MD. MAHMOOD HUSSAIN Vs. OSMANIA UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution for the issue of a writ of certiorari or other appropriate writ so as to enable the petitioner to remain in office as Reader in English, Arts and Science College, Secunderabad. Under the Order No. 19254/535/1354F/Admn. III, dated 20-12-1975 of the Osmania University, the petitioner was prematurely retired before the date of his superannuation. The order purports to have been passed in public interest by virtue of the power conferred on the Vice-Chancellor. The petitioner challenges the order as illegal and arbitrary.

(2.) The facts of the case are as follows : The petitioner was initially appointed as a Junior Lecturer in English in the Arts and Science College, Warangal on 9-11-1939. He was promoted as a Senior Lecturer on 3-10-1945. On 7-11-1957 he was promoted as Reader in English. During the years 1957-58 he acted as Principal of the Arts and Science College, Secunderabad. During the academic year 1958-59 he worked as full-fledged Principal of the Hyderabad Evening College. He was promoted as Selection Grade Reader on 27-3-1974. While he was working as Reader (Selection Grade) in the Arts and Science College, Secunderabad he was served with the impugned order under which he was retired prematurely on the ground of public interest. Having been relieved of his post on 23-12-1975 he has come up with this petition.

(3.) The contention of the petitioner is that the Vice-Chancellor has no authority to pass the impugned order, and that, at any rate, the order though purports to have been made in public interest. It is urged by the petitioner that his work, character and conduct as Junior Lecturer, as Senior Lecturer, acting Principal, Principal, Reader and Selection Grade Reader were throughout satisfactory and that he was earning promotions whenever his turn came due to his meritorious work and that during his long service of over 36 years, the petitioner was never communicated with any adverse remarks in regard to his work or character or conduct.