Andhra Pradesh Private Schools Managements Association (APPSA) v. State of Andhra Pradesh
2020-05-05
J.K.MAHESHWARI, LALITHA KANNEGANTI
body2020
DigiLaw.ai
ORDER : Lalitha Kanneganti, J. The instant writ petition is filed in the nature of PIL by M/s Andhra Pradesh Private Schools Managements Association (APPSA) (petitioner herein) questioning the Memo No.ESE02-17/221/2020-PS1-CSE dated 26.04.2020, whereby they are directed to furnish personal details of the teachers working in the private unaided schools, such as, Aadhar card, Pan Card, Bank Account number etc. 2. It is the specific case of the petitioner that the petitioner association has been struggling for the betterment and upliftment of the association in general and for the educational needs of the society in particular. Certain managements of un-aided institutions have represented before the petitioner’s association that the District Level Authorities of Education Department are insisting the managements of un-aided educational institutions to furnish personal details. It is the further case of the petitioner that there is no particular provision compelling the private un-aided schools to furnish such particulars of the teaching and non-teaching staff recruited by them. It is stated that, initially, the respondents have fixed deadline to furnish the details by 03.05.2020 and the same was extended by 05.05.2020. 3. Learned counsel for the petitioner submits that as far as private un-aided educational institutions are concerned, it is the prerogative of the respective managements to recruit the staff and fix their salaries. In view of the Corona Virus pandemic, as the schools are not working and further as the staff are recruited on year to year contract basis, it is not possible for the management to comply with the demands made by the respondents. 4. When the matter came up for admission, learned Additional Advocate General, appearing on behalf of respondents submitted that they have issued subsequent memos, which do not warrant the school managements to provide personal details and sought time for filing the latest memo. 5. The petitioner filed Memo dated 03.05.2020, as well, the 2nd respondent filed an affidavit along with Memos dated 03.05.2020 and 04.05.2020. 6. A perusal of the Memo dated 03.05.2020, reads thus: “In continuation of instructions issued in the Memo dated 26.04.2020, they are requested to collect the entire data except Aadhar details. However, Bank details and Pan card details of the staff have to be obtained for further verification of payment of professional tax.
6. A perusal of the Memo dated 03.05.2020, reads thus: “In continuation of instructions issued in the Memo dated 26.04.2020, they are requested to collect the entire data except Aadhar details. However, Bank details and Pan card details of the staff have to be obtained for further verification of payment of professional tax. Further they are informed that due to extension of national wide lockdown upto 17.05.2020 the late date for submission of details is extended upto 31.05.2020.” 7. By way of subsequent Memo dated 04.05.2020, the 2nd respondent has directed not to collect Bank Account and Pan Card details of the employees of the un-aided educational institutions. An affidavit is also filed by the 2nd respondent to the effect that as per the Memo dated 03.05.2020, the details of the staff i.e. Aadhar card, Pan Card, Bank Account related information will not be collected. 8. In so far as the contention of the petitioner that the 2nd respondent has no authority to direct the petitioner to furnish the details of employees, we are not inclined to deal with such contention at present, because the main relief as prayed has been granted by two revised Government Memos, however keeping that question open, we dispose of this petition as infructuous. 9. In the light of the affidavit and the Memos issued by the 2nd respondent, the grievance of the petitioner is answered and accordingly, the writ petition is disposed of as in fructuous. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.