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1998 Supreme(AP) 829

Andhra Pradesh High Court
Judges : B.S.A.SWAMY
P.Usha Rani - Appellant
Versus
Principal, Prasanna Gajanana Jr.College for Girls, Shamsheer Gunj, Hyd. - Respondent
Decided On : 11-13-98

Headnote:

A. P. College Service Commission Act - Section 13 - Education - Petitioner apprehending that her services will be terminated as Junior Lecturer in Economics in Junior College for Girls, which is under private management and which was admitted to grant-in-aid on the ground that she has not been allotted by the College Service Commission and sought for a writ of Mandamus seeking a direction to the respondents to regularise her services and to absorb her on regular basis with all consequential benefits as she was working in that capacity on ad hoc basis - Held, Court find that all the appellants have been regularised as teachers and appointed as Lecturers approved by the Executive Council since 1986 more than 11 years back - Respondent 1 very fairly states he has nothing against these appellants. They are all competent teachers fully qualified to be appointed as such - Court feel setting aside and disturbing their appointments now would create great turmoil and would affect the teaching in the University and, in turn, the students at large and even the appellants also, who in the hope continued for long - Court feel it would not be appropriate on the facts and circumstances of this case to set aside their appointments as teachers - Petition allowed.

B. S. A. SWAMY, J.

( 1 ) WRIT petition No. 15283 of 1990 was filed by the petitioner apprehending that her services will be terminated as Junior Lecturer in Economics in Sri Prasanna Gajanana Junior College for Girls, Hyderabad which is under private management and which was admitted to grant-in-aid on the ground that she has not been allotted by the College Service Commission and sought for a writ of Mandamus seeking a direction to the respondents to regularise her services and to absorb her on regular basis with all consequential benefits as she was working in that capacity since 5-8-1985 on ad hoc basis. She also filed WP MP No. 19629 of 1990 to direct the respondents to continue her services as Junior Lecturer in the College on the same terms and conditions till she is absorbed on regular basis.

( 2 ) THIS Court while ordering notice before admission in the writ petition directed that this writ petition be posted along with Writ Petition Nos. 14313 of 1990 and 15320 of 1990 on 21-11-1990 by order dated 7-11-1990 and ordered notice in the WP MPs. Thereafter the writ petition underwent several adjournments and the same was admitted only on 26-6-1992 and no interim orders were passed by this Court directing her continuance in the post. The management seemed to have terminated her services on 19-11 -1990 to accommodate Smt. Latha Rani and thereafter the petitioner seemed to have filed WP MP No. . . . . seeking permission of the Court to implead the said Latharani as party respondent to the proceedings. But nearly for 4 years the application could not be posted before the Court on the ground that the same was not traced out in the Registry. In those circumstances the petitioner seemed to have filed fresh writ petition No. 3sss of 1994 on the file of this Court seeking the same relief. The only change in this writ petition was that Smt. Latha Rani was impleaded as 5th respondent. This writ petition was admitted on 9-3-1994. Subsequently the Andhra Pradesh College Service Commission was also impleaded as party respondent by filing WP MP No. 2282 of 1996 by virtue of the orders of this Court dated 11-4-1996. I have taken up both the cases for final hearing on 23-7-1998 and the matter underwent several adjournments to find out whether both the candidates can be accommodated in the College. The learned Counsel for the petitioner contended that there is sufficient work load to accommodate both the petitioner and the respondent and the learned Counsel for the respondent contended that there is no work load to accommodate two Lecturers. In those circumstances i appointed an Advocate-Commissioner by order dated 5-8-1998. As per the report filed by the Advocate-Commissioner it is seen that in the light of the directions given by the Board of Intermediate Education, issued proceedings in RC No. 967/ E2-1/98-99, dated 14-7-1998 increasing the student strength in each Section to 110, the possibility of accommodating another Lecturer became bleak, In the above circumstances I have taken up further hearing of the matter and during the course of arguments the learned Counsel for the petitioner started contending that the procedure followed by the 6th respondent i. e. , the Andhra Pradesh College Service Commission in selecting the candidates for appointment is vitiated on various grounds apart from the fact that the 6th respondent allotted 5th respondent to the College on the verge of excluding the private College from the purview of the Andhra Pradesh College Service Commission by amending Act 25 of 1990. He also brought to my notice that in the entire State no Lecturer allotted by the College Service Commission was absorbed in any of the private Colleges except this candidate even in this College. In those circumstances I directed the College Service Commission to file its counter by order dated 20-8-1998. The learned was instructed by the 6th respondent to represent their case also before this Court. The learned GP has taken objection for ra





















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