IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Dated this the 25^th day of March, 2026 WRIT PETITION No.22687 of 2006 Between:

Mohd. Mustafa Ali .. Petitioner AND The Government of Andhra Pradesh represented by its Secretary, Education (SE.PS.I) Department, Secretariat, Hyderabad and four others.

.. Respondents

ORDER:

The present Writ Petition is filed to set aside the Memo No.1175/PS.I/A2/2003, dated 13.02.2006, and consequently to declare that the petitioner is entitled to be absorbed in the grant in aid post of Secondary Grade Teacher, which he has been holding with effect from 17.09.1998 in the 5^th respondent High School with all consequential benefits.

2. Heard Ms. Mukkera Sahithi Sri Kavya, learned counsel for the petitioner and learned Government Pleader for School Education appearing for the respondents. Perused the record.

3. Brief facts of the case are as follows:

(a) Petitioner was originally appointed as a Secondary Grade Teacher in an un-aided post on 16.06.1986 in the 5^th respondent. As on that date, G.O.Ms.No. 524 Education, dated 20.12.1988 was not in existence. There were no rules at all governing the un-aided post at the time when the petitioner was appointed as a Selection Grade Teacher in the 5^th respondent. Moreover, the School in which, petitioner is working is a Minority Institution. The Minority Institution need not seek approval for all appointments made in the un-aided posts. The petitioner is fully eligible and qualified to hold the post of a Secondary Grade Teacher.

(b) While so, one Sri Mohd. Alluddin Sanjari, who was working as a Secondary Grade Teacher in a Grant-in-aid post in the 5th respondent High School, was promoted as a School Assistant, which is a Grant-in-aid post with effect from 01.09.1998 and the same was also approved by the Regional Joint Director of School Education, Warangal, vide Proceeding Rc.No.3687/B1/2000 dated 02.01.2002. As the post of Secondary Grade Teacher (Grant-in-aid) fell vacant to avoid dislocation of work, the Management of the 5th respondent High School by its proceedings in Rc.No.Wpl/98-99, dated 16.09.1998 posted the petitioner to Grant-in-aid post of Secondary Grade Teacher as per resolution of the Managing Committee of the 5^th respondent High School. Accordingly, the petitioner joined in the post of Secondary Grade Teacher (Grant-in-aid) on 17.09.1998.

(c) The 5^th respondent High School addressed the District Educational Officer, Warangal, vide its Lr.No.1/Spl/1998-99, dated 17.09.1998 to ratify the action taken by it. The Regional Joint Director of School Education, Warangal, by his Letter in Rc.No.8358/B1/2001, dated 03.01.2002 recommended the petitioner’s case to the Commissioner & Director of School Education, who in turn recommended the Government by Lr.Rc.No.3354/D33/02 dated 15.01.2003.

(d) As stated supra, petitioner’s appointment to the un-

aided post was prior to issuance of G.O.Ms.No.524. Therefore, securing prior approval of the competent authority as per GO.Ms.No.524 does not arise. The Government by Memo No.1175/PS.I/A2/2003 dated 13.02.2006 rejected the proposal of the Director of School Education for the petitioner’s being absorbed in the aided post of Secondary Grade Teacher in 5th respondent High School.

4. Learned counsel for the petitioner submits that the impugned Memo does not disclose as to what action of the Management was not in accordance with the rules. Due to exigencies of service and to avoid dislocation of work, the petitioner is now being continued in the grant-in-aid post, but the petitioner is not allowed to draw the salary in the aided post as the proposal has not been approved by the Competent Authority. Accordingly, prayed to allow the Writ Petition.

5. Learned Government Pleader for respondents filed a counter affidavit by contending that as on the date of appointment of the petitioner, the rules for Establishment Administration and control of private schools rules 1985 issued