GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
SCHOOL EDUCATION (PS) DEPARTMENT
G.O.MS.No. 40
Dated: 30-06-2017
Read the following:-
1. Govt.,
Memo.No.12080/COSE/A2/2004-4,Education(CoSE)Deptt.,dated 20.10.2004.
2. Govt.,
Memo.No.8544/PS-1/2005-3,dated 14.11.2005.
3. Hon’ble Court orders
in WP No.9503 of 2005 and batch dated 30.07.2013.
4. Interim orders of the
Hon’ble High Court of A.P.In W.P.M.P.No.663/14 W.A.No.216/14 (filed against
W.P.No.9503/05), dated 25.02.2014.
5. Hon’ble Apex Court
orders in S.L.P.No.8547 of 2014,dated 14.09.2015.
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ORDER:-
In the reference 1st read
above, orders have been issued by the Government imposing ban on creation/
filling up of existing aided posts in the aided Schools/Institutions. Further,
it was clarified that the above ban is applicable to promotions and appointment
on compassionate grounds in Aided School, vide reference 2nd read above.
2. Whereas, certain Aided
School Managements have approached the Hon’ble High Court of A.P, by filing
W.P.No.9503 of 2005 and batch ,challenging that the same is illegal, arbitrary,
violative of Constitution of India.
3. The Hon’ble High Court
of A.P in its order dated 30.07.2013 in W.P.No.9503 of 2005 and batch, while
allowing the Writ Petitions, has passed the following orders vide reference 3rd
read above.
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“Accordingly, these writ
petitions are allowed declaring that the impugned Memo in
Memo.No.12080/COSE/A2/2004-4 issued by the Principal Secretary to Government,
School Education, dated 20.10.2004 (first respondent) is illegal, arbitrary and
violative of Articles 14,21-A and 45 of the Constitution of India and direct
the respondents to accord permission to the petitioners
institutions to fill up
the vacant grant-in-aid posts in accordance with the Rules. The petitioners
have not agitated above the other reliefs sought for and the same are,
consequently, not granted. There shall however be no order as to costs.”
4. These orders were also
extended to the other Writ Petitioners (Managements), who filed by Writ
Petitions in the Hon’ble High Court of A.P:
5. Aggrieved with the
above orders of the Hon’ble Court, Govt., have preferred Writ Appeal Nos.
70/14,216/14,222/14,223/14 before the Hon’ble High Court of A.P. The Hon’ble
Bench vide reference 4th read above in its’ order dated 25.02.2014 in
W.A.M.P.No.663 of 2014 in WA No.216/14 (filed against W.P.No.9503 of 2005) have
made the following orders.
“While considering the
interim relief, we are of the view that absolute stay of operation of the
impugned judgment and order of the learned trial Judge will not be permissible.
The learned trial Judge has prima facie held that the ban imposed by the State
is not acceptable under the Constitution. However, this decision is under
scrutiny before us.
Therefore, considering the balance of convenience, we feel that the
respondent-management will be free to appoint teachers and for this purpose,
temporary permission must be granted within seven days from the date of receipt
of this order. This factum of granting permission should not be given
any weightage or
advantage in favour of the respondent at the time of hearing of the appeal.
Everything will abide by the result of the appeal. Once the permission is
granted, the respondent-management will be free to appoint teachers in
accordance with the rules and for the time being, the salary of the teachers
shall be borne by the management. It shall also be notified to the
appointees that this
appointment will be subject to the result of the appeal”. We pass this order
keeping in view the interests of the students at large. In the event, this
appeal fails and the judgment and order of the learned trial Judge is upheld,
then the appellants shall pay grant-in-aid as permissible
under the Rules with
interest at 9% per annum from the date of passing of the judgment of the
learned trial Judge. All points are kept open”.
6. The above orders were
also extended by the Hon’ble High Court of A.P in other W.A.Nos.222/14 and
223/14, dated 14.03.2014.
7. Further, Govt., have
approached the Hon’ble Apex Court by filing a S.L.P No.8547 of 2014 and
8430-28435/2014 against the above orders.
8. Whereas, with a view
to resolve the problem relating to Aided Schools including the ban Memo., a
Committee consisting of 3 officials and 3 non-officials (PRASMA) has been
constituted to give suggestions/recommendations to the Govt., to solve the
problem. The Committee in its’ report among other things, recommended for
withdrawal of ban Memo.also.
9. Subsequently, the Apex
Court in S.L.P. (C) No.(s) 8430-28435/2014 and 8547/2014,dated 14.09.2015 has
finally passed the following orders on the interim directions of the Hon’ble
High Court, dated 25.02.2014 in W.A.M.P.No.663 of 2014 in W.A. No.216/14 vide
dated 25.2.2014 and 222/14,223/14 dated 14.03.2014 and batch.
“The High Court has protected
the interest of the State by making it clear that the appointments, if any, are
to be made subject to the final result of the appeals pending before the High
Court. The High Court has also clarified that for the time being the salary
being paid to them shall also be subject to the final outcome of the appeals.
We do not find any merit in these special leave petitions which are accordingly
dismissed.”
10. Keeping in view of
the judgement of the Hon’ble Supreme Court of India, dated 14.09.2015, and to
avoid legal complications, Govt., permitted all the District Education
Officers/Regional Joint Directors of School Education in the state of A.P to
grant temporary permission to all the Managements of Aided Schools covered in
all court cases covered under the judgement of High Court of A.P in W.P.No.9503
of 2005 and batch, dated 30.07.2013, subject to outcome of W.Ps/W.As/SLPs etc.,
if any, on certain conditions vide Memo.No.18836/PS/A2/2010,dated 03.12.2016.
11. Government now, after
careful examination of the entire matter hereby decided and order to withdraw
the ban memo. issued in the reference 1st read above completely, with immediate
effect.
12. The Commissioner of
School Education, A.P, Ibrahimpatnam, is further informed that the
modalities for recruitment of the vacant aided teacher posts will be issued
separately.
13. The Commissioner of
School Education A.P,, shall take further necessary action in the matter.
(BY ORDER AND IN THE NAME
OF THE GOVERNOR OF ANDHRA PRADESH)
ADITYANATH DAS
SPECIAL CHIEF SECRETARY TO GOVERNMENT
