K C HIGH SCHOOL KORTHAREDDYPALEM GUNTUR Vs. GOVT OF ANDHRA PRADESH EDUCATION DEPARTMENT SECRETARIAT SAIFABAD HYDERABAD

JUDGEMENT

(1.) In this batch of Writ Petitions filed by the private managements of Primary and Secondary Schools and their Associations, the vires and validity of Rule 15 of the Rules framed by the State Government in G.O.Ms.No. 524 (Education, Rules) dated 20-12-1988 in exercise of the powers under the Andhra Pradesh Education Act, 1982 has been challenged. These Rules are known as Andlira Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools) Rules, 1988. Though in some of the Writ Petitions certain other Rules viz., Rules 5, 9 and 16 have also been challenged, the arguments were confined to Rule 15 only. Apart from challenge to Rule 15, in some of the Writ Petitions, a declaration is sought that Rule 15 has no application to the filling up of vacancies of teachers which arose before the promulgation of the Rules. Some of the Writ Petitions are filed by the private Managements of the Schools questioning the non-approval of the appointments made to the posts of teachers. The competent Educational authority declined to grant such approval on the ground that the procedure under the impugned Rule (Rule 15 of G.O.Ms.No.524) had not been followed while making such appointments. That has led to the challenge to Rule 15. Inter alia, it is contended in these Writ Petitions, that the appointments made during the period when the G.O. was suspended by this Court by interim orders are saved from the rigour of Rule 15 and such appointments ought to be approved by the competent authority.

(2.) In some of the Writ Petitions, interim directions were granted not to insist upon the conditions prescribed in Rule 15 in the matter of appointment of teachers. In some of the Writ Petitions, interim directions were granted to the effect that the respondents should not take any action against the petitioners pursuant to G.O.Ms.No.524. In some of the Writ Petitions, either no interim orders were granted in favour of the petitioners or the interim directions granted initially had expired by efflux of time or they were vacated. Some of the Writ Petitions are filed by minority educational institutions who seek aid from the Government for operating the posts of teachers in their respective schools. The conditions stipulated in the aforementioned Rules have to be fulfilled by the minority educational institutions as well if they want to have financial aid from the Government.

(3.) The contentions raised in the affidavits filed in support of Writ Petitions are, firstly, with regard to vires and constitutional validity of the Rule and secondly with regard to the applicability of the Rule. Arguments were also addressed on the question whether in the face of communications issued by the D.E.Os. of Guntur and Krishna that the procedure of sending a requisition to the Employment Exchange would be applicable only to those institutions employing staff of more than 25, the appointments made in the interregnum between publication of Rules and the clarification to the contra received subsequently are saved.