GULAM RABBANI Vs. SATHAVANA UNIVERSITY KARIMNAGAR

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ of mandamus directing the respondents to pay the petitioner the regular U.G.C. scale of pay and regularize his services as Assistant Professor on par with the other similarly situated persons whose services were regularized. The case of the petitioner is that he has been engaged as a contract Lecturer in Economics Department in respondent University in the year 1996-97 and has been working as such. He possessed the qualification of M.A., MPhil., Ph.D., M.B.A., (PGDCA) and entitled to be absorbed as Assistant Professor in respondent No.1 Colleges. Respondent No. 1 University is paying him a consolidated pay of Rs. 20,000/-per month, but as per University Grants Commission (for short, 'U.G.C.'), the respondents have to pay him a salary of Rs. 30,000/- per month. In view of his long standing service as contractual lecturer for more than 14 years, he made repeated representations to the respondents to regularize his services and to pay the regular scale of pay as prescribed in the U.G.C. but in vain. Similarly situated contractual lecturers, who approached this Court, are being paid the UGC scales of pay. Hence, he filed this writ petition.

(2.) The respondents filed a counter contending that the petitioner is only an Academic Consultant or a Contract Lecturer. The petitioner neither applied for any notified vacancy nor faced the Selection Committee constituted in terms of Section 43 of A.P. Universities Act, 1991 (for short, 'the Act') and the U.G.C. guidelines. The petitioner's service is governed by the contract of appointment i.e., the petitioner is appointed for a period of one academic year only. According to the needs, the Universities in Andhra Pradesh engage the teachers purely on temporary and contract basis for one academic year and at the end of the academic year, services of such academic consultants or contract teachers are automatically disengaged. The University is not entitled to appoint any teacher on regular basis unless the vacancy is permitted to be notified by the Government of Andhra Pradesh, as any such appointment shall have financial implication in terms of Section 49 of the Act. After the notification is issued, the candidature shall have to be recommended by a duly constituted selection committee as per U.G.C. guidelines. Further recommendation of the selection committee shall have to be again approved by the Executive Council of the University in exercise of its power under Section 19 of the Act. The petitioner has not fulfilled any of the criteria as submitted and hence, it is not possible for the University to regularize the services of the petitioner or pay the regular scale of an Assistant Professor.

(3.) Learned Counsel for the petitioner contended that even though petitioner was working on contract basis for the last 14 years in the respondent University, regular U.G.C. pay scales have not been given and his services are not regularized on par with other similarly situated persons.