USHA RANI C Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is seeking regularisation of her service as Lecturer in Commerce with the 3rd respondent-College on the basis of her qualifications, teaching experience and reservation for women.

(2.) It appears that the 3rd respondent-College issued an advertisement in a daily news-paper on 29-7-1996 inviting applications for three posts of Lecturers in Commerce. The petitioner applied for the same on the expectation that her services will be regularised. But she did not receive an interview call and on approaching the Principal of the College, she was informed that the instructions contained in G.O.Ms.No.12, Education, dated 10-1-1992 were followed for the purpose of interviewing the candidates. However, according to the petitioner, the action of the 1st and 2nd respondents in instructing the 3rd respondent-College to follow the instructions contained in G.O.Ms.No.12, Education, dated 10-1-1992 without considering the other relevant G.Os., such as, G.O.Ms.No.302, Education, dated 23-8-1991, G.O.Ms.No.212, F & P, dated 22-4-1994; and G.O.Ms.No.362, Education, dated 7-10-1994, was illegal, arbitrary and without jurisdiction.

(3.) The petitioner secured Post Graduate Degree in Commerce with 54.5% marks from Nagarjuna University and according to her 54.5% marks were treated as equivalent to 55% marks and, therefore, she possessed the requisite qualification not only for Lecturer's post in private aided college but also in a Government College. In August, 1984, she was appointed as part-time Lecturer in Sri Padmavathi Mahila Kalasala, Hyderabad, where she worked upto 15-12-1988. She proceeded on maternity leave thereafter and reported back for duty on 31-3-1989. But the management of Sri Padmavathi Mahila Kalasala refused to take her back into service which adversely affected her right according to the petitioner. The petitioner sought employment in D.V.N. Degree College, L-B. Nagar, R.R. District. She was appointed as full time Lecturer in that college on a consolidated salary of Rs.1,400/- per month with effect from 26-8-1991. Further, according to the petitioner, she had to seek employment in Lalitha Degree College for Women, where she worked from 3-8-1992 to 12-2-1993 and thereafter she was appointed as part-time Lecturer in Commerce in the respondent No.3-College and she continued to hold the said post.