“Bad In Law”- Andhra Pradesh High Court Allows Plea Against Online Test Method For Selecting Teachers In Schools Receiving Grant-In-Aid
The Andhra Pradesh High Court held that the Government is not permitted to either directly or indirectly introduce the same system which stood quashed by the Court.

Justice Gannamaneni Ramakrishna Prasad, Andhra Pradesh High Court
The Andhra Pradesh High Court has allowed the Writ Petitions challenging the online test method for selecting teachers in schools which are receiving grant-in-aid.
A batch of Writ Petitions were filed by one Sri Potti Sriramulu Upper Primary SPSUP School and others before the Court, assailing the action of the State authorities.
A Single Bench of Justice Gannamaneni Ramakrishna Prasad held, “In the absence of a legislation, the Government is not permitted to introduce the system, that stood expressly set aside, either through an executive instruction or through an executive order. … In view of the above, this Court categorically holds that the impugned Proceedings, compelling the private management to undertake the process of computer based test/examination is bad in law.”
The Bench also held that the Government is not permitted to either directly or indirectly introduce the same system which stood quashed by the Court.
Senior Advocate N. Subba Rao, Advocates Devi Prasad Mangalapuri, S.V.S.S. Siva Ram, K.P.S. Sailesh Reddy, B. Sreeteja, and P. Pavan Kumar appeared for the Petitioners while Government Pleader Gurram Ramachandra Rao appeared for the Respondents.
Factual Background
The Writ Petitions assailed the action of the Official Respondents which had introduced Online Test method for selecting and appointing Teachers in various Schools which are receiving Grant-in-aid. The Writ Petitioner had challenged the proceedings issued by the District Educational Officer, Guntur on the ground that the said proceedings would run counter to the provisions of the Government Orders (GOs). Through the GOs, the Andhra Pradesh Government promulgated the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools in Private Management) Rules, 1993.
The said Rules, 1993, would govern various aspects of the running of Schools under the private managements in the State of Andhra Pradesh including the Aided and Unaided as well as the Minority and Non-minority Schools. In 2018, the said Rules were amended and Rule 13 was consequently omitted. Essentially, the amendment was made to Rule 12 vide GOs, School Education (PS) Department, by virtue of which a new method for the selection process was introduced. This method of selection was based on the State Level Computer Based Test/Examination. The provision for Interview was dispensed with since the Test/Examination was computer-based and on a State Level basis. The new method of selection of teachers by conducting a State Level Computer Based Test/Examination became the subject matter of challenge in the Writ Petitions before the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, observed, “… this Court is of the opinion that until and unless the legislature makes an amendment to the Rules 1993, by introducing Computer Based Test (CBT) expressly dispensing with the system of Written Test and Interview, the Executive is not entitled to introduce a new system.”
The Court said that howsoever laudable the object of the proposed conduct of Computer Based Test (CBT) may be, the same cannot be introduced without being backed-up by a legislation or a subordinate legislation and it certainly cannot be done through an executive fate either in the form of an executive instruction or executive order.
“When the system which had been introduced for conducting Computer based test had been expressly set aside by striking down G.O.Ms.No.43, S.E. (PS) Dept., dated 09.08.2018, the state cannot introduced the same system indirectly by an executive order or an executive instruction, for, what you cannot do directly, you cannot do it indirectly either”, it added.
The Court further noted that the State may take steps in bringing in a suitable legislation or subordinate legislation for introducing the new system that may be commensurate with the current needs and exigencies.
“Till such time, the State has not brought in a legislation or subordinate legislation by amending the Rule-12 and by deleting the Rule-13 of the Rules-1994, the State cannot introduced the Computer Based Test (CBT)”, it also added.
The Court, therefore, directed the Official Respondents to follow the procedure laid down in Rules 12 and 13 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 by completing the process within three weeks.
Accordingly, the High Court allowed the Writ Petitions and set aside the impugned proceedings.
Cause Title- Sri Potti Sriramulu Upper Primary SPSUP School v. The State of AP (Case Number: W.P.No.7036 of 2025 & Batch)