NARAYANA RAJU Vs. JOINT DIRECTOR HIGHER EDUCATION

JUDGEMENT

(1.) By a common judgment rendered by our learned sister Amareswari j., Writ Petitions Nos. 2718 and 675 of 1978 were dismissed on 13-11-1978. Writ Appeals Nos. 419 and 427 of 1978 are preferred against the said judgment by the petitioners in Writ Petitions Nos. 2718 and 675 of 1978 respectively. We, therefore, propose to dispose of the Writ Appeals by a common Judgment.

(2.) The petitioner in Writ Petition No. 2718 of 1978 is a Lecturer in Economics in the D.N.R. College, Bhimavaram, West Godavari District, a private educational institution, having been appointed on 26-6-1966. At a meeting of the Governing Council of the College held on 16-11-1969 by its resolution No. 22, he was confirmed in the post. Sri M.S.S. Lakshmana Rao the 3rd respondent in the Writ Petition is also a permanent Lecturer in Economics in the College. He, having been appointed and confirmed earlier than the petitioner is undoubtedly senior to the petitioner. The post of Principal of Veeravasaram Educational Committee Junior College, Veeravasaram, also a private educational institution was advertised to be filled up. The 3rd respondent, one of the applicants for the said post was selected to the post and was accordingly appointed as the principal of the said College. He, therefore, applied to the D.N.R. College, Bheemavaram for sanction of lien over the post held by him in the College for a period of two years commencing from 19-7-1975, the date on which he joined in the new post. The governing Council of the College, however, granted him lien only for a period of one year from 19-7-1975. Before the expiry of the period of lien granted to him, he again sought extension of lien for one more year by his application dated 14-7-1976 By its resolution No. 33 dated 5-9-1976, the Governing Council of the college rejected his request. It is alleged by the President of the Governing Council of the D.N.R. College, Bheemavaram, the 2nd respondent in the Writ Petition that the order of rejection of the request of the 3rd respondent was communicated to him on 6-9-1976 under Certificate of Posting. It is, however, claimed by the 3rd Respondent that the said order was never received by him, that he has been making repeated representations to the Governing Council of the College for sanction of lien for one more year, that on being appraised by the Secretary and Correspondent of the College in July 1977 that his lien was terminated and on the advice tendered by the Secretary and correspondent of the College he applied to the Governing Council of the College on 5-7-1977 for extension of lien for another year. On 20-1-1977 the petitioner was appointed as Incharge Head of the Department of Economics in the D.N.R. College, Bhimavaram and later, by the proceedings of the Governing Council of the College dated 31-10-1977, he was appointed as Head of the Department of Economics in the College. No decision having been taken and communicated to him on his representation the 3rd respondent made a representation to the Joint Director of Higher Education, Government of Andhra Pradesh, Hyderabad on 26-9-1977 seeking necessary directions to the 2nd respondent after calling for on receiving remarks of the 2nd respondent on the representation of the R-42 3rd respondent, the Joint Director of Higher Education, the first respondent in the Writ petition by his proceedings dated 16-12-1977, directed the 2nd respondent to extend the lien of the 3rd respondent till the end of the academic year 1977-78, to take him back into service after the summer vacation of 1977-78 and to retrench the junior most Lecturer in the Department of Economics, if necessary. Consequent upon the said proceedings issued to the first respondent and received by the 2nd respondent, the petitioner in Writ Petition No. 675 of 1978. the junior most Lecturer in the Department of Economics in,the D.N.R. College, was ousted by the Secretary and Correspondent of the College by his proceedings dated 2-3-1978. Aggrieved by the order passed by the first respondent and the consequential proceedings issued by the 2nd respondent, Writ Petition No. 2718 of 1978 was filed by the petitioner therein, wihle Sri B.H. Ramachandra Raju, the ousted junior most Lecturer, preferred Writ Petition No. 675 of 1978 for issue of a writ of certiorari or any other appropriate writ for quashing the same.

(3.) In Writ Petition Nos. 675 of 1978 and 2718 of 1978, the Joint Director of Higher Education, Government of Andbra Pradesh, Hyderabad is impleaded as the first respondent. While in Writ Petition No. 675 of 1978 Sri M.S.S. Lakshmana Rao is impleaded as the 2nd respondent, in Writ Petition No. 2718 of 1978 he is impleaded as the 3rd respondent. The Presipent. Governing Council, D.N.R, College is impleaded as the 3rd respondent in Writ Petition No. 65 of 1978, while he is impleaded as the 2nd respondent in Writ Petition No. 2718 1978. For the sake of convenience; the contesting respondents will, hereinafter, be referred to as they are arrayed , in Writ Petition No. 2718 of 19787