JUDGMENT:-

(C. Praveen Kumar, J.)

1. The present Writ Appeal came to be filed under Clause 15 of Letter Patent Appeals assailing the Order, dated 19.02.2020, passed by the learned Single Judge in W.P.No.13592 of 2016, wherein the writ petition was allowed directing the respondents therein to approve the appointment of the 2nd petitioner therein as Junior Lecturer in English in the 1st petitioner therein/College on par with one Smt. K. Kamala.

2. The facts in Writ Petition No.13592 of 2016 are as under:-

i. The first Petitioner College was admitted into grant-in-aid with effect from 16.04.1990. One Sri P.Seshagiri Rao, Aided Junior Lecturer in English, working in 1st petitioner College, absconded from duty since 15.11.1993 and as such, his services were terminated. As such, the said post fell vacant. Thereupon, the first Petitioner College decided to appoint temporary staff in regular process and accordingly, one Ms. C. Srikiran, was appointed as Part Time Junior Lecturer in English, whose term was extended by one year and later extended for another year. At that time, the said Part Time Lecturer approached the erstwhile High Court of Andhra Pradesh, by way of filing W.P.No.13116 of 1999 seeking a direction to the Respondents to regularize her services in the said post.

ii. By an Interim Order, dated 29.06.1999, in W.P.M.P.No.16045 of 1999, the High Court directed the Commissioner and Director of Intermediate Education, not to fill up the vacancy of Junior Lecturer in English until further orders.

iii. Thereafter, a ban on recruitment was imposed in private aided management institutions in the State of Andhra Pradesh. At that point of time, a policy decision was taken by the Commissioner and Director of Intermediate Education to fill up S.C. and S.T. backlog vacancies in the private aided management institutions in the State. Accordingly, permission was given to the first Petitioner College earmarking the post of Junior Lecturer in English for SC ‘A’ (W) at roster point No.2 and one post of Aided Attender earmarking for SC ‘A’ (W). The management called for applications from eligible candidates by way of publication.

iv. In response, the second Petitioner, by name G.Elizabeth, applied for the said post along with others. A written examination and, thereafter, interview was conducted by the Staff Selection Committee. As the second Petitioner was found eligible for appointment as Junior Lecturer in English, the first Petitioner College issued appointment orders in her favour on 30.03.2003, subject to the outcome of the approval by the competent authority.

v. At that point of time, Ms. C. Srikiran filed W.P.M.P.No.32264 of 2002 in W.P.No.16045 of 2002 seeking a direction to the Respondents to continue her in the post of Junior Lecturer (English) against aided vacancy available in the first Petitioner College and accordingly, a direction was given. Later on, the said order was modified on 08.04.2003, directing the Respondents to continue the Petitioners therein if they are in service as on the date of filing of the Writ Petition, by paying the same emoluments. As such, the second Petitioner joined duty on 03.04.2003 and has been discharging her duties.

vi. It is averred that the second Respondent approved the appointment of SC/ST backlog posts under limited recruitment, but, however, for admission of grant-in-aid, orders were issued on 25.03.2003 including the first Petitioner College in grant-in-aid at serial No.3 only in respect of one K. Kamala, Attender and ignored the approval of appointment of 2nd Petitioner. This came to be challenged in the Writ Petition in the year 2016. The Writ Petition was allowed and the relief, as stated earlier, came to be granted. Challenging the same, the State preferred the present Writ Appeal under Clause 15 of the Letters Patent.

3. The Government Pleader for Higher Education mainly submits that, the first Petitioner has advertised in the Andhra Bhoomi and Deccan Chronicle Newspapers on 27.12.2022 fo