ibrahimpatnam 521 456, Vijayawada, NTR District.
• 3. The Regional Join-i Director of School Education, Kadapa 516 001l YSR District.
• 4. The Regional Joint Director of School Education,Collectorate Compound, Guntur 522 001, Gun fur District.
• 5. The District Educational Officer, Kadapa 516 001, YSR Distriet.
• 6. The District Educational Officer,Rayachoty 516 269, Annamayya District.
• 7. The D'lstrict Educational Officer,Nandyal 518 501, Nandyal District.
• 8. The District Educational Officer, Guntur 522 001, Guntur District.

Respondents

` petition under Article 226 of the Co#stifution 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 particu]afly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring G.a.Ms.No. 59 School Education (ps) Department dated 22-06-2023 issued by the lSt Respondent and the consequential Memo bearing No.ESEO2- 17024/1/2023-PS-1-CSE, Dated 04-07-

2023 issued by the 2nd 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.0.Ms.No. 59 School Education (PS) Department, Dated 22-06-2023.

` lANO: 1 OF2023:

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 SchcoI Education (PS) Department dated 22-06-2023 issued by the lSt Respondent and the consequential Memo bearing No.ESEO2- 17024/1reO23-PS-1-CSE, Dated 04-07- 2023 issued by the 2ndRespondent, Pending disposal of WP 17146 of 2023, on the file of the High Court.

`The tition coming on for hearing, upon perusing the petition and the affidavit filed in slJPPOrt thereof and the earlier Order Of the High Cour( dated 14.07.202& 17.07.2023 & 21.07.2023 made hereinand upen hearing the arguments of Sri N SIVA REDDY Advocate for the- Petitioners and-of GP FOR EDUCATroN for the Respondents Nos.1 to 8;

\ WRIT PETITION NO.-18182 OF 202_3i

Betwee n :

\

• 1'. P V U S A U P School, Rep. by its correspondent G.Seshadri Reddy, S/o Venkata Reddy, Aged 71 years, Haripfasad Nagar, Chirala Post and Mandal, Bapatla District.

• 2. N.JA. Primary and Hieh School, Bose Nag_ar, Rep. by its President N,Saren Deep, Sfo N.Samuel Moses, Aged 34 years, R/o Ramakrishnapuram Post, Chirala Mandal, Bapatla District.
• 3. S.A.R.R.MA Primary and High School, Rep. by its Correspondent, A.G.Gopa'a Krishna Reddy, S/o Venkateswariu, Aged 57 years, VfaI Nagar, Chirala Post and Mandal, Bapatla District.
• 4. s.v.pA.U.P. SchcoI, Rep. by its Correspondent, V.Prabhakar Rao, S/o Pichaiah, Aged 65 years, R/o Vykuntaswam Post, Chirala (M), Bapatla District.
• 5. J.H. D.D.S. AIded Primary School, Rep, by its Correspondent, D.John Martin Sudhkar, S/a Devadanam Aged 66 years, Lakshmjpurm, KothapelaPusl, Velapalem (M), Bapatla District.
• 6. Aided Elementary School, Rep. by its Correspondent, S.SandyaSundar, S/o Somajahl Uppugundur, N.G.Padu Mandal, Prakasam District.
• 7. M.S.Priinary and High School, Rep. by its Correspondent, M.E.J. Sudhakar, S/o Ftubivardhanl Aged 51 years, R/o Ramakrishnapuram Post, Chl'ra'a Manda1, Bapatla District.
• 8. R.Aided EIemen{ary School, Rep. by its Correspondent, J.Vijaya Raj Kumar, s/a solmonlssae, Aged 67 years, R/o Pothavaranl N.G. Padu MandaI, Prakasam Distriet.
• 9. P.V.S.Aided Elementary School, Rep. by its Correspondent, p.v.NarasimhaCharyulu, S/o Seshachary'ulu, Aged 65' years, R/a Pothavaram N.G. Padu Mandal, Prakasam District.

Petitioners

AND

• 1. The St.ate of Andhra Pradesh, Rep. by is Principal Secretary, School Education (PS) Deparinent, Secretariat, Velagapudi, Guntur Distriet.
• 2. The Commissioner of Schcol Education, Govt. of A.P., Ibrahinpatnam, Vijayawada, NTR District.
• 3. The Regional Joint Director of School Education, Collectorate Compound, Guntur, Gun{ur District.
• 4. The District Educational Officer, Baptala, Baptala District.
• 5. The Distriet Educational Offlcer, Ongole, Prakasam District-Respondents

Petition under Article 226 of the Constitut®lon of India is filed praying that in the circumstances stated in the affidavit filed {herewith,, the High Court may be pleased t9 issue a Writ order or direction more parficulariy one in the nature Of Writ of Mandamus declaring G.O.Ms.No.59 School Education (PS) Department, Dt. 22-06- 2023 issued by the lst Respondent and the consequent,ial Memo bearing No.ESEO2-17024/1/2023-PS-1-CSE, dt.4-7-2023 issued by the 2nd responcient as illegal, arbitrary and in violat1-On 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 consequential direct the respondents not to enforce the guidelines framed for rationalization of services of aided staff in private aided schools contained jn G.O.Ms.No.59, School Education (PS) Department, dated. 22-06-2023.

IANO: 1 OF2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may 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 lSt Respondent and the consequential Memo bearing No.ES~EO2-17024/1/2023-PS-1-CSE, dt. 04-07-2023 issued by the 2nd respondent, Pending disposal of WP 18182 of 2023, on the file of the High Court.

