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1998 Supreme(AP) 470

Andhra Pradesh High Court
Judges : A.HANUMANTHU, P.VENKATRAMA REDDY
A.P.Scheduled Castes Welfare Association, rep.by its Secretary General, HYDERABAD - Appellant
Versus
Government Of A.P.rep by its Principal Secretary, of Home Department, Hyderabad - Respondent
Decided On : 07-24-98

Headnote:

A. P. State and Subordinate service Rules. - Rule 22 - Educational notification issued by Srikrishna Devaraya University, Anantapur for the purpose of recruitment of teaching staff i. e. Lecturers, Readers and Professors and in the Post Graduate centre, Kurnool affiliated to that University on the ground that grouping of departments for the purpose of reservations is illegal and contrary to the law -whether the grouping of the departments/subjects into group-I (Arts) and group-II (Sciences) in the impugned notification and following the alphabetical order within the group for the purpose of implementing the policy of reservation is void or unconstitutional – Held, ARTICLE 38 of the Constitution of India envisages that the State shall striveto promote welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political shall inform all the institutions of the national life; and in particular strive to minimise the inequalities in income and endeavour to eliminate inequauties in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. Art. 46 of the Constitution enjoins that educational and economic interests of the weaker sections of the people, and, in particular, of the SCs and STs shall be prompted by the State and they shall be protected from social injustice and all forms of exploitation - Art. 335 of the Constitution mandates the State that in the field of competition, the claims of the members of the scs and STs shall be taken into consideration, consistenly with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State - writ petition who applied for the post of Professor of Telugu and who declined to appear for the interview is that the reservation for women has not been followed in regard to Professors posts, though the Government Orders adopted by the University make it obligatory to do so. Prima facie, there seems to be a violation in this regard – Court not inclined to interfere for the reason that the petitioner failed to appear for the interview on an untenable ground that outside expert was not properly nominated. It would have been a different matter if the petitioner got selected after going though the selection process. She would then have had a legitimate claim to press for providing reservation if it is otherwise available for the post in question -Moreover, even if the Rule of reservation for women had been applied, the post of Professor of Telugu would not have been within the slot of women reservation. Therefore, no prejudice is caused to the second petitioner – Writ petition dismissed

A. HANUMANTHU, J.

( 1 ) THESE writ petitions have been filed challenging the educational notification sku/eei/97, dated 20-3-1997 based on the G. O. No. 995 (Edn.), dated 16-12-1992 issued by Srikrishna Devaraya University, Anantapur for the purpose of recruitment of teaching staff i. e. Lecturers, Readers and Professors in Sri Krishna Devaraya University, Anantapur, and in the Post Graduate centre, Kurnool affiliated to that University on the ground that grouping of departments for the purpose of reservations is illegal and contrary to the law laid down by the Apex Court.

( 2 ) NOW a glance at the introductory facts. Sri Krishnadevaraya University (hereinafter referred to as "s. K. University") came into existence on 25-7-1981. The Post Graduate Centre at Kurnool which was previously affiliated to sri Venkateswara University, Tirupati has been annexed to S. K. University in the year 1993. S. K. University has been offering various courses in various faculties. It has been following the rules of reservation applicable to State government employees. For implementing the rule of reservation with respect to the teaching staff in the Universities existing in the State, the Government of Andhra Pradesh issued the G. O. Ms. No. 927, Edn. dated 20-11-1982 giving the following clear instructions to all the Universities (in the State) for strict compliance: (1) the rule of reservation for direct recruitment shall be applied and followed in respect of posts of Readers also in the Universities; (2) the roster system for appointments prescribed in Rule 22 of the Andhra pradesh State and Subordinate Service Rules in its application to scheduled Castes/scheduled Tribes and Backward Classes, shall be maintained and followed for filling up of vacancies by direct recruitment of the posts of Lecturers and Readers in the Universities;and (3) as far as carrying forward of vacancies is concerned the principles adopted by the Government should be followed. On the above instructions, certain Universities had raised certain points for clarification as follows: (1) to specify the principle adopted by the Government in regard to carry forward of vacancies. (2) to clarify specifically, if the roster and carry forward is to be applied subject-wise, that is, in relation to all the concerned category of posts in all the departments put together. If the roster is to be maintained in relation to all the vacant Lecturerships in all the departments put together, and similarly for all the Readerships, the mechanics, how it should be implemented, that is, how the earmarking of the posts, should be done to specific reservation groups may be indicated. (3) and the date from which the principles of carry forward is to be applied. On the above points, the Government have issued the clarification in g. O. Ms. No. 995, Edn. dated 16-12-1982 as follows: (1) The principle of carry forward of vacancies in Government posts has been clearly indicated in Rule 22 of the A. P. State and Subordinate service Rules. The same procedure shall be adopted by the universities, constituent colleges and post-graduate centres also in regard to carry forward of vacancies. (2) Keeping in view, the decision taken in the Vice-Chancellors conference held at Tirupati on 09-04-1981, Govt. direct that the reservation in the teaching posts should be made by grouping the faculties as indicated below: group-I: Arts, Commerce, Business Management, Law, Social sciences and Education including all languages. Group-II: Sciences. Group-III: Engineering and Technology. Each group should be treated as a single unit and the roster system prescribed in Rule 22 of General Rules shall be followed. (3) All appointments of Readers to be made with effect from 20-11-1982 shallbe in accordance with the orders issued in G. O. Ms. No. 927, Edn,, dated 20-11-1982 and the carry forward rule shall be applicable for the vacancies that arise on and from 20-11-1982 Scheduled Castes/ scheduled Tribes / Backward Class can
























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