MOHD. JALEEL PASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (Oral) - The petitioner is the President of Andhra Pradesh Urdu Academy, Hyderabad. He was nominated as the President of the Board of Governors of the Urdu Academy by the Government of Andhra Pradesh, the first respondent, in G.O.M.s. No. 294, Education (SAM) Department, dated 16.11.1990. Orders regarding the term, remuneration and other perks to the President were to be issued separately. Subsequently, by G.O. Rt. No. 1915, Edn., dated 19.12.1990, the perks of the President were fixed. With regard to the term of Office of the petitioner, it was stated that orders of the Government will be issued separately. By the impugned order dated 31.3.1992 in G.O.Ms. No. 117, the term of Office of the petitioner was fixed as one year and the petitioner was directed to hand over the charge of the Office of President, as one year had already elapsed since he assumed Office as President.

(2.) The petitioner impugns G.O.Ms. No. 117, dated 31.3.1992 as a arbitrary and illegal and prays for consequential directions to the first respondent to continue the petitioner as President, till the expiry of three years from the date of his appointment on 16.11.1990.

(3.) The learned Counsel for the petitioner submitted that the term of office of Board of Governors of the Urdu Academy, of which the petitioner is the President, is three years as per clause 4(2) of the Rules of Urdu Academy. He contends that the term of the petitioner cannot be fixed as one year and that the Government is bound to continue the petitioner for a period of three years from the date of his nomination. He further contended that the petitioner had a reasonable expectation of being continued in Office for the full term of three years and that the reduction of the period to one year is arbitrary, illegal and mala fide.