SCHOOL EDUCATION (PS) DEPARTMENT
G.O.MS.No. 37 Dated: 14-06-2021
Read the following:-
1. G.O.Ms.No.1, Education (PS.2) Department, dt:01.01.1994.
2. Interim orders issued in IA No.1 of 2018 in WP.1041 of 2018
dated 29-2-2020 of the Hon`ble High Court of Andhra Pradesh.
3. Letter.No.ESE02-17/544/2020-PS1- CSE, dated. 30-5-2021 of
the Director of School Education, A.P, Ibrahimpatnam
ORDER: –
In the Letter 3rd read above, the Director of School Education,
Andhra Pradesh has stated that the Private Recognized Aided School
Management Association, has approached the Hon’ble High Court by
filing WP.No.1041 of 2018,challenging the Memo.No.756924 /PS/ A2/
2017,Dated:12.09.2017 and consequential proceedings of the DSE
vide Rc.No.PS-I/2010, dated:12.09.2017 and the Proc.No. 90/PSI/2010-3,Dated:20.07.2017,pursuant to the note dated:09.09.2017.
2. In the reference 2nd read above, the Hon’ble High Court
issued interim orders in I.A.No.1 of 2018 in W.P.No.1041 of 2018
as extracted below:
“Therefore, while suspending the Memo No. 756924 /PS/A2/
2017, Dated:12.09.2017 by the 1
st
respondent and the
consequential Memo in Rc.No.PS-1/2010, dated:12.09.2017
issued by the 2nd respondent, there shall be interim direction
to the respondents 1 to 5 to commence the process of filling the
aided posts vacant in the aided institutions in the State of Andhra
Pradesh, pending disposal of the writ petition.”
3. Earlier, challenging the ban Memo. No.12080/COSE/A2/2004-
4, Dated. 20.10.2004, on creation/ filling up of aided posts,
WP.No.9503/2005 & batch of Writ Petitions filed and in pursuance of
the orders of the Hon’ble courts, Government have permitted all the
District Education Officers/Regional Joint Directors of School
Education in the state of A.P to grant temporary permission to all the
Managements of Aided Schools covered in all court cases covered
under the judgment of High Court of A.P in W.P.No.9503 of 2005 and
batch, dated 30.07.2013, subject to outcome of W.Ps/W.As/SLPs etc.,
of any on certain conditions vide Memo.No.18836/PS/A2/2010,
dated.03.12.2016.
4. Government, vide G.O.Ms.No.40, School Education (PS)
Department, Dated 30.06.2017, have withdrawn above ban Memo.dt.
20.10.2004, duly according permission to the institutions covered in
W.P.No.9503 of 2005 and batch (78 petitioners Managements) for
filling up of the aided posts on permanent basis, vide Memo. No.
18836/PS/A2/2010-34, dated 30.06.2017.
5. Pursuant to the above orders, the C&DSE, vide
Procgs.Rc.No.90/PS- I/2010-3,dated 20.07.2017, has issued certain
guidelines, for filling up of posts in aided schools covered under
W.P.No.9503/2005 and batch, and accordingly, aided posts filled in
(17) schools of W.P.9503/2005 & batch cases and (12) schools of
squarely covered cases
6. Owing to the orders passed in WP.No.9503 of 2005 & batch,
(316) petitioners filed WPs, with a plea to extend the orders issued
in 9503 and batch cases. The Hon`ble High Court issued orders
extending the judgment issued in W.P.9503/2005 and batch, to the
(209) petitioner schools also. Subsequently, certain other aided
managements have also been approaching the Hon`ble High Court
and getting similar orders.
7. As per Rule 12 (1) of the G.O. 1st read above, the educational
agency shall appoint staff as per the staffing pattern prescribed by
Government from time to time. Government prescribed teacher
pupil ratio 1:40 under Rule 10(12) of said G.O., for according
permission/ recognition to the private institutions and hence, it has
been taken into consideration to identify the need to fill up the aided
vacancies.
