G V NARASLMHAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Though this matter was originally listed for disposal of the W.A.M.P. seeking suspension of the order passed by the learned single Judge in WVMP 2774/95 in WPMP No.6694/95 in W.P. No.5397/95 dated 10-4-1996 yet as the moot question raised therein also is the same as raised in the writ appeal, we propose to dispose of the writ appeal itself along with the WAMP far which both the counsel were put to notice.

(2.) The brief facts are that the appellant was appointed on 1-10-1964 as a Lecturer in the respondent No3-College, a private aided oriental college and while so continuing, he was appointed as the in-charge Principal on 1-7-1990, that post heving fallen vacant. Another oriental college, STRNSS Kalasala, Ongole, Prakasam District was closed by the Government because of falling students strength, in G.O.Rt.No.401, Education (CE-I) Department, Government of Andhra Pradesh, dated: 1-11-1994 and taking the decision therein that the staff working in the dosed institution are to be absorbed where there is work load and against existing vacant posts in other oriental colleges. Respondent No.4 who was the Principal of the STRNSS Kalasala, Ongole, Prakasam District was transferred on 10-3-1995 to the respondent No3-College. Aggrieved by the transfer the appellant who had to lose his assignment as Principal in-charge as a consequence filed W.P. No.5397 of 1995. An order of suspension of the Government Order passed in WPMP No.6694 of 1995 dated 22-3-1995 was subsequently vacated by the learned single Judge in WVMP No.2774 of 1995 dated 19-4-1996.

(3.) The sole question urged by Mr. M.V. Ramana Reddy learned counsel appearing for the appellant is that under G.O.Ms. No.233, Education (CE-I) Department, Government of Andhra Pradesh, dated 20-10-1993 every aided oriental college is to be treated as a single unit with promotion to the post of Principal confined to the incumbents of the college for which reason appointment of an outsider as Principal is not permissible. He also places reliance on an earlier G.O.Ms. No.158 Education (UE) Department, Government of Andhra Pradesh, dated 10-6-1987. In the counter-affidavit filed by respondent No.2, the Commissioner of Collegiate Education, me transfer of respondent No.4 to the college is supported on the averment that G.O.Ms. No.158, Education (UE) Department, Government of Andhra Pradesh, dated 10-6-1987 remained no longer operative after issuance of Act No.25 of 1990 under which the recruitment process for the posts of teaching staff in private colleges was deleted from the purview of the A.P. College Service Commission. Though the Governmenthad issued G.O.Ms.No.127 Education, dated 7-6-1993 thereafter prescribing procedure for selection of teaching staff in private degree and junior colleges yet that G.O. is silent so far as the private aided oriental colleges are concerned, and that in respect of those colleges Government orders are awaited.