T RANGASWAMY Vs. TIRUMALA TIRUPATI DEVASTHANAMS

JUDGEMENT

(1.) The petitioner filed this Writ Petition seeking writ of Mandamus to declare the memo issued by Respondent No. 1 in ROC No. D1/73937/DEO/ 85, dated 20-2-1989 as illegal and without jurisdiction, and further declaring that by virtue of the amendment issued in G.O.Ms.No.50 Education dated 23-1-1986 to G.O.Ms.No.259 G. A. Rules dated 9-2-1962 the petitioner will be entitled for appointment as a Lecturer, on his higher qualification of M.Phil., Degree and also the condition in para-3 for appointment of Lecturer in aided colleges in G.O.Ms.No.32, dated 19-1-1984 is discreimnatory.

(2.) Learned counsel for the petitioner submits that the petitioner passed M.A., Degree in Economics in 1970 in Second class with 50.5% marks in aggregate. He joined S.V. Junior College, Tirupati, as Junior Lecturer on 26-8-1972. The S.V. Junior College, Tirupati, is established and managed by the Tirumala Tirupati Devasthanams. The petitioner was promoted as Lecturer in Economics on 17-2-1986 stating that he should improve the aggregate marks of Post Graduation to a minimum of 55% within three years and that otherwise he would be reverted as Junior Lecturer as per the conditions laid down in G.O.Ms.No.32, Education (J) Dept., dated 19-1-1984. It is stated that the petitioner on the advice of his Professors instead of improving the marks in M.A. Degree, he could acquired a higher Degree viz., M. Phil., in Economics. The petitioner applied for M. Phil., and was selected on 20-5-1986. The TirumalaTirupati Devasthanams passed an order on that date permitting the petitioner to undergo M.Phil., course without hindrance to his routine work as per orders in ROC. No. B3/21673/86 dated 3-1-1986. Thereafter, the petitioner submitted his dissertation on 10-1-1989 and subsequently viva-voce had taken place. Subsequently he passed M. Phil securing 64% marks in the examination held in July 1989. The xerox copy of Provisional Certificate issued by Sri Venkateswara University has been filed in the material papers. It is also stated a candidate studying for M.Phil., will not be permitted to study M.A., for improving his marks as he is studying higher course than M.A. Degree and thus prevented the petitioner from improving his marks in M.A. Degree by getting 55 per cent of marks inorder to qualify for regular lecturer post in the University as per the conditions laid down in G.O.Ms.No.32, dated 19-1-1984 applicable to the private aided colleges for promotion of Junior Lecturers to the post of Lecturers.

(3.) In the instant case the petitioner has secured 64% of marks in M.Phil (Economics) but ineligible for being appointed as Lecturer as he did not possess 55% of marks in M.A. Degree within three years of the date of the appointment as Lecturer, looks prima facie, illogical. Mr. N. Narsimha Reddy, learned Govt. Pleader for Education states that the rules for promotion as Lecturer in "Government Colleges" are governed by A.P. Educational Service Rules issued in G.O.Ms.No. 259, dated 9-2-1962. But for private colleges the Government has framed rules under G.O.Ms.No. 32 Education (J) Department dated 19-1-1984 Subsequent to the issuance of G.O.Ms.No. 259 dated 9-2-1962 the Government has amended the rule for appointment of Junior Lecturer for promotion or transfer to the post of Lecturer in G.O.Ms.No. 50, Education dt. 23-1-1986, which reads as follows: Amendment In the annexure to the said rules referred to in rule 7(2) for the entries in Column 4 against item 22, the following entires shall be substituted, namely:-