The petition corfung on for hearingl upon <perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated 21.07.2023 made here'ln and upon hearing the arguments of Sri T V S KUMAR Advocate for the Petitioners and of GP FOR SCHOOL EDUCATION for the Respondent Nos.1 to 5;

WRIT PETITION NO: 17580 OF 2023:

Between

Sri Saraswathi Committee, Aided Upper<br>1.<br>Primary School, Seetharamanagar, Kakani Road,<br>Guntur, rep.by its Correspondent,<br>Sri Dasari Venkata Subba Rao, S/o Koteswara Rao,<br>52 years, C/o D.No.40-10-463, Seetharamanagar,<br>Kakani Road, Guntur.
Yadava High School, Guntur, Guntur District,<br>2.<br>rep.by its Secretary and Correspondent<br>Sri Myla Anjalah S/o Ramaswamy 76 years,<br>Old Guntur, Guntur.
T.M. Rao High School, Bhattiprolu,<br>3.<br>$\texttt{and}^\cdot$<br>Secretary<br>District, Rep. by, its<br>Guntur<br>Correspondent,<br>Sri Pulikonda Mallikarjuna Rao, S/o.Radhakrishna<br>Gupta,<br>an Arriva Po<br>aged 69 years, Bhattiprolu, Guntur.
S.K.A.V.S. High School, Pusapadu,<br>$4.$<br>Prakasam District rep by its Correspondent<br>G. Leelakumara Prasad, S/o Venkateswarlu,<br>Aged 73 years, Sundar Nagar, Ongole, Prakasam Dist.
P.S.N.C.C. High School, Muppavaram,<br>$5.$<br>J. Panguluru Mandal, Prakasam District<br>rep.by its Correspondent K. Uma Venkata Subba Rao,<br>S/o Koteswara Rao, aged, 60 years,<br>V.I.P. Road, Ongole, Prakasam District.
S.B.N.R.M. Aided High Schools,<br>$6.$<br>Kothapalle & Komarolu Village, Komarolu Mandal,<br>Prakasam District, rep.by its Correspondent<br>B. Narayana Reddy, S/o Venkata Reddy, aged 66 years.
V.C.A High School, Venkata Reddy Palle Village,<br>$7.$<br>HM Padu Mandal, Prakasam Dist.<br>Represented by its Correspondent K. Thirupathi Reddy<br>S/o Venkata Reddy, Aged 96 years,<br>Venkata Reddy Palle Village, HM Padu Mandal,

Prakasam Dist.

• 8. L.M.K High School, 5^th Ward, Kanigiri, Prakasam Dist. Represented by its Correspondent M.BalajiRao S/O Vengaiah, Aged 62 years, 5^th Ward, Kanigiri, Prakasam Dist.
• B.V.R Aided High School, Koppolu-523286, 9. Ongole Mandal, Prakasam Dist. Represented by its Correspondent Sri B.Veeraiah S/o. Sundararamaiah, Aged 72 years.
• $10.$ G.V.C High School, Thimmasamudram, Naguluppalapadu Mandalam, Prakasm District. Rep by its Correpsondent M.V.S.R.N.V.Prasadarao S/o Bhaskarao Aged 70 Years, Thimmasamudram, Naguluppalapadu Mandalam, Prakasm District.
• St.Jacob's Aided U.P & High School, Mundlapadu, $11.1$ Giddalur Mandal, Prakasam Dist. Represented by its Correspondent V.J.F. Ramesh Babu S/O V.Samson, Aged 60 years.
• Residential Adivasi Upper Primary School $12.$ 10/4 Arundalpet, Guntur, Correspondent Sri T.R. Jayachandra, S/o Sambaiah, aged 74 years, 10/4 Arundalpet, Guntur.
• Ladies Society Girjana Aided Elementary 13. School Vasantharayapuram Guntur District Rep by its Correspondent J Madhuri Raj W/o K Anand Kumar Aged 40 Years R/o Vasantharayapuram Guntur, Guntur District.
• M.H.R and K. Oriental Primary School, $14.$ Seetharampuram Ongole, Prakasam District, rep by its Correspondent M.V. Pavan Kumar, S/o M. Hanumantha Rao, aged 53 years, A.P. Housing Board Colony, Ongole, Prakasam District.

Hindu Aided UP School, Kothapalle Village, 15. GiddalurMandal, Prakasam Dist. Represented by its Correspondent K.Pitchi Reddy S/O Chalama Reddy, Aged 43 years.

B.S. Aided Primary School, Koppolu-523286, 16. Ongole Mandal, Prakasam Dist. Represented Correspondent by its Sri B.Veeraiah Sundararamaiah, Aged 72 years.

Chittaranjan Arabic Oriental Elementary School, $17.$ 19^th ward, Kanigiri Municipality, Prakasam District, rep. by its Correspondent, Sri Kola Salmon Raju S/o George 63 years, 19^th ward, Kanigiri Municipality, Prakasam District.

AND

... Petitioners

S/O

• 1. The State of A.P., Rep. by its Prl. Secretary, Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
• 2. The Commissioner of School Education, Education Department, Ibrahimpatnam, Vijayawada.
• 3. The Regional Joint Director, School Education, Guntur.
• 4. The District Educational Officer, Guntur, Guntur District.
• 5. The District Educational Officer, Bapatla, Bapatla District.
• 6. The District Educational Officer, Prakasam, Prakasam District.
• 7. The Deputy Educational Officer, Guntur, Guntur District.
• 8. The Deputy Educational Officer, Markapuram, Prakasam District.
• 9. The Deputy Educational Officer, Purchur, Bapatla District.
• 10. The Deputy Educational Officer, Bapatla, Bapatla District.
• 11. The Mandal Educational Officer, Guntur, Guntur District.

一个小便是是好的。

12. The Mandal Educational Officer,ong=£, pl Prakasam District. 13. The Mandal Educational Officer,Komarolu, Prakasam District. 14. The MandaI Educational Cfflcer,Giddaluru, Prakasam District.

