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2013 Supreme(AP) 953

High Court of Andhra Pradesh
K.G. SHANKAR, J.
Busi Jyothirmay & Others
Versus
Govt. of A.P., Rep. by its Prl. Secretary, School Edn. Dept. & Others
Writ Petition Nos. 29561, 29716, 30254 & 30435 of 2013
Decided On: 7-11-2013

Advocates appeared:
For the Petitioners:C.V. Mohan Reddy, Senior Counsel, V. Ravichandran, M. Panduranga Rao, Advocates.
For the Respondents:Addl. Advocate General.

Headnote:

Constitution of India, 1950 – Articles 21, 37 – Right of Children to Free and Compulsory Education Act, 2009 – Educational Laws – Scheme is envisaged to provide education for Elementary and High Schools – Expenditure is to be shared at 75% by Union of India and 25% by Government of Andhra Pradesh – Schools were sanctioned in the Mandals where women literacy is less than national average – Schools were initially started in 2004 in 87 Mandals. Later, 743 Mandals were identified – Held, To safeguard interest of children as well as interest of State and at same time noting inconvenience that petitioners would be put to if they are transferred in the middle of academic year, it would be appropriate to direct the official respondents to continue the petitioners in their respective positions till the end of the academic year and to give effect to the Notifications thereafter only – Court is not able to conclude that the attempt on the part of the 4th respondent-AP KGBV Society to fill up the posts of Special Officers with temporary direct recruit candidates is violative of Article 14 or Article 21A of the Constitution of India to interfere with the policy decision of the Government – Writ Petitions Disposed of (Paras 34, 35, 36)

JUDGMENT

1. These 4 writ petitions are disposed of through this common order as the cause of action as well as the questions of fact and law involved are similar if not identical in all the cases. For the purpose of brevity and clarity, I shall refer to Writ Petition Nos.29561, 29716, 30254 and 30435 of 2013 as petition Nos.1 to 4 respectively.

2. As many as 12 persons filed the 1st writ petition out of whom petitioner No.11 is a male person. Rest of the persons are females. The 2nd writ petition was laid by 23 persons all of whom are females. The 3rd writ petition is by 16 persons; only petitioners 12 to 16 are women. The rest are male persons. In the last writ petition being the 4th writ petition, all the 12 petitioners are females. It became necessary to refer to the sex of the petitioners as it has some relevance in the case. The petitioners in the 1st writ petition seek for a Writ of mandamus to declare Notification dated 11-9-2013 issued by the respondents calling for applications to fill up the posts of Special Officers on contractual basis for a period of one year which posts are held by the petitioners on deputation on the terms of foreign service as illegal and violative of guidelines issued under G.O.Ms.No.59, School Education (SSA) Department, dated 22-8-2007 and to direct the respondents not to disturb the petitioners from their service as Special Officers of Kasturba Gandhi Balika Vidyalaya (KGBV, for short). Identical prayer is made in the 2nd writ petition. In the 3rd writ petition, the petitioners sought for a mandamus to declare the action of respondents 3 and 4 therein to recruit Special Officers for KGBV Schools through Notification dated 12-9-2013 and 11-9-2013 as illegal and for a direction to continue the petitioners as Special Officers in KGBV Schools in Medak, Mahabubnagar and Kadapa Districts with all consequential benefits. In the last writ petition, a Writ of mandamus is sought to declare Notification dated 11-9-2013 as illegal. Thus, in all the cases, Notification dated 11-9-2013 is questioned whereas in the 3rd writ petition, Notification dated 12-9-2013 is also questioned.

3. More or less the facts are common. Government of India introduced a scheme called KGBV in 2004 for setting up of schools with boarding facility for girl children primarily belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes Communities as well as Minorities in educationally backward areas. The institutes are meant for out-of-school girl children such as those who never enrolled themselves or dropouts of the school. As many as 743 KGBV Schools became fully operationalised in the State to educate children up to X Class.

4. The scheme is envisaged to provide education for Elementary and High Schools. The expenditure is to be shared at 75% by Union of India and 25% by Government of Andhra Pradesh. Schools were sanctioned in the Mandals where women literacy is less than national average. The schools were initially started in 2004 in 87 Mandals. Later, 743 Mandals were identified.

5. The Government of Andhra Pradesh decided to confer management of the schools upon Societies like Andhra Pradesh Residential Educational Institutions Society, Andhra Pradesh Backward Classes Welfare Residential Educational Institutions Society and Andhra Pradesh Tribal Welfare Residential Educational Institutions Society. The respondents constituted a Society styled as Kasturba Gandhi Balika Vidyala Society. Proceedings were initiated to put the management of all the schools with the 4th respondent-Society. It would appear that KGBV Society was instituted in terms of Article 21A of the Constitution of India as well as the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, for short). The Government of Andhra Pradesh took a decision to entrust the management of KGBVs to the existing Government Residential Schools Society through orders in G.O.Ms.No.59, School Education (SSA) Department, dated 22-8-2007. T













































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