KESHAV MEMORIAL EDUCATIONAL SOCIETY HYDERABAD Vs. GOVERNMENT OF ANDHRA PRADESH EDUCATION DEPARTMENT HYDERABAD

JUDGEMENT

(1.) This is yet another case to establish the fact that the Executive in the State is passing orders without application of mind and without reference to the rule position whereby the lives of the citizens of this Country are made miserable.

(2.) Chapter XIV of the Andhra Pradesh Education Act, 1982 (for short 'the Act') deals with payment of salaries and allowances to and disciplinary action against employees of private institutions. Under Section 79 of the Act, no teacher or member of the non-teaching staff employed in any private institution shall be dismissed, removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. The proviso to Section 79 says that no order of dismissal, removal or reduction in rank shall be passed under this sub-section against an employee other than an employee of a minority educational institution without the prior approval of such authority or officer as may be prescribed for different classes of private institutions.

(3.) Way back in the year 1995 in the case of Rev. Joseph Thumma v. Dist. Educational Officer, 1995 (2) An.WR 117, this Court has taken the view that as the Government did not nominate the competent authority under Section 79 of the Act, the question of taking prior approval before passing an order of removal or dismissal does not arise. Having taken the said view, the order of the appellate authority in that case, whereunder the appeal preferred by the employee was allowed, was set aside. The view taken in the above case was followed in Vemuri Ramakania Sarma v. Adarsha Vidya Samithi, 1996 Lab IC 1805. Thereafter, the Government seemed to have issued G.O. Ms. No.377-Education (Ser.V) Dept., dated 17-11-1997 in exercise of the powers conferred on it under Section 99 read with Sections 20, 21, 79, 80 and 83 of the Act, whereunder competent authorities were nominated to various classes of institutions. But the Government as well as its subordinates have forgotten about this G.O. completely. In fact, even the Government Pleader was not made known about the orders issued by the Government with the result when a similar case has come up before this Court, a Division Bench affirmed the earlier view in its judgment in Sri Vani Upper Primary School v. Secretary to Govt., 1999 (1) ALD 260 - 1999 (1) ALT 225, as the said G.O was not brought to the notice of the Court.