VANAPALLI VIJAYALAKSHMI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, to direct the respondents to re-conduct the transfer process/counseling for autonomous degree colleges in the category of Principal in accordance with para 9 of G.O.Rt.No.115 dated 06.06.2018 read with G.O.Ms.No.42 dated 04.06.2001 and accordingly issue fresh posting/transfer orders to the eligible candidates as per the entitlement and eligibility and as per the policy decision as enumerated in G.O.Rt.No.115 dated 06.06.2018 read with G.O.Ms.No.42 dated 04.06.2001 by holding the action of the respondents in violating para 9 and para 6 of G.O.Rt.No.115 dated 06.06.2018 read with G.O.Ms.No.42 dated 04.06.2001 and posting the petitioner to a least opted option and not allowing the petitioner to opt for Government Degree College for Women, Begumpet which is the only autonomous Degree College for Women in the State of Telangana, and posting an ineligible candidate i.e., party respondent as Principal of the said College in total violation of all the norms and policy decision, as bad, illegal, arbitrary, discriminatory, unconstitutional and violative of G.O.Rt.No.115 dated 06.06.2018.

(2.) Heard Sri J.Sudheer, learned counsel for the petitioner, the learned Government Pleader for Higher Education (TG) appearing for respondent Nos.1 and 2 and Sri D.Goverdhana Chary, learned counsel for the 3rd respondent.

(3.) It has been contended by the petitioner that she has been working as a Principal in Kakatiya Government Degree College, Hanamkonda and as she has completed 11 years of service in Hanamkonda, she was to be compulsorily transferred in terms of the transfer policy. The petitioner further submitted that the State Government had issued guidelines for transfer of employees working in Collegiate Education and Technical Education Department vide G.O.Rt.No.115 dated 06.06.2018, wherein it is specifically stated in para 9 that in case of autonomous Degree Colleges, the transfers shall be effected subject to the recommendations of the Committee constituted vide G.O.Ms.No.42, Higher Education (UE.I-1) Department, dated 04.06.2001 and the candidate with NET/SLET will be treated on par with Ph.D as per UGC Regulations. It is stated that the petitioner had participated in the transfer counseling conducted by the respondents. The grievance of the petitioner is that at the time of transfer counseling, the respondents have not followed the guidelines stated in para 9 of G.O.Rt.No.115 dated 06.06.2018 and the list of autonomous colleges was not displayed and consequently, she could not apply for autonomous Degree Colleges in tune with para 9 of the said G.O.Rt and her case was considered only in terms of para 7 of the said G.O.Rt., whereby transfers from one focal post to another focal post were prohibited and transfers would be effected from focal to non-focal, non-focal to nonfocal or from non-focal to focal posts only. The petitioner's case was considered only in terms of para 7 and she is transferred to Government Degree College, Parkal, Warangal District in the transfer counseling conducted by the respondents and the respondents have not considered the case of the petitioner for transfer to autonomous Degree College, where a separate procedure was to be adopted by the respondents while effecting transfers as per G.O.Rt.No.115 dated 06.06.2018.