8. In compliance to the norms prescribed under Right to
Education Act, 2009 and the Rules issued in 2010, Government
issued norms prescribing staffing pattern in G.O.Ms. No. 40,
Education (SE/PS–1) Department dated. 18-06-2013 for aided
schools specifically and ordered that if any teaching and non
teaching posts are found surplus the same be rationalized within the
district among aided schools. But certain managements have
challenged the GO and the Hon`ble High Court issued interim orders
on 13-08-2013 in WP No.25319 of 2013 and in certain other
similar W.Ps that “ the rationalization may be proceeded in
accordance with and that however there shall be an interim direction
not to finalize the rationalization until further orders.” and in
another WP No. 25014/2013, the Hon’ble High Court passed orders
on 27-08-2013, “that the G.O.Ms No:40 Education dated: 18-06-
2013 does not apply to the petitioner’s institutions i.e., Minority
Institutions”. The said interim orders of the Hon`ble High Court are
still in force. Hence the School Education Department could not go
ahead with the staffing pattern as prescribed by G.O.Ms. No. 40,
Education (SE/PS–1) Department dated. 18-06-2013.
9. Government after due consultation, have observed that
promotions of teachers can not undertake in Aided Institutions either
in terms of G.O.Ms.No.9, School Education (Ser.II) Department,
Dated.23.1.2009 and G.O.Ms.No.11, School Education (Ser.II)
Department, dated 23-1-2009 or G.O.Ms.No.40, School Education
(SE.PS-I) Department, dated 18-06-2013, since the Hon`ble High
Court, seized the matter, and also observed that rationalization can
undertake in accordance with the G.O.Ms.No.40 dated 18-6-2013
but the same could not be finalized until further orders.
10. Since, further action as per G.O. Ms.No.40, School Education Department, Dated.18.6.2013 could not be taken up, the norms of Teacher-Pupil Ratio of 1:40 as per Rule 10(12) of G.O.1st read above, is being followed to fix the staffing pattern to fill up the aided vacancies at present
11. The private aided managements are under the impression that
they have a right to fill up all the vacant aided posts even though the
enrolment is not commensurate with the enrolment. The private
aided managements are ascribing the poor enrolment to the non
filling up of the teachers posts and that they are requesting to fill up
the posts first so that they would be able to show better performance.
While submitting the stand of the private aided managements, the
Director of School Education has brought it to the notice of the
Government that, there is a consistent declining trend in the
admissions in aided schools, is noticed over a period of time.
Whereas, the enrolment is increasing in the Government run schools
in the state and during the academic year 2020-21, there is an
overall increase of (5,26,484) children in the government schools
compared to previous year, i.e., 2019- 20 even though more number
of teaching posts are lying vacant in Government managed schools.
The enrolment in aided schools is decreasing even though the
Government has been extending midday meal, free textbooks,
notebooks, uniform, shoes, school bags etc., to the children studying
in the aided schools and even though financial assistance @
Rs.15,000/- is being extended to each unique mother of the
children studying in the aided schools under Jagananna
Ammavodi scheme. The Director, School Education has collected all
the basic data of all the private aided schools in April, 2021 and
after analysis it is found that this declining trend is due to the overall
poor performance of the aided institutions as most of them are not
having proper infrastructure facilities.
12. It is not essential to fill up all the sanctioned vacant posts in the
private aided schools without reference to the existing enrolment. If
posts are filled up without reference to the need it would result in
wastage of human and financial resource of the government. As per
Article 3 of A.P. Financial Code, the expenditure should not be prima
facie more than the occasion demands. Every Government servant is
expected to exercise the same diligence and care in respect of all
expenditure from public moneys under his control as a person of
ordinary prudence would exercise in respect of the expenditure of his
own money. If the Private Aided Management improves the
enrollment in the school in future by improving their overall
performance, the management may approach the government
through the competent authorities for permission to fill up the
sanctioned vacant posts from time to time. But seeking permission
to fill up all the sanctioned vacant posts irrespective of enrolment is
not feasible for consideration.
13. As per Rule 12 (1) of the GO 1st read above, the educational
agency is permitted to fill up the posts as per the sanctioned
staffing pattern approved by government from time to time and
this particular clause of ‘from time to time’ is incorporated in the
G.O. with the precise intention to regulate the filling up of the posts
based on need and enrolment from time to time. While according
permission to the educational agencies of the private aided
managements to fill up the posts, the norm of 1:40 as per Rule
10(12) of the G.O. 1st read above has to be followed, since no
further action can be proceeded as per GO.Ms.No.40, School
Education Department, Dated.18.6.2013 where the staffing pattern
was prescribed as per RTE norms.
