G V NARASIMHAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is directed against the order of the Government dated 2-6-1997 providing for absorption of the Principals of the private aided oriental colleges.

(2.) The petitioner was working as a lecturer in the Veda and Sanskrit College, Moolapet, Nellore-3rd respondent herein. On 1-7-1990, the post of the Principal in that institution became vacant. The petitioner, who was senior most lecturer in that college, was put in-charge of that post on 26-6-1990. By G.O.Ms.No.158 dated 10-6-1987 the rules for selection of the persons for appointment to the posts of teachers etc., to be filled up by the A.P.Collegeate Services was promulgated. That notification provided that the post of Principals of Oriental Colleges was to be filled up by transfer among the qualified, eligible and suitable lecturers of that college who was having the essential qualifications. In respect of the private aided colleges, G.O.Ms.No.233 Education dated 20-10-1993 was issued recognising that as each college is a separate unit and the seniority is limited to the college only, even the lecturers in English and History subjects working in such private oriental colleges were eligible for promotion to the post of Principal along with the lecturers of Sanskrit based on the combined seniority of the lecturers working in that particular post of aided college, treating the college as a single unit. The petitioner expected that his college being treated as a single unit and he being the senior most, he will be made permanent in the post of the Principal, in which he was acting. However, on 1-11-1994, another oriental college namely, S.T.R.N.S.S.Kalasala, Ongole, Prakasam District, was closed because of fall in student strength and the Government passed a G.O.Rt.No.481 directing that the staff working in the closed institution are to be absorbed in other oriental colleges having enough work load. Accordingly, on 10-3-1995, the 4th respondent, who was the Principal of that closed college, was transferred to the 3rd respondent college and appointed as a Principal. The petitioner filed W.P.No.5397/ 1995 questioning that appointment. The contention was that since the post of the Principal in the college was to be filled up treating the staff of that college alone as a single unit the Principal of the closed college cannot be taken as eligible for filling that post. By a judgment of this Court dated 27-6-1996 in Writ Appeal No.499/1996 this contention was accepted and it was held that as long as the G.O.Ms.No.233 dated 2040-1993 was in existence, filling up of a post of the Principal of a private oriental college with an outsider was invalid and accordingly, the order of the Government dated 10-3-1995 appointing the 4th respondent as Principal was quashed. Thereafter, the Government passed the impugned order G.O.Ms.No. 134 dated 2-6-1997 providing for filling up of the vacancy of a Principal by transfer from other oriental colleges including the surplus Principals of closed uneconomical oriental colleges. Consequently, the 1st respondent issued a memo dated 3-6-1997 appointing the 4th respondent as a Principal of the 3rd respondent college.

(3.) This petition challenges this action of the Government. The learned Counsel for the petitioner submitted that when the vacancy arose in 1990 in view of then rules, the petitioner had acquired the right to be considered for appointment of Principal which cannot be taken away by the impugned order. It was submitted that any amendment of the rules regarding the recruitment can only be prospective and cannot be applied retrospectively to affect vested rights of the petitioner. Thirdly, it was submitted that since the impugned order affected the rights of the petitioner, passing of that order without an opportunity to the petitioner made it void. Lastly, it was submitted that the impugned order was passed mala fide only for the purpose of accommodating the 4th respondent in spite of the decision of this Court striking down a similar action.