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1993 Supreme(SC) 654

KULDIP SINGH, S.C.AGRAWAL
Andhra University Through Its Registrar – Appellant
Versus
Sivaram – Respondent


JUDGMENT

Special leave granted.

2. The respondents were serving the Institute of Coastal and Offshore Research (INCOR) in different capacities. In the year 1989, the INCOR as a department was wound up and all the posts therein were abolished. The respondents sought a writ in the nature of mandamus from the Andhra Pradesh High Court seeking a direction that INCOR being a part of the Andhra University, the respondents were entitled to be absorbed in the University on equivalent posts. A learned single Judge of the High Court rejected the contention of the respondents that INCOR was a unit of the University. The learned single Judge, however, directed the University to frame a scheme to absorb the respondents in the service of the University in the existing and future vacancies. The learned single Judge dismissed the writ petition in the following terms:-

"To my mind it will be neither just nor proper to draw an inference for the aforesaid material that INCOR was a wing of the University. Here so when the petitioners have not filed their appointment letters and their recruitment was not made as contemplated by the statutory provisions of the University. The Syndicate had indicated that i












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