14. The Division Bench of Hon’ble High Court of Andhra Pradesh in
Writ Appeal No. 1578 of 2005 & batch and W.P.No.21793 of 2005
& batch, dated 29.12.2006 and the operative portion of judgment is
extracted below:
“ In view of the above conclusion, we do not consider it
necessary to adjudicate on the vires of G.O.Ms.No.103, dated
5-8-2005. However, we feel that it will be more prudent for
the government to examine the entire issue objectively and
take corrective measures if it is found that the norms are
contrary to the provisions contained in Rule 10
(12) or 10 (17) of the 1993 Rules.
In the result, the appeals are dismissed. The writ petitions
filed by the management of the private schools and others are
allowed. Now, the management of the private schools shall be
free to appoint selected candidates and seek approval of such
appointments from the competent authority.
The exercise of rationalization undertaken in furtherance of
interim order dated 31-10-2005 passed by this Court and
directions contained in letter dated 3-11-2005 issued by the
Director of School Education are quashed. However, it is made
clear that this order shall not prevent the competent
authorities from undertaking fresh exercise for
rationalization, which may lead to declaration of certain
teachers’ surplus and for absorption of such surplus teachers.”
15. The Hon’ble Supreme Court of India in WP(C) No. 95 of 2010
in its orders , dated 12.04.2012, while upholding constitutional
validity of the RTE Act 2009, has made the following observations:
“ The State is also expected to first weed out those schools which
are non performing or underperforming or non compliance
schools and upon closure of such schools, the students and
teaching and non teaching staff thereof should be transferred..,
(Para 8 of the Judgment).”
Needless to observe that if there is inadequate response to the
Government funded school, it is but appropriate that either
the divisions there of or the school itself be closed and the
students and staff of such schools be transferred.., (Para 8 of
the Judgment).”
In our view even State Government must take opportunity to
re organize its financial outflow at the micro level by weeding
out non performing or under performing or non compliance
schools receiving grant–in–aid so as to ensure that only such
Government funded schools who fulfill norms and standards are
allowed to continue(Para-8 of the Judgment).”
16. In pursuance of the orders of Hon’ble High Court in the
reference 2nd read above and in the circumstances reported by the
Director of School Education, in the reference 3rd read above,
Government after careful examination, hereby issue the following
orders:
a. The Director of School Education, shall commence the process of filling the vacant aided posts in all aided institutions by
identifying the need each school wise based on the enrolment of
the school as on the last working day of the academic year 2020-
21 (19-04-2021 for primary and upper primary schools and 30-
04-2021 for high schools) as reported by the managements in the
child info of the Unified District Information of School Education
(UDISE+). Accordingly, the Director of School Education shall
issue order showing the need as per the TPR of 1:40 under Rule
10(12) of the G.O.1st read above, since there is no other norm
presently available for deciding the staffing pattern of private
aided schools in the state.
b. Once the need is identified, the Director of School Education shall
direct the competent authorities viz., Regional Joint Directors of
School Education in case of high schools and District Education
Officers in case of Primary and Upper Primary schools to identify
the surplus teachers as per rule 10(12), and to deploy them as
per Rule (12)(3) (A) of G.O.Ms.No.1, Education dated 01- 01-
1994 into the vacant sanctioned aided posts in the needy schools
as per the need without exceeding to the number of sanctioned
aided posts and after completion of this exercise, to permit the
competent authorities to send proposal to the Government to
accord permission to issue clearance certificate as required
under Rule 12(3)(A) of G.O.Ms.No.1, Education dated. 1-1-1994
to take up recruitment if still need exists.
c. Since, earlier the Commissioner and the Director of School
Education has permitted to fill up the posts in certain
managements covered under WP No 9503/2005 and batch in
terms of G.O.Ms.No.40 Education dated 30-6-2017 and as per
the orders issued by Government in Memo.No.18836/PS/ A2/
2010-32 to 34, dated. 30-6-2017 and as per the orders issued
in CSE Procs.Rc.No.90/PS-1/2020-1 to 3, dated. 20-7-2017
without following the norm of 1:40 and since the posts were
already filled up, the Director of School Education shall now
identify if any excess posts were permitted to be filled up duly
arriving the need as per Rule 10(12) of G.O.Ms.No.1, Education
dated. 01-01-1994 and adjust them in the future vacancies in
those schools
17. The Director of School Education, A.P, shall take further
necessary action accordingly, in the matter, and furnish a detailed
report to the Government after completion of the above exercise, for
taking further necessary action.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
B.RAJSEKHAR
PRINCIPAL SECRETARY TO GOVERNMENT
