Y NARASIMHULU Vs. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) In this writ petition the petitioner assails the legality and the validity of the proceedings dated 30-6-1991 of the Jawaharlal Nehru Technological University. A.P., Hyderabad, by whichhis appointment as Assistant Professor of Mathematics was annulled and terminated. The facts leading to the said order may be stated in brief:

(2.) The petitioner passed M.Sc., (Applied Mathematics) in First Class from Sri Venkateswara University, Tirupathi in 1981. He passed M. Phil in First Class in 1983 and he was awarded Ph.D. degree by the same University in 1989. The petitioner worked as Academic Assistant in J.N.T.U. University College of Engjneering, Kakinada from30-l-1984 to 28-2-1995. Later he worked as faculty member in G.Pulla Reddy Engineering College, Kumool,froml-3-1985to30-9-1985 and as a lecturer in the same college from 1-10-1985 to 8-1-1991.

(3.) In November, 1987, the Jawaharlal Nehru Technological University, respondent herein, advertised for the post of a lecturer in Mathematics which was allotted for open category, On 12-11 -1987, the petitioner applied for the said post even though he belongs to a backward class community. The University, however, did not conduct any interviews for the said post till 19 89. On 16-5-89, the University advertised for one post of lecturer and two posts of Assistant Professor in Mathematics. This time the University had allotted the post of lecturer to the S.C./S.T. category even though the earlier post of lecturer in Mathematics which was allotted to open category was not filled up. Out of the two posts of Assistant Professor, one was reserved for S.C./S.T. category and the other to B.C. category. The last date for receipt of the applications was fixed as 20th June, 1989. This time the petitioner applied for the post of Assistant Professor which was reserved to the B.C. category pursuantto the advertisement dated 16-5-1989. The University conducted interviews for the posts of lecturers in Mathematics inNovember, 1989. Even though the petitioner did not apply for the post of lecturer and even though the said post was reserved for S.C./S.T. Category, the petitioner was called for interview for the post of lecturer in Mathematics on the basis of his application made in the year 1987. The University did not, however, conduct any interviews for the two posts of Assistant Professor of Mathematics and none of the candidates who applied for the said posts was interviewed. Subsequently the University again advertised on 18-6-1990 for two posts of Assistant Professor in Mathematics, one reserved for S.C./S.T. and the other for open category. According to the petitioner, on enquiries made by him, in the University, he was informed that he need not apply again with reference to the advertisement dated 18-6-1990 and that the University will call for interview all those candidates who have applied with reference to the advertisement issued on 16-5-1989. The petitioner did not, therefore, apply for the post of Assistant Professor pursuant to the advertisement dated 18-6-1990.Onl6-10-1990, a call-letter for interview was sent by the University to the petitioner calling him for interview on 28-11-1990 for the post of Assistant Professor of Mathematics. Accordingly he appeared for the interview and he was selected by the duly constituted selection committee consisting of three external experts called from different parts of the country. The selection was approved by the executive council of the University in its meeting held on 7-12-1990 and an order of appointment was issued on 10-12-1990 appointing the petitioner as Assistant Professor. In view of the said orders of appointment, the petitioner resigned from G.Pulla Reddy College of Engineering and joined the respondent-University on 10-1-1991.