...Respondents

petition under Article 226 of the Constitution of India js 'fited praying that in the circumstances stated in the affidavit fi,ted therewith, the High Court may be pleased to issue a wrl't or direction or order more particularly one in the nature of Writ of Mandamus declaring G.O.Ms.NO.59, dt.22.06.2023 issued by the lst respondent and the consequential Memo No.ESEO2- 17024/1/2023-PS-1-CSE, dt.04.07.2023 issued by the 2nd respondent is illegal and violative of article 21-A of the constitution and provisions of right of children to Free and Compulsory Education Act, 2009 and the rules made there under and also violation of the provis-IOnS Of the Education Act and the rules made there under and consequentially set aside G.O.Ms.NO.59, dt.22.06.2023 issued by the lst respondent and consequential Memo No.ESEO2- 17024/ 1 / 2023-PS-1-CSE, dt.04.07.2023, Memo No.ESEO2-17024/1/2023-PS-1- CSE-Part(1), dt.14.07.2023

IANO: 1 OF2023

I

Petition under Section 151 CPC is filed praying that in the circumstances i stated in the affidavit filed jn support of the-petition, the High Court may be pleased to suspend`the G.O.Ms.NO.59, dt.04.07.2023 issued by the lst respondent and the consequential Memo No.ESEO2- 17024/ 1 /2023-PS-1-CSE, dt.04.07.2023, wiemo No.ESEO2-17024/1/2023-PS-1-CSE-Part(1), dt.14.07.2023 issued by the 2nd respondent, pending disposal of WP No. 17580 of 2023, on the file of the High Court.

The petition coming on for hearing,I upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated 18.07.2O23 & 21.07.2023 made hereinand upon hearing the arguments of Sri DEVI PRASAD MANGALAPURI, Advocate for the Petitioner, GP for Education for the Respondents;

` yELT__PETITION NO: 17591 OF2Q23i

Betvreen :

r

1. SBNRM Aided Primary School, Ramava_ripalle, Komarole MahdaI, Prakasam District` Represented by its correspondent Sri B.Narayana Reddy.

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• 2.- SBNRM Aided Primary Sc~ho6l, ®obulaburam, Komarole Mandal, Prakasam District .Represented by its .comespondent Sri Bqua.rayana Reddy..
• 3. SBNRM Aided Primary School, KothaPaIIe, KomarOte Ma-nda'I, Prakasam District kepiesenteq 'by its Corres-pondent Sri B.Narayana Reqdy.
• 4. SBNRM Aided Primary School, Komar6-Ie, Komarole Mandal, Prakasam District Repres-ented by its Correspondent Sri B.Na.rayana Reddy-.
• 5. SBNRM Aided Primary School, Sh-rvaji Nagar, Komarole MandaI, Prakasam D-lstrict -Represented by its correspoREent Sri B.Narayana Reddy.
• 6. Sree Satyanarayana 'and Srinivasa tided Pri-mary School, cumbum, cumbum Mandal, Prakasam District Represented by its Corresp6ndef`t Sint.a.Subbamma.
• 7. Sree Safyanarayana and Srinivasa Aided Priinary Sc-tool, RayiPadu, Cumbum Mandal, Prakaspm Distrigr Represented i by its Correspondent Smt.O.Subbamma.
• 8. SSVM Aided U.a School, Thurimella,. Cumbum MandaI; 'prakasam District, RepreSente`d by -ts. Correspondent Sri P.Mahesh.

I

• 9. St.Shalem Aided-upper Primary School, Gid'dalur, G,-ddalur Mahdal, Prakasam District,-Represented by itsocorrespondent sri p.yictor paul.
• 10. Sfee Saradha -Aided Primary School, Giddalur, Giddalur Mandal, Prakasani District, Represented by its GoITesPOr`dent Sri C. Srinivasa. \Rao.

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• 12. Sri Vivekanenda Orierttal Pri.inary School, Mungamuru Road, . Balaji-Revenue Colony, Ongole,, Ongole Mandal, Prakasam Diet, ' Represented by its Correspondent Sri T.Prasad Rao.
• 13. A.M. Aided Primary 'Schcol, Bethelpuram, Donakonda (RS), Donakon`da Mandal, Prakasam Disc, Represented by its Corespondent M.I.V.Prasad.
• 14. Sree Veerabramhendra Mission aided U.P School, . Ana.ndashram(village), Chapadu (Mandal), Cuddapah District, Represented by its Corresp.ondent T. Venkata Lakshmi
• 15. Moinuddin Siddl-qui Aided Elementa,ry School, sirveI, Sirvel MandaI, NandayaI Djstriet, Represented by its Correspondent K.M.M. Siddiqui
• 16. Siddiqui Aided Urdu EIemen.tary School, Rudravaram, Rudravaram Mandal, Mandal, NandayaI District, Represented by its Correspondent K.M.M. Siddit]ui
• 17. Siddiqui Aided Upper Primay School, Jilie]a, Gospadu Mandal, MandaI, NandayaI District, Represented by its Correspondent K.M.M. Siddiqui
• 18. Siddiqui Aided Urdu Elementary School, Lingapuram, Bandiatmakur, Mandal, Nandayal District, Represented by its Correspondent K;M.M.+ Siddiqui
• 19. Siddiqui Aided Urdu Elementary School, Paliceline, 'Nandyal, Nandayal-Mandal, Nandaya] District, . Represented by its Correspondent K.M.M. Sjddjqui
• 2O. Siddiqui AIded Elementary S.chool NoonepaIIi, Nandyal, NandayaI Mandal, Nandayal District, RepreSehted by its Correspondent K.M.M. Siddiqui
• 21,. Khaleel Siddiqu'l AIded High School, Noonepalli, Nandyal, Nandayal Mandal, Nandayal Distriet,.Represented by its Correspondent K.M.M. Siddjqui I

. . Petition e r/s

AND

• 1. The State ofAndhra Pradesh, Rep., by l'ts The Principal Secretary, Department of School Education, Secretariat buildings, Velagapudi, Amaravathi, A.P-522503.
• 2. The Commissioner of school Education, Government of Andhra Pradesh, SreeAnJ-aneya Towers, Ibrahjmpatnam, Krishna District, A.P-521456.
• 3. The Regional Joint Director of School Education,Collectorate Campus, Guntur, Guntur Dist.
• 4. The Regional Joint Director of School Education, Kadapa, BC Co-Operative Society, Nagarajupet, Kadapa
• 5. The District Educational Officer,PrakasamDist, Ongole.
• 6. The District Educational Officer,CuddapahDistrict ,Cuddapah
• 7. The District Educational Officer,NandyaIDistrict ,Nandyal

...Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, 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 the G O Ms No 59 School Education (PS) Department, dated 22 06 2023 issued by the first respondent and the consequential proceedings in Memo.No. ESEO2-17024/1/2023-PS1-CSE, dated 23 06 2023 issued by the Second respondent aS illegal arbitrary contrary to the rules issued l'n G 0 Ms No 1 Education P S 2 Department dated 01011994 contrary to the provisions of Central Act 35/2009, The Andhra Pradesh Education Act.1982 and the rules made therein and violative of Articles 1416 21A of The Constitutio~n of India and consequentially direct the respondents to fill up the vacant posts follow rules in terms of the existing rules in Central Act 35/2009 without subjecting them to rationalization

IA NO: 1 OF2023

Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the Hl'gh Court may be pleased to suspend the operation of G.O. Ms No 59 School Education (PS) Department, dated 22 06 2023 issued by the first respondent and consequential proceedings in Memo.No. ESEO2-17024/1/2023-PS1-CSE, dated 23 06 2023 issued by the second respondent. Pending disposal of WP 17591 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 the earlier order of the High Court dated 18.07.2023 & 21.07.2023 made hereinand made herein and upon hearing the arguments of SRI C SUNIL KUMAR REDDY Advocate for the Petitioners, GP FOR SCHOOL EDUCATIONl for the Respondent Nos.1 to 7;

WRIT PETITION NO: 17809 OF 2023:

Betwee n :

1. Sri Lal Bahadur Sastri Memorial Aided Upper Primary School, KummaraKunta, Kadapa 516 001 Rep. by lots Correspondent, AdI-neniHarin,-

• 2. VIdyaNiketan Aided Upper Primary School, AkkayapaHi, Kadapa 516 003, rep by its Correspondent, Beduduru Rosanna
• 3. Sri Chandra MoulMdyaNilayam Aiclecl Elementary AND High School, Prakash Nagar, Kadapa 516 co4 Rep. by its Correspondent, PokurIVenkateswara Rao
• 4. S.P.B.V.D.Sabha EIementary AND High School, Upparapal'i 516 247, Parvathipuram, Siddout Mandal, Kadapa District Rep. by its Correspondent, M.D. Madhusudhane
• 5. S.B.V.D. Sabha Hish School, PuHampet -516107, Annemayya District Rep. by its Correspondent, N. Sreeramulu

Petitioners

AND

• 1. State ofAndhra Pradesh, rep. by its PrI. Secretary School Education (PS) Department, A.P. Secretariat, Velagapudi 522 237, Guntur District
• 2. The Commissioner, School Educat-ron, Andhra Pradesh, lbrahimpatnam 521 456I VIjayawada, NTR District
• 3. The Regional Joint Director of School Education, Kadapa 516 001, YSR District
• 4. The District Educational Officer, Kadapa 516 001, YSR District
• 5. The District Educational Officer, Rayachoty 516 269, Annamayya District

Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the ciroumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction, more parficulariy one in the nature of Writ of Mandamus or any other appropriate Writ, declaring G.O.Ms.No. 59 School Education (PS) Department dated 22ro6-2023 issued by the lst Respondent and the consequential Memo bearing No.ESEO2- 17024/1raO23-PS-1-CSE, Dated 04-07- 2023 issued by the 2nd 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 petit'IOner SChOOIS guaranteed under the Constitution of India and consequently direct the respondents riot to enforce the guidelines framed for rationalization of services of aided staff in private aided schools contained in G.O.Ms.No. 59 Schcol Education (PS) Department, Dated 22-06-2023.

lANO: 1 OF2023

petition under section 151 CPC is filed praying that in the ctroumstances stated in the affiidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order in G.O.Ms.No. 59 School Education (PS) Department dated 22-06-2O23 issued by the lst Respondent and the consequential Memo bearing No.ESEO2- 17024/1/2023-PS-1€SE, Dated 04-07-2023 issued by the 2nd Respondent, pending disposal of WP 178O9 of 2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the PetI-tiOn and the affidavit filed in support thereof and the earlier order of the Hish Court dated 21.07.2023 made herein and upon t`earing the arguments of Sri N SIVA REDDY Advocate for the Petitioners and of GP FOR EDUCA"ON for Respondents;

\ \ wp.NO.1 758.1 OF 2023

Between :

1.National Aided-U.P. School, Rep. by its Mahager` & Correspondent Sri Dasarl-Rama Krishna,-S/o BabuRao, Aged 53 years, R/a D.No.5-29r14/4, Gramadevatha Road, Near Ramalayam, 23rd Ward, , Repalle, Bapatla. District-522265.

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2.Aided EIementary School,

Morl.avariparipalem, RepalleMandal,. Rep. I by its Manager '& -Correspon'deht I Smt. Kode-Srujana, D/o Kode Gowri Sankar, Aged 38 years, R/o D. No.10-13-94/32-3, H.B. Colony, 12 Ward, Morlavariparipalem, Repalle I MandaI, Bapatla District-522 265.

3.J.H.U.P. School,

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pedapalli, NagaramMandal¥ Rep. by its Manag.er &-Correspondent Sri y.V. -KoteswaraRao, S/o Anjaiah, Aged 69 years, R/o D.No.8-4-69, Giri Road, Balaj'iraopeta, TenalimBapatla Disthct.

4.Sn- Atchyuta Upper Primary school, Pud ivada, Nagaram'MandaI, Rep. by I'tS Manager.&.Correspondent Sri Yallaprag'adaSyamasuhdaram, : S/o Ramarao, aged 61 years, R/o D.No.4-177,I Pudiwada, Nagaram, NagaramMandal, Bapatla D.istrict.

5.Sri RayindraVl-dyalam Aided Elementary School, Lalapet; -Guntur, Rep. -by its Manager, & Correspondent

Smt. R. Katyayani, W/o'b. Sy.am' P'rasad,

Aged 77-years,

R/a D.No.26i32.-35,. 6th ,lane;

A.T. Agraharam, Guntur Collectorate, Gu'ntur - 522004.

