K NIRMALA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition this Court is called upon to decide whether the teaching staff working in an educational institution under a private management can be transferred to a school that is being run by another private institution.

(2.) The petitioner, who is a post graduate in Zoology, seemed to have been appointed to teach the subject of Zoology in the Degree College as well as Junior College maintained by Hithakarini Sangham, Rajahmundry intermittently since 1992. The petitioner initially filed this writ petition seeking regularisation of her services as Junior lecturer in Zoology in the aided vacancy that has arisen consequent upon the absorption of Smt. K. Usharani, who was working in that post till then in the Dr.Melkote Memorial Women's Junior College, Hyderabad as per the orders of 2nd respondent in his Proc.Rc.No.1/JC8-3/95, dated 26-6-96 by taking into consideration the services rendered by her in all the 3 colleges maintained by the Hithakarini Samaj under G.O.Ms.No.302, Education, dated 23-8-1991.

(3.) Though the writ petition was admitted on 18-2-1996, no interim orders were given by this Court. Subsequently, within 4 days thereafter the 2nd respondent by relying on a Government Memo No.2202/CE II-1/ 88-1, Education Department, dated 16-1-89 transferred Smt. M. V.LRani, who was working as Junior Lecturer in Zoology in G.V.M. Junior College, Bhimavaram, West Godavari District, and posted her in the vacancy that has arisen in the 3rd respondent College due to absorption of Smt. Usharani. Aggrieved by the said orders, the petitioner filed two applications - W.P.M.P. 18201/96 to bring Smt. M. V.L.Ram as a 4th respondent in the W.P. and W.P.M.P. 18202/96 seeking suspension of the order of 2nd respondent dated 22-7-96 transferring Smt. M.V.L.Rani to the 3rd respondent College. On 1-8-1996 while ordering the implead petition, I passed an order in W.P.M.P.18202/96 directing the 3rd respondent to continue the petitioner in the post in which she was working if 4th respondent has not joined till that date and there will be stay of the order dated 22-7-96. Now it transpired the Court Master seemed to have wntten the order in W.P.M.P. 16985/96 which was filed along with the writ petition seeking a direction for her continuance in the post, which was not acceded to by this Court. Thereafter, the Counsel got the W.P.M.P. posted for being mentioned and by order dated 6-8-96 a positive direction was given to continue the petitioner in the post in which she was working as on 22-7-1996. Subsequently, the petitioner filed another W.P.M.P. 18432 of 1996 seeking amendment of the prayer in the writ petition and sought a declaration mat the transfer of 4th respondent to the 3rd respondent College is illegal and arbitrary and hence a direction may be given to Respondents 1 and 3 to regularise her sendees as junior lecturer in Zoology in the 3rd respondent College or in the alternative to fill up the aided vacancy in accordance with law.