2026:APHC:8119 APHC010231042006 Bench Sr.No:-31 IN THE HIGH COURT OF ANDHRA PRADESH [3506]

AT AMARAVATI WRIT PETITION NO: 22063 of 2006 P. Balaswami ...Petitioner Vs.

Government of A.P., rep. by its Secretary, Education ...Respondent(s)

Department and Others **********

Advocate for Petitioner: Sri N. SRIHARI Advocate(s) for Respondent(s): GP FOR EDUCATION, GP FOR SCHOOL EDUCATION CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 18th February 2026

ORDER:

Present writ petition is filed seeking the following relief:

“…to examine the records relating to Memo No.11829/PS-

II/2002 Education (PS-2) Department, dated 22.9.2006, declare that as on today no order of the Government is in force in respect of the procedure to be followed in appointing teaching staff in an aided vacancy in a Minority Educational Institution, including G.O.Ms.No.1, Education Department, dated 01.01.1994, declare that the order of ban dated 20.10.2004 does not apply to the petitioner’s case, further declare that the inclusion of a government nominee in the staff Selection Committee constituted by a Minority Educational Institution is violative of Article 30 (1) of the Constitution of India, and consequently, issue a writ of Mandmaus, or any other appropriate writ, order or direction, directing the respondents 1 to 4 to approve the appointment of the petitioner, ratify the same with effect from 30.11.96 and release his salary from the said date, and pass such other order or orders.”

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2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for School Education appearing for the respondents.

3. Learned counsel for the petitioner, while reiterating the assertions made in the affidavit filed in support of the writ petition, contended that inasmuch as petitioner has been continuously working with the 5^th respondent School, he is entitled to be continued by recognising his appointment to be in consonance with the G.O.Ms.No.1, Education (P.S.2) Department, dated 01.01.1994. further, as the 5^th respondent School being minority educational institution, the requirement of having Government nominee in the selection board is not mandatory, therefore, the selection and appointment of petitioner in 5^th respondent School has been done validly.

4. Learned Assistant Government Pleader for School Education, appearing for the respondents 1 to 4, on the other hand, has placed on record proceedings, dated 16.07.2025, issued by the 3^rd respondent by which the representation of the petitioner came to be considered in terms of interim orders, dated 21.03.2025, and the same has been rejected. It is stated that on verification of records and also the information that was elicited from 5^th respondent School reveal that writ petitioner was not in service for substantial period of time, i.e. petitioner

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2 6:APHC:8119 absconded for about 10 years after 1994 and later secured fresh appointment order on 19.04.2018, however, once again, he absconded from duties from 20.04.2018. Since the initial appointment made was on temporary basis, question of treating petitioner’s appointment on regular basis would not arise.

5. The said stand was duly fortified by the counter-affidavit filed by the 5^th respondent as lately as in the month of January, 2025.

6. Having regard to the aforesaid submissions, considering the fact that the writ petitioner no longer continues to work with the 5^th respondent School for whatever reasons, the prayer made in the writ petitioner cannot be adjudicated.

7. Accordingly, the writ petition stands dismissed. No order as to costs.

As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.

_____________________________ JUSTICE CHALLA GUNARANJAN Date:18.02.2026.

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