6 -3:i:ndurH,i #eup.EleyTgnMfaaTa¥ehr;g#e-£-oK;)6e n t Sri Manchalasaivijaya: Kumar, . S/a Late yen.kafakot?swaraRao, Aged 69 years, a/o D.No,26-33-1OA, SaiHarshiniNilayam, 7th lane, A.I. Agraharam, Guntu'r - 522004,

7.Aided Primary school., Pittupal€m of Kanagala, Cherukupa lliMandal, ,Bapatla DistrI-Ct, Rep. by its ,Man-ag.er, Sri DidlaV.enkataVeera Reddy, S/a KrI'Shna Murthy Reddy, aged 54 years, R/a D.No.2-89, 6tP Ward, Didla,Vari Street, Opp: Aided Primary scrpoI, PittuvariPalem, Kanagala, Cherukupalle H/o'Arumbaka, Guntur District - 522259.

8.Adi Andhra Aided Elementary school, Bethapudi, Repalle MandaI, Bapatla district, Rep. by its.Manager & correspondent Sri KoqeGowriSankar, s/o Abba Rao, Aged 63 years, R/a D.No.10-13-94/3, Housing Board Colony, loth ward, Repalle, Guntur - 522265.

9.S.T.J.A.U.P. School, Kavuru, cheruki]palli, Bapatla, Rep. by its correspondent Sri T. Ramanadha Babu, S/a Appaiah, Age 66 years,R/o D.No. ro-17/12, .Kothapeta, prakasam, Prakasam District.

10.S.R.T.A. Primary schcol, varevaripalem of pon'napalli, cherukupalli (MdI.) Rep. by its Manager & Corespondent sri L. Naga Malleswara ~R'e'ddy, s/a sudhakar Reedy, Aged 64 years, R/a D.No.4-117, PonnapaIIi, .Bapatla District.

ll.AIDED Upper primary school, Srungarapuram', 8a`pta]a, Rep. by its Manager & correspondent Sri A.V. Rajeswara Rao, S/a Venkafac-ha'am, Age 58 years, R/o D.No.8-2-13, Bhimavaripa'em, Bapatla D,®strict.

12.S.M.A.U.P. School,

Cherukupalli, Bapatla District. Rep. by its Manager & Correspondent Ch. Yogananda Murahari Rao, S/o Varaprasada Rao, Aged 54 years, R/o D.No.2-73/1, 5th Ward, Kasturi vari peta, Cherukupalli, Bapatla District.

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13.Sri Venkateswara Vidyalam, Gurappalam, Rep. by its Manager & Correspondent Sri Y.V.S.S.N. Sarma, aged 74 years, R/o D.No.8-2-13, Bhimavaripalem, Bapatla District.

14. Hindu Aided Elementary School, Kuchinapudi, Nizampatnam, Bapatla, Rep. by its Manager & Correspondent Sri B. Venkata Siva Rama Kirshna Murthy, S/o Nagabushanam, age 75 years, R/o D.No.9-35-84/2, Repalle, Bapatla District.

AND

...Petitioner/s

1. The State of A.P., Rep. by its Prl. Secretary, Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

2. The Commissioner of School Education, Education Department, Ibrahimpatnam, Vijayawada.

3. The District Educational Officer, Guntur, Guntur District.

4. The District Educational Officer, Bapatla, Bapatla District.

5. The Mandal Educational Officer, Repalle, Bapatla District.

6. The Mandal Educational Officer, Nagaram, Bapatla District.

7. The Mandal Educational Officer, Cherukupalli, Guntur District.

8. The Mandal Educational Officer, Bapatla, Bapatla District.

9. The Mandal Educational Officer,

porinur, Guntur Distn'ct. I

io.The MandaI Educational Officer, G-untlJr, Gljntur 'Dis±rict. I

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ll.The Mandal EduCatfoflaI Officer,. Nizaqupatnam, Bapatla Distriet. ...Respondents. __ E=

petition under Article 226 of the Const'ltut'lon Of India iS filed Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be Pleased to issue a writ or direction or order more particularly one in the nature of writ of Mandamus declaring G.a.Ms.No.59, dt.22-06-2023 issued by the lst respond?nt and the consequential Memo No.ESEO2-17024/1/2023-PS-1-CSE, dt.04.P7.2O23 issued by the 2nd respondent iS illegal and VjOlative Of Article 21 of the Constitution and provisions of right of children to Free and Compulsory Equeation Act, 2009 and the rules made there under and also violation of the provisions of the Education Act and the rules made there under and COn'SequentiaIIy set aside G.O.Ms.No.59, dt22.06.2023 issued by the lst respondent and COriSequential Memo No.ESEO2- 17024/1/2023-PS-1-CSE, dt.04.07.2023, Memo No.ESEO2-17024/1/2O23-PS-1 csE-Part(1 ), dt.14.07.2023'.

~IANO:1OF ²⁰²³

petition under section 151 CPC is fied praying that in the CiroumSfanCeS stated in the affidavit filed in support of the writ petition, the H'ngh Court may be pleased to suspend the G.O.Ms.NO.59. dt.22ro6-2023 issued by the lst respondent and the consequential Memo No.E.SEO2-17024/1/2023PS-1€SE, dt.04.07.2023, Memo No.ESEO2-17024/1/2023-PS-1 -CSE-Part (1 ), dt.14.07.2023 issued by the 2nd respondent, pending d'laposal of the writ petition No.17581 of 2023, on the file Of the H'lgh Court.

The petition coming On for hearing, upon Perusing the Petit'lon and the affidavit filed in support thereof and the earlier orders of the High Court dated 18.07.2023 & 26.07.2023 made herein and upon hearing the arguments Of SRl.M. DEVI PRASAD, Advocate for the Petitioners and GP for School Education for Respondents, the Court made the following.

