LAWS(APH)-1997-8-53

B KRISHNAMURTHY Vs. GOVT OF A P

Decided On August 08, 1997
B.KRISHNAMURTHY Appellant
V/S
GOVT. OF A.P., PRL.SECRETARY, HIGHER EDUCATION DEPT., HYDERABAD Respondents

JUDGEMENT

(1.) The petitioner in this writ petition is seeking a Writ of Mandamus to the 1st respondent to approve his appointment as Junior Lecturer in the 3rd respondent College as per the proposals submitted by the 3rd respondent-College on 21-6-1994.

(2.) The facts leading to the filing of this case are, the 3rd respondent-college having obtained permission on 14-10-1992 to fill up the posts of Junior Lecturers in Hindi, Mathematics, Telugu and Economics, invited applications from the eligible candidates and thereafter, completed the process of selection. It is necessary to mention here that either from the approval accorded by the respondents 1 and 2 or from the notification given by the 3rd respondent-college, none of the posts are shown as reserved for any of the reserved categories, though for appointment to these posts Rule of Reservation applies. During the course of arguments, it came to light that all the candidates selected belong to O.C. category. After completion of the selection, because of the differences in the members of the Managing Committee, it did not approve the selections. In those circumstances, one V. Sailaja filed Writ Petition No.511 of 1993 and one K. Ramanjaneyulu filed Writ Petition No. 673 of 1993 seeking appointment as Junior Lecturers in Hindi and Telugu respectively stating that they were selected for these posts in the selections held on 6-1-1993. One Chandra Sekhara Naidu, who was working as part-time Lecturer in Economic seemed to have filed Writ Petition No.663 of 1993 seeking a direction to the respondents to regularise his services as per G.O.Ms.No.302, dated 23-8-1991. While the writ petition filed by Chandrasekhara Naidu was dismissed by holding that he is not eligible for regularisation of his services as Lecturer in Economics, this Court gave a direction to the 3rd respondent-college to initiate the process of selection in motion by forwarding the list of selected candidates to the 1st respondent for approval and for admission to grant-in-aid. All the above writ petitions were disposed of by common order dated 10-2-1994. It is pertinent to note that the 3rd respondent ollege in its counter in these batch of writ petitions came forward for the first time that the posts of Junior Lecturer in Hindi was reserved for Scheduled Tribe category, Mathematics for Scheduled Caste category, Telugu for Physically Handicapped category and Economics for Open Category candidate. Pursuant to the directions given by this Court, the 3rd respondent-college forwarded the list of candidates to the 2nd respondent for approval of their names for appointment. While the matter is pending consideration by the 2nd respondent, the management seemed to have appointed Smt. V. Sailaja as Junior Lecturer in Hindi, a candidate belonging to Open Category, though the post is reserved for Scheduled Tribe category as per their counter in the earlier writ petitions.

(3.) In the meantime, the 2nd respondent seemed to have sent proposals to the Government, i.e., the 1st respondent in Rc.No.480/JC-8-l/94, dated 3-6-1995 to ratify the action of the Selection Committee in selecting Open Category candidate against the roster points and to direct the Correspondent of the College to issue appointment orders by stating that the 3rd respondents College reported that the reserved candidates are not available for appointment to the posts reserved. In the said proceedings, the 2nd respondent categorically stated that Mr. B.Krishna Murthy, petitioner in the present writ petition, who did not file any writ petition earlier and who secured first rank in Economics in the selection has to be considered for appointment as Junior Lecturer in Economics in the first instance and if he rejects the appointment, to consider Mr. Chandrasekhar Naidu, whose writ petition was dismissed and who is placed in the second rank for appointment. The 2nd respondent also requested the Government to give a direction to the 3rd respondent-College to fill up the backlog vacancies in future. In this letter it was shown that the posts of Junior Lecturer in Telugu is reserved for Physically Handicapped candidate, Mathematics to Open Category candidate, Hindi to Scheduled Caste candidate and Economics to Scheduled Tribe candidate.