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2007 Supreme(AP) 534

Andhra Pradesh High Court
Judges : G.S.SINGHVI, C.V.NAGARJUNA REDDY
OSMANIA UNIVERSITY, REP.BY ITS REGISTRAR, HYDERABAD - Appellant
Versus
A.SREENAIAH - Respondent
Decided On : 06/05/2007
Writ Appeal 422 Of 2007

Advocates Appeared: DEEPAK BHATTACHARJI, K.BALAGOPAL, K.S.MURTHY

Headnote:

Education and University - Employment and Service matter - Assistant Professors Selection process - Group I and II! Posts - Recruitment - Appeals against order passed by learned Single judge in W. P. M. P – A perusal of the record shows that in compliance of order passed by the learned Single Judge in Writ Petition batch, direction given by the Division Bench in Writ Appeal and permission accorded by the Government of Andhra Pradesh, the appellant University issued Advertisement, for recruitment of 163 Assistant Professors – Opening paragraph of the advertisement reads as under – In compliance of direction of Honble high Court in W. P. and batch and direction of honble Division Bench in W. A. and batch, permission given to notify vacancies by Government, the decision taken by the Executive Council of the University to notify the vacancies, the approval given by the Social Welfare Department confirming roster points and the final approval given by the Executive Council to notify the vacancies – Held, learned Single Judge did not even advert to the issues of irreparable injury, balance of convenience and public interest and accepted the spacious assertion made on behalf of the writ petitioners that if the selection is allowed to be held, third parties interest would creep in and chaotic situation will prevail – In our considered view, the recommendations made by the selection committee and appointments, if any made by University will not cause any injury, much less an irreparable injury to writ petitioners and mere fact that they may have to implead selected candidates as parties to the writ petition cannot justify a wholesale stay of the recruitment process - If the writ petitions are ultimately allowed, the court may give appropriate relief to the petitioners and settle the equities, but interlocutory intervention, which has the effect of putting the process of selection in abeyance, is not at all warranted, more so because the respondents have an opportunity to represent their grievance before the executive Council which, as mentioned above, is required to approve the recommendations made by the selection committee – Order of the learned Single Judge is set aside - Appeals allowed.

G. S. SINGHVI, C. J.

( 1 ) THESE appeals are directed against order dated 26/4/2007 passed by the learned Single judge in W. P. M. P. Nos. 10986 and 10886 of 2007 in Writ Petitions No. 9458 and 9457 of 2006 and W. V. M. P. No. 399 of 2007 in vvpmp. No. 1503 of 2007 (Writ Petition no. 1176 of 2007), whereby he stayed the selection process initiated by the appellant in respect of Group I and II! posts.

( 2 ) A perusal of the record shows that in compliance of order dated 27/8/2004 passed by the learned Single Judge in Writ Petition no. 8664 of 1998 and batch, the direction given by the Division Bench in Writ Appeal no. 244 of 2005, and permission accorded by the Government of Andhra Pradesh, the appellant University issued Advertisement no. 1 of 2006, dated 31 -3-2006 for recruitment of 163 Assistant Professors. The opening paragraph of the advertisement reads as under:

"in compliance of direction of Honble high Court in W. P. No. 8664 of 1998 and batch, dated 27-8-2004 and direction of honble Division Bench in W. A. No. 244 of 2005 and batch, dated 24-1-2006, permission given to notify the vacancies by Government, the decision taken by the Executive Council of the University to notify the vacancies, the approval given by the Social Welfare Department confirming the roster points and the final approval given by the Executive Council to notify the vacancies, the following advertisement is released to notify the 163 number of vacancies of Assistant professors. "

( 3 ) THE respondents challenged the advertisement by filing separate writ petitions mainly on the ground that the roster points have not been correctly fixed and, on that account, they are being deprived of the right to be considered for appointment in the faculties of their choice. They also filed miscellaneous petitions to restrain the appellant University from finalising the process of selection. By an order dated 2-5-2006 passed in W. P. M. P. No. 11956 of 2006 in Writ Petition No. 9458 of 2006 - a. Sreenaiah v. Osmania University, the learned Single Judge stayed the recruitment in Technology Unit of Group. For the sake of convenient reference, that order is reproduced below: "prima facie, Advertisement No. 1/2006 dated 31 -3-2006 calling for applications to fill up certain vacancies in the faculty of the respondent-university, in particular, pertaining to the "technology discipline" in Group-Ill vide advertisement No. 1 of 2006 dated 31 -3-2006 appears to be irrational as the exact discipline, whether Chemical engineering or Textile Technology or even Food Technology is not mentioned and even the requisite qualifications appended to the advertisement notification required a first-class bachelor degree or afirst-class Masters degree in the appropriate branch of Chemical Engineering/textile technology. The learned Standing Counsel for the respondent was at a loss to even prima facie satisfy this Court that a Bachelor in textile Technology was competent to instruct students of B. Tech in Chemical engineering or vice versa. Forthe aforesaid reasons, there shall be an interim stay of further proceedings pursuantto Advertisement No. 1 of 2006 dated 31-3-2006 of the respondent insofar as the recruitment to vacancies in the technology unit of Group-Ill of the respondent-university is concerned. "

( 4 ) THEREAFTER, by an order dated 23-1-2007 passed in W. P. M. P. No. 1503 of 2007 in Writ Petition No. 1176 of 2007 - dr. M. Laxman v. Osmania University and others, another learned Single Judge directed the respondents not to fill up one post of assistant Professor in the Public administration Department. Two similar orders were passed by the learned Single judge on 13-2-2007 in W. P. M. P. No. 3426 of 2007 in Writ Petition No. 2675 of 2007 - ramagiri Srinivasa Rao v. Osmania University and another, and 22-2-2007 in W. P. M. P. No. 34611 of 2006 in Writ Petition No. 9457 of 2006 - T. Premaiah v. Osmania University.

( 5 ) IT is borne out from the record that on 30-1-2007, the c


















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