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COMMON ORDER:

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMM`AGADDA

VrRIT PETITION Mos.16956.17146.1.8182.1758O. 17591jl 178O9 17581 OF 2O23

COMMON ORDER:-

1. These -writ petitions are filed under Article 226 of the Consti,tution of India, challenging a.O.Ms.No.59 School Education (PS) Department dated 22.06.2O23, wherein, the State of Andhra Pradesh proposed for rationalization of services of aided staff in private aided schools and norms to be followed for fillling uP Of Vacant aided teacher posts.

2. Sri M. Gangaiah Naidu, leaned Senior Counsel appearing for Sri N. Bharat Babu, 1eamed counsel for the. petitioners submits that the t' guidelines issued under a.O.Ms.No.59 dated 22.O6.2O23, more particularly, Guideline Nos.8(viii) (a) to (e) and (ix) are illegal and contrary to Rule lO(17) of the Andhra Pradesh Educational I`nstitutions (Establishment, Recognition, Administration And Control Of Schools Under Private Managements) - Rules, 1993. H€ further submits that, a.0.Ms.No.59 .dated 22.06.2023 is also contrary to Sections 19 a 25 of The Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of 20O9).

3. He further submits that, a.O.Ms.No.59 dated 22.O6.2023, Guideline J. Mos.8(viii) (a) to (e) and (ix) contemplates rationalization of the services of teachers working against Grant-in-aid posts in private aided schools, which reads as under:

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"viii. As per RTE norms, the following categories of teachers shall be identified as surplus teachers in a school for the purpose of rationalization:

• a. Aided teachers working Primary School with less than 30 enrollments in $I$ to $V$ Classes, provided, there is a Government managed/Aided Primary School/Upper Primary school already existing in same habitation within the safe walking distance of 1 KM.
• b. Aided teachers working in Upper Primary School with less than 35 enrolment in VI to VII Classes (For upper primary stage) provided, there is a Government managed/Aided upper Primary school already existing in the same habitation within safe walking distance of $3$ KM.
• c. Aided teachers working in High School with less than 75 enrollment in VI to X classes provided, there is a Government managed/Aided High School already existing in same habitation within a safe walking distance of 3 KM.
• d. In each category of the post if aided teachers working in the said school/institution are found in excess, then the surplus teachers shall be worked out as per Annexures to the G.O.
• e. Aided Teachers of already closed schools and zero enrolment schools if any including all aided teachers who are drawing a salary from the school but working in other schools.

ix. Resultant to this rationalization, if an aided post in any institution is rendered surplus, the same shall stands suppressed on transfer of the incumbent to another aided institution with effect from the date of such transfer."

Learned counsel further submits that, for any such rationalization, 4. the authorities are under obligation to observe the Pupil-Teacher Ratio for two subsequent academic years. But the G.O.Ms.No.59 dated 22.06.2023 is issued in violation of such rule and proposed to take-up rationalization taking into consideration adopting the UDISE of previous academic year as well as the present academic year, rather than two subsequent academic

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. years, as proposed in Rule 10(12) a 10(17) of the Rules, 1993, which are as

follows:

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"(12) Thai the Teacher Pupil ratio in respect of the Pre-Pri:mn:ry Schods shall rLOt exceed 1 :2O and in respect of ail other schools, the rcl.tion .she:ll not exceed 1 :4O.

(17) When private aid.ed schools a,re forced to the closed down fior any reason or u,heneuer the management of the school goes out of the uJay tO remove clay of i:ts stCLff members Or WherteUer there is fiall in strength in a private aided school for two subsequerit academie yecus, the Competent Authortrty rna;y trausf;er the stcLff along with the Posts tO a,ny Other needy private al.ded schoot uJithin the District. »

5. He further submits that, G.0.Ms.No.59 dated 22.06.2O23 was issued by way of executive instnlctic)ns by the State Govemment, but whereas, G.O.Ms.No.1, Education (P.S.2) dated O1.O1.1994 was issued in exercise of the powers conferred by Section 99 read with Sections 20,21,79,8O and 83 of the Andhra Pradesh Education Act, 1982, in supersession of the Andhra Pradesh Educational Institutional (Establishment, Recognition, Admihistration and Central) Rules, 1988. Therefore, the Rules made under G.O.Ms.No.1 dated O1.O1.1994 are the statutory rules and the guidelines issued in a.O.Ms.No.59 dated 22.06.2O23 cannot over-ride the statutory rules. Therefore, Guideline N.io.8(viii) (a) to (e) and (ix) of G.O.Ms.No.59 dated 22.06.2023 are liable to be suspended.

6. Learned counsel for the petitioners further submit that, in similar circumstances, this court time and again upheld the contentions of the learned counsel for the petitione,rs in respect of rationalization of services of teachers of private aided institutions and relied upon the common

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judgment of this Court in W.P.No.30927 of 2022 & batch dated

05.01.2023, wherein this Hon'ble Court observed as follows:

"As per Rule 12 (3A) of the above said Rules, vacancies will be filled up by surplus candidates. At this juncture, learned Senior Counsel states that respondent authorities are not sending surplus candidates and they are sending candidates only by way of adjustment and thereafter, recalling them, which happened in many cases. At this juncture, this Court directed the learned Government Pleader to inform the stand of the Government with regard to sub-rule 3(A) of Rule 12. In such circumstances, learned Government Pleader filed affidavit of the Commissioner of School Education. Para-5 of the said affidavit reads as follows:

".....Further to submit that instructions were issued to all the Regional Joint Directors of School Education and District Educational Officers with a request to identify the surplus. teachers/ existing teachers of defunct aided schools as per Rule 10(12) in G.O.Ms.No.1, Education, dated 01.01.1994 and transfer the surplus teachers as per Rule 10 (17) in G.O.Ms.No.1, Education, dated 01.01.1994 on a permanent basis and the same is under process".

$7.$ He further submits that, as per Sections 19 & 25 of The Right of Children to Free and Compulsory Education Act, 2009, the prescribed teacher-student ratio is not followed and G.O.Ms.No.59 dated 22.06.2023 is also contrary to the teacher-student ratio, as envisaged under Sections 19 & 25 of The Right of Children to Free and Compulsory Education Act, 2009. Sections 19 & 25 reads as follows:

"19. Norms and standards for school.—

(1) No school shall be established, or recognised, under section 18, unless it fulfils the norms and standards specified in the Schedule. $10$

(2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement.

