ORDER:

This writ petition is filed under Article 226 of Constitution of India seeking following prayer:

“to declare the action of the 2^nd respondent issued an impugned order Rc.No.3762/A3/B5/2024, dated 16.01.2025, wherein it was informed to the petitioner that under work adjustment of surplus aided teachers into the needy Aided Schools in Nandyal District proposed the petitioner Deputation to SRKGV Aided HS Mahanandi as per G.O.Ms.No.59, School Education (PS) Department, dated 22.06.2023, as illegal, arbitrary, unjust, discriminatory and violative of Article 14 of the Constitution of India and consequently set aside the same and direct the Respondents to permit the petitioner herein to continue in service as a school teacher in the present school i.e., St. Mary Fathima HS, Nandyal and pass such other orders.”

2. Heard Sri K.Haranadha Raju, learned counsel for petitioner and learned Assistant Government Pleader for School Education for the respondents.

3. Petitioner is working as Secondary Grade Teacher in 7^th respondent school and has put in 33 years of service. After petitioner got appointed, two more persons, namely Sri V.Shaik Shavali, got appointed in the year 2000 and Smt.G.Mary Louisa, got appointed in the year 2012 and both are juniors to him. By impugned proceedings vide Rc.No.3762/A3/B5/2024, dated 16.01.2025, 2^nd respondent issued orders under the guise of working administration of surplus aided teachers into the needy aided schools in Nandyal District, whereby petitioner has been posted on deputation at SRKGV Aided High School, Mahanandi. Petitioner being aggrieved by such deputation filed present writ petition.

4. Learned counsel for petitioner submits that in terms of G.O.Ms.No.59, School Education (PS) Department, dated 22.06.2023, Government issued orders by stipulating norms to be followed for filling up vacant aided teacher posts besides guidelines to be adopted. In terms of clause 8(vii) of said G.O., it has been stipulated that while undertaking rationalization exercise with respect to upper primary schools and high schools and whenever transfer of surplus teachers from one school to another school is contemplated, the same shall have to be done first by seeking options from willing teachers in affected school and failing which, as a second option, the transfers should be effected from junior most in the category of the post concerned in that school. Petitioner has not given any such willingness and when there were two juniors, question of transferring petitioner instead of first exhausting juniors does not arise.

5. Learned Assistant Government Pleader has placed on record written instructions dated 04.04.2025, inter alia stating that petitioner though has been transferred in pursuance to impugned proceedings has not yet been relieved from duty and further that there are two more Secondary Grade Teachers namely Sri V.Shaik Shavali and Smt.G.Mary Lousia, who are juniors. Since petitioner is found to be surplus at 7^th respondent school has been proposed to be deputed to SRKGV Aided High School, Mahanandi and tried to justify the impugned proceedings.

6. G.O.Ms.No.59, dated 22.06.2023, which stipulates guidelines for regularization of the services of teachers working against grant-in-aid posts in private colleges, in particular dealing with transfer of surplus teachers, reads as under:

“8. The following guidelines shall be adopted for rationalization of the services working against Grant-in-aid posts in private aided schools:-

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vii. Whenever a transfer of surplus teacher in a school is called for as per the rationalization exercise under these guidelines, the same shall be done in the first instance by obtaining options of the willing teachers in the affected school, failing which such transfer shall be done starting from the junior most in the category of post concerned in that school. If a category of post covers 2 or more subjects as in each of SA(Sci) or SA(Maths/Science) or SA (Humanities), etc., the junior