LAWS(APH)-1990-9-33

S VIMALA Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On September 05, 1990
S.VIMALA Appellant
V/S
GOVERNMERT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioner was employed as a part-time lecturer in political science in the 3rd respondent college on an hourly remuneration of Rs. 10/-. The M anagement invited applications to fill several vacancies of lecturers in several subjects including political science. The petitioner was interviewed on 15-6-1982. The selection committee drew up a list of four persons in the order of merit for appointment to the posts of lecturer in political science. The persons placed against seiial Numbers land 2 were appointed. The 3rd person was not interested. The petitioner's name was fouud at serial No. 4. The petitioner therefore could not secure appointment in the year 1982. Another vacancy had arisen on 6-8-1982, as a result of the death of one lecturer Sri Krishna Murthy. Again applications were invited in the year 1983. The selection committee as contemplated in G.O.No.905 dt. 21-9-1976, was constituted. The committee after interviewing the applicants including the petitioner prepared a list of two names and the name of the petitioner was shown against SI. No. 2. It is the case of the petitioner that Smt. Lalitha, who was assigned rank No, 1 in the selection list was not interested in the post. The petitioner was subsequently appointed as a part-time lecturer on a temporary basis on 22-1-1966, for the period from 22-1-1986 to 25-2-1986. Thereafter, she was continued as part-time lecturer till her services were terminated on 30-1-1987, She filed WP No. 5660/ 1988, in this court, seeking a writ of mandamus that the management should be directed to appoint her as a regular lecturer. That writ petition was disposed of by this court on 9th June, 1988 observing

(2.) In this context it must be mentioned that Act 13 of 1985, contemplated constitution of a College Service Commission. As the constitution of College Service Commission did not materialise for a long time government issued G.O.No. 905. dt. 21-9-1976, as a step as a measure to facilitate the affiliated Colleges, whether Government or private, to make recruitment of teachers in accordance with the procedure, specified therein. The G.O. specifically lays down that teachers must be selected by a selection committee consisting of two representatives of the management, two professors or reeders representing the University to which the college is affiliated and a representative of the Director of Higher Education. The presence of at least one representative of the University and a representative of Director of Higher Education in the Selection Committee should be regarded as essential for completing the quorum. The selected lecturers were to be paid salary in the scale of Rs. 530-30:770-35-1050 and such employment should not be for more than one academic year. Beyond that period no grant in aid shall be given for such posts."

(3.) A number of college teachers who have been appointed in accordance with the procedure contemplated in the said G.O. filed writ petitions in this court contending that it was unjust if they were asked to appear before the College Service Commission for regular appointments. These Writ Petitions were disposed of by P.A. Choudary, J. in W.P. No. 2699 of 1986, and batch, on 1-4-1981, viz., D.G. Krishnama Charyulu and others vs. Government of A.P. and others with a direction.