(3) Where a school fails to fulfil the norms and standards within the period specified under subsection (2), the authority prescribed under sub-section (1) of section 18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof.

(4) With effect from the date of withdrawal of recognition under subsection (3), no school shall continue to function.

(5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.

25. Pupil-Teacher Ratio I-

(1) 1 [Within three years] from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the Pupil-Teacher Ratio, as specified in the Schedule, is maintained in each school.

(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than those specified in section 27."

THE SCHEDULE (See Sections 19 and 25) Norms and Standards for a School

Item	Norms and Standards
Number of teachers	Admitted children	Number of teachers
(a) For First class	Upto Sixty	Two
to 5 <sup>th</sup> Class	Between sixty-one to ninety	Three
	Between ninety one to one hundred and twenty	Four
	Between one hundred and twenty one to two
	hundred <sup>5</sup>	Five
	Above one hundred and fifty children
	Above two hundred children	Five Plus one Head Teacher
		Pupil-Teacher Ratio
		(Excluding Head Teacher)
		shall not exceed forty
(b) For Sixth class to	(1) Atleast one teacher per class so that there
eighth class	shall be at least one teacher each for
	(i) Science and Mathematics;
	(ii) Social Studies;
	(iii) Languages
	(2) At least one teacher for every thirty five
	children
	(3) Where admission of children is above one
	hundred-
	(a) A full time head-teacher
	For
	Health and Physical<br>(A)
	Education
	(B)<br>Work Education

Sri N. Subba Rao, learned Senior Counsel appearing for Sri M. Devi 8. Prasad, while adopting the arguments of Sri M. Gangaiah Naidu, learned Senior Counsel, submits that, G.O.Ms.No.59 dated 22.06.2023 is in violation of Rule 10 (12) & (17) of the Rules, 1993, and now the exercise of rationalization of service of the teachers in private educational institutions by way of G.O.Ms.No.59 dated 22.06.2023 is nothing but taking away all the teachers in private schools without observing two years towards Pupil-Teacher ratio and without keeping minimum two teachers in a school, as per Sections 19 & 25 of the Right to Education Act, 1982, amounts to closure of the private aided schools. In such an event, it requires prior notice to the concerned management of the institution for making institution for rejection or withdrawal of the total strength of the teachers.

On the other hand, learned Government Pleader for Education 9. submits that the impugned G.O is issued in concurrence with Sections 19 & 25 of The Right of Children to Free and Compulsory Education Act, 2009 and also in furtherance of the orders of this Hon'ble Court in W.P.No.30927 of 2022 & batch dated 05.01.2023, wherein this Court issued the following directions:

"In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions :

i) The respondent-authorities are hereby directed to permit the petitioners-institutions to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009;

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ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies ;

iii) On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis ;

iv) If surplus staff are not available, the Competent authority shall inform the same and permit the petitionersinstitutions to fill up the vacancies in accordance with the above said Rule, preferably within a period of two (02) months;

$v$ ) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of Division Bench of this Court rendered in Modern High School, Zamisthanpur V. Government of Andhra Pradesh and Others 1 and Ester Axene Res. High School and Others V. State of Andhra Pradesh and Others

vi) The entire exercise shall be completed by the respondent-authorities within a period of three (03) months from the date of receipt of a copy of this order"

He further submits that, there is no violation of Rule 10 $(12)$ & $(17)$ of $10.$ the Rules, 1993, as the authorities have observed the Teacher-Pupil ratio for the academic year 2022-2023 and therefore, there is no violation of Rule 10 (12) & (17) of the Rules, 1993, so also, Sections 19 & 25 of The Right of Children to Free and Compulsory Education Act, 2009, as claimed by the petitioners herein.

$11.$ He further submits that, G.O.Ms.No.59 dated 22.06.2023 is issued to achieve the object of rationalization of the services of teachers working against Grant-in-aid posts in private aided schools and for filling-up vacant aided posts, basing upon the Teacher-Pupil ratio, as prescribed under Rule 10 (12) & (17) of the Rules, 1993 and Sections 19 & 25 of The Right of Children to Free and Compulsory Education Act, 2009. Therefore, the

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impugned a.O warrants nO interference at this juncture and requested time to ffle counter affidavit in' all these writ petitions.

12. Heard Sri M. Gangaiah Naldu,learned Senior Counsel appearing for sri N. Bharat Babu, Sri N. Subba Rao, 1earnC¥d Senior Counsel appearing I -for sri M. Devi Prasad, Sri T.R.S. Kumar, Sri N. Siva Reddy and Sri C. Sunil Kumar Reddy for the petitioners and leaned Cover-nment Pleader for Education .

13. On. perusal of the material available on record, it is observed that G.O.Ms.No.59 dated 22.06.2O23 is issued for rationalization of the services of teachers working against Grant-in-aid posts in priva.te aided schools andnorms to be followed ,for filling up of vacant aided teacher POStS. Guideline No.8(iv) of the said a.O says that the District Educational Officer, shall work out the requirement of teachers in-each private aided school as her the staff pattern norms indicated, taking into consideration adopting the UDISE of that p'articular academic year for this purpose. Similarly Guideline No.8(v) says that the requirement Of the teacher Of that Particular institution/school is based on the UDISE data only.

14. On reading of both the clauses i.e. Guideline Nos.8(iv) a 8(v), they are contrary to Rule lO(17) of the Rules, 1993, for the reason th_at two years data of the Teacher-Pupil Ratio should be taken into consideration for determination of staff pattern in private aided schools. Therefore, Guideline N`os.8(iv) a 8(v) of a.O.Ms.No.59 dalted 22.06.2O23 are contrary to Rule 10(17) of the Rules, 1993.

