K.Suresh Kumar vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Education )
Before:
Hon'ble D.V.S.S.Somayajulu
Listed On:
24 Sept 2021
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY FOURTH DAY OF SEPTEMBER,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 21330 OF 2021
Between:
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- K.Suresh Kumar, S/o.Satyanarayana.
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- N.Koteswari, W/o.N.M.Ravi Kumar.
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- M.Ravi Kumar, S/o.Apparao.
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- J.V.S.R.Patnaiak, S/o.Venkata Ramana.
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- Duppala Apparao, S/o.Begenna.
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- Panchadi Satyavathi, W/o.P.V.Suryanarayana.
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- S.K.D.Manikyamba, W/o.K.V.Rammohan.
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- M.K.Maruthi Rao, S/o.Krishna Rao.
AND
...Petitioners
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- The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
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- The Director of School Education, Andhra Pradesh, Ibrahimptnam, Krishna
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- The District Educational Officer, Srikakulam, Srikakulam District.
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- The District Educational Officer, Ananthapur, Ananthapur 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 For the reasons stated in the accompanying Affidavit, the Petitioner herein respectfully pray that this Hon'ble Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the 2nd respondent in issuing proceedings vide Rc.No.13029/11/2021-EST 3 dated 31.08.2021, wherein he has not directed the District Educational Officers in the State to notify all clear vacancies as on 31.08.2021 as per guideline No. 11 of G.O.Ms No. 54 School Edn (Services.II) Department dated 12.10.2020 and consequential action of respondents 3 and 4 herein in conducting counseling without notifying all clear vacancies is illegal, arbitrary, unjust and contrary to G.O.Ms No. 54 School Edn (Services.II) Department dated 12.10.2020, the final orders passed by this Hon'ble Court in Writ Appeal No. 80 of 2021 and batch dated 01.04.2021 as well as the final orders passed by this. Hon'ble Court in WP No 11631 of 2021 and batch dt.14.07.2021 and consequently direct the respondents to proceed with the counseling by notifying all clear vacancies as on 31.08.2021 including death, retired, vacancies arising due to compulsory transfer as per guide line No.2 and resultant vacancies arising during counseling in accordance with guideline No. 11 of GO.Ms No.54 dated 12.10.2020. 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 grant stay all further proceedings in pursuance of the Memo Rc.No.13029/11/2021-EST 3 dated 31.08.2021 of the 2nd respondent by directing the respondents to issue re-posting orders in favour of the petitioners enabling them to continue in old stations where they have worked before transfer counseling held in the month of June, 2021, pending disposal of WP 21330 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 P Durga Prasad,
Advocate for the Petitioners, GP for Services-III for the Respondents, the Court made the following. ORDER
"List on 01.10.2021 along with WP.No.20124 of 2021.
In view of the fact that the orders have been granted in WP.No.20124 of 2021 for similarly situated petitioners, the interim direction granted in that matter shall also apply to the petitioner in these matters."
IITRUE COPYII
Sd/-K.TataRao ASSISTANT REGISTRAR SECTION OFFICER
To,
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- The Principal Secretary, School Education Department, Secretariat, Velagapudi, State of Andhra Pradesh, Amaravathi, Guntur District.
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- The Director of School Education, Andhra Pradesh, Ibrahimptnam, Krishna District.
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- The District Educational Officer, Srikakulam, Srikakulam District.
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- The District Educational Officer, Ananthapur, Ananthapur District (1 to 4 by RPAD)
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- One CC to Sri P Durga Prasad Advocate [OPUC]
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- Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT]
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- One spare copy
SP
HIGH COURT
$\hat{\mathbf{S}}$
DVSSJ
DATED: 24/09/2021
LIST ON 01.10.2021 ALONG WITH WP.NO.20124 OF 2021
ORDER
WP.No.21330 of 2021
INTERIM DIRECTION