LAWS(APH)-2016-5-3

PROFESSOR JAYASHANKAR TELANGANA STATE AGRICULTURAL UNIVERSITY, RAJENDRANAGAR Vs. THE MINORITIES COMMISSION

Decided On May 09, 2016
Professor Jayashankar Telangana State Agricultural University, Rajendranagar Appellant
V/S
The Minorities Commission Respondents

JUDGEMENT

(1.) Professor Jayashankar Telangana State Agricultural University, Rajendranagar, Hyderabad rep. by its Registrar filed the present writ petition to issue a writ order or direction, more particularly one in the nature of writ of certiorari calling for the records relating to orders dated 13.10.2015 in Case No.67 of 2015 passed by the Minorities Commission (for the State of Telangana and Andhra Pradesh), Hyderabad, the first respondent herein.

(2.) Briefly stated the following are the averments made in the affidavit filed in support of the writ petition.

(3.) The petitioner -University effected transfers in various cadres of teaches viz. Assistant Professors, Associate Professors and Professors depending upon exigencies and administrative requirement for smooth running of the colleges/research stations and administration from 01.09.2014 i.e. from the date of formation of Professor Jayashankar Telangana State Agricultural University (for short 'PJTSAU'). The second respondent who was working as Scientist and Principal Scientist and Head, AICRP on Biological Control, ARI Campus, Rajendranagar, Hyderabad, since the date of his appointment during 1999 in the university for a period of 15 years in the same place was transferred and posted as Associate Dean, Agricultural College, Jagtial. The second respondent who was heading a small scheme with single post was elevated to a more responsible post of Associate Dean where more than 25 staff members will be working under him. In the place of second respondent, G.Anitha, Assistant Professor, Department of Entomology, College of Agriculture, Rajendranagar who has been transferred and posted in the place of the second respondent herein has reported at AICRP on Biological Control after getting relieved at College of Agriculture, Rajendranagar. In view of her joining, second respondent is deemed to have been relieved on 09.07.2015 as he applied leave from 09.07.2015 afternoon. He applied various kinds of leave including the leave on medical grounds but did not hand over the charge of his post to G.Anitha. According to the petitioner -university transferring the second respondent is the collective decision taken by the officials of the university and not by way of any discrimination on the ground that the 2nd respondent hails from minority community. In this context, it is submitted that the second respondent never complained that he has been discriminated on the ground that he hails from minority community until the transfer orders are issued.