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15. Further, Rule lO(12) of the Rules, 1993 as well as Sections 19 a 25 I of The Right of Children to Free and Compulsory Education Act, 20O9 contemplates that the Teacher-Pupil Ratio should be maintaimed in every school as per the determination. But, Guideline Nos.8(i) a (iii) are contrary to the object of Sections 19 a 25 of The RIght of Children to Free and /gr' compulsory Education Act, 2OO9, as well as Rule 10 (12) of the Rules, 1993, for the reason that, if the strength is increased in any private educational institution, as per the determination for two academic years, the petitioners herein are liable to increase or rationalize the staff pattern. But, Guideline Mos.8(i) a (iii) are contrary to the object of sections 19 a 25, the Schedule contained therein, of The Right of Children to Free and Compulsory Education Act, 2009.

16. Indeed, as per the schedule contained in sections 19 a 25 of The Right of Children to Free apd Compulsory Education Act, 2OO9, it is j`. stipulated that a school must have a minimum of two teachers for the children enrolled up to a total of sixty students. This requirement ensures that no school should operate with just a single teacher, and every school should function with a minimum of two teachers to meet the educational needs of the students adequately. Therefore, the Teacher-Pupil ratio as contemplated under a.0.Ms.No.59 dated 22.O6.2O23 is contrary to the Schedule contained in sections 19 a 25 of The Right of Children to Free and Compulsory Education Act, 20O9

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17. Hence, for the reasons >stated above andon perusal of the provisions ,, mentioned above, G.O.Ms.No.59 dated 22.06.2O.23 is not in accordance with Rule 10 (12) a (17) of the' Rules, 1993, Sections 19 a 25., the Schedule contained therein of The Ri,ght of Children to Free and Cornpulsory Education Act, 20O9. I.-I

18. Accordingly, there shall be an interim suspension of a.O.Ms.No.59 dated 22.06.2023 and Memo No.BSEO,2-17024/ 1/2O23-PS-1/CSE dated o4.O7.2023 & Memo No.ESEO2-17O24/1/2023-PS-1/CSE-Part(1) dated 16.07.2`023, until further orders.

l9. Post after three (O3) weeks for filin,g counter affidavit(s).

For

SECTION OFFICE+R

Sd/-B. CHITTI JOSEPH ` ASSISTANT REGISTRAR i!STRAR

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1. The Principal Secretary fo Govt., School Education Department, State of Andhra Pradesh, AP Secretariat. velagapudi, Amaravathi, Guntur district, AP.

/ITRUE COPY//

• 2. Commissioner of school Education, Government of AP, Sri Anjaneya Towers, Road No. 7-104, BBlock, 4th Floor, N.T.T.P.S. Road, lbrahim patnam, Vijayawada, Krishna Dt. PIN -521456
• 3. RegI-Onal Joint director of school Education, PragathiBhavan, Koti Reddy Circle, Kadapa -516001, YSR District, AP.
• 4. District Educational officer, o/o DEO, Oppos,'te New€oIIectorafe, Rims Road, Kadapa, YSR Kadapa dI-Striet.
• 5. The Regional Jol'nt Director, School Education, Gtlntur.
• 6. The District Educational Officer, Guntur. Guntur Dl'strict.
• 7. The District Educational Officer, Bapatla, Bapatla Distr,'ct.
• 8. The District Educational officer,prakasam, prakasam District.
• 9. The Deputy Educational officer, Guntur, Guntur Djstrl-ct.

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10. The Deputy Educational Officer,Mackapuram, prakasam District.

11. The Deputy Educational Officer, Purchur, Bapatla District. 12. The Mandal Educational Officer, Bapatla, Bapatla District. 13. The Mandal Educational Officer, Guntur, Guntur District. 14. The Mandal Educational Officer, Ongole, Prakasam District. 15. The Mandal Educational Officer, Komarolu, Prakasam District. 16. The Mandal Educational Officer, Giddaluru, Prakasam District. 17. The District Educational Officer, Kadapa 516 001, YSR District. 18. The District Educational Officer, Rayachoty 516 269, Annamayya District. 19. The District Educational Officer, Nandyal 518 501, Nandyal District. 20. The District Educational Officer, Guntur 522 001, Guntur District. 21. The Mandal Educational Officer, Nagaram, Bapatla District. 22. The Mandal Educational Officer, Repalle, Bapatla District. 23. The Mandal Educational Officer, Cherukupalli, Bapatla District. 24. The Mandal Educational Officer, Ponnur, Bapatla District. 25. The Mandal Educational Officer, Nizampatnam, Bapatla District. 26. The Regional Joint Director of School Education, Collectorate Compound, Guntur, Guntur District. 27. The Regional Joint Director of School Education, Kadapa, BC Co-Operative Society, Nagarajupet, Kadapa. 28. The District Educational Officer, Cuddapah District, Cuddapah 29. The District Educational Officer, Nandyal District, Nandyal(1 to 29 by RPAD) 30. One CC to SRI. C SUNIL KUMAR REDDY Advocate [OPUC] 31. One CC to SRI. N SIVA REDDY Advocate [OPUC] 32. One CC to Sri TVS Kumar, Advocate [OPUC] 33. One CC to SRI. DEVI PRASAD MANGALAPURI, Advocate [OPUC] 34. One CC to Sri. N Bharat Babu, Advocate [OPUC]

12. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] 36. One spare copy.

MSB

$\mathbb{E}[\mathcal{E}]$

$\label{eq:1} \mathcal{L} = \mathcal{L} \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L} \right) \left( \mathcal{L$

$\mathcal{A} \in \mathcal{A}$

$\mathcal{L} = \mathcal{L} \times \mathcal{L}$

$\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{$

$\mathcal{O}(\mathcal{O}(\log n))$ $\mathcal{A}^{\mathcal{A}}_{\mathcal{A}}$

HIGH COURT

NV,J

DATED:03.08.2023

COMMON ORDER

POST AFTER THREE (03) WEEKS FOR FILING COUNTER AFFIDAVIT

WP Nos: 16956, 17146, 18182, 17580, 17591, 17809, 17581 OF 2023

INTERIM DIRECTION