NETAJI MEMORIAL EDUCATIONAL SOCIETY Vs. THE GOVT. OF A.P., THE COMMISSIONER OF DIRECTOR OF SCHOOL EDUCATION, THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION AND THE DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) THIS batch of writ petitions is disposed of through this common order, as the same question is involved in all these writ petitions. The petitioners in these cases are the management of private schools. They seek for a Writ of Mandamus to declare that Memo bearing No. 12080/COSC/A2/2004 -4, dated 20.10.2004 issued by the first respondent is illegal and arbitrary and violative of Articles 14, 19 and 45 of the Constitution of India, that the norms fixed for staffing pattern for primary schools through G.O.Ms. No. 39, Education, dated 03.05.2002 is irrational, arbitrary and detrimental to the interest of the students, that norms issued through G.O.Ms. No. 103, dated 05.08.2005 is violative of Article 19(1)(g) and contrary to Sections 46 and 99(2) of the Andhra Pradesh Education Act, 1982 (Education Act, for short) and Rule 10(17) of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 (1993 Rules, for short) and consequently to direct the respondents to accord permission to the members of the first petitioner -association to fill up the vacant aided posts in the interest of imparting better education in the private schools.

(2.) THE petitioners, however, confined their claim to Memo No. 12080/COSC/A2/2004 -04, dated 20.10.2004 (the impugned Memo, for short) issued by the Education Department regarding the ban after creating or filling up of existing vacancies in the private educational institutions except with the prior authorization of the Government.

(3.) IT may be noticed that the impugned Memo was issued by the Principal Secretary to Government School Education pursuant to the minutes of the High Level Meeting conducted by the Chief Minister on 08.10.2004 at 3.30 p.m. Point No. 17 of High Level Meeting is also extracted below: