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2023 Supreme(AP) 219

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
Chintala Goutham - Petitioner
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No.7144 Of 2021
Decided On : 02-02-2023

Advocates Appeared:
For the Petitioner: Penumaka Venkata Rao.

Headnote:

Constitution of India,1950 - Article 226 - AP. State & Subordinate Service Rules, 1996 - Rule 12 - Post of Junior Lecturer - Eligibility Test - Selection Petitioner herein is belonged to BC-B category and completed five years programme of M.Sc. (Bio-Sciences) in year from 4th respondent deemed University - He further submitted that he was selected as Assistant Professor/Lectureship on through A.P. State Eligibility Test (APSET-2012) conducted by Osmania University - Then he also selected for Joint CSIR-UGC test for Eligibility for Lectureship (NET) held on conducted by Council for Scientific & Industrial Research and a certificate was issued to that effect - Thereafter, he had been worked as Assistant Professor/Lecturer in various private institutions in states of Andhra Pradesh and Karnataka - He further submitted that he applied for post of Junior Lecturer in Zoology subject in connection with Notification No., dated - Held, Other contention of learned standing counsel that petitioner does not possess degree of M.Sc. (Zoology) or any other recognized equivalent certificate, he cannot teach subject of Zoology to students is also not sustainable for reason petitioner specifically studied B.Sc.(Biology) and M.Sc. (Biosciences) which includes Botany and zoology as notified by 6th respondent - Letter addressed by 2nd respondent dated directing 3rd respondent and other respondents to consider candidature of petitioner as per certificate issued by 4th respondent and also as per Notification dated of 6th respondent for recruitment of PG teachers in respect of Zoology subject, without observing the correspondence made by 2nd respondent for selection of Junior Lecturers in respect of Zoology subject, If petitioner is otherwise eligible within a period of two months from date of receipt of orders - It is needless to observe that respondents are not precluded from proceeding against petitioner by following due process of law after providing an opportunity of hearing to petitioner - Writ petition is allowed.

ORDER :

1. The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

    “..to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the Memo No. 560/JL/2018, dated 04.02.2021 issued by the 3rd respondent in rejecting the Petitioner's candidature for the post of Junior Lecturer in A.P. Intermediate Education on the ground that his qualification of M.Sc Bio-Science is not equivalent to M.Sc. Zoology as per Lr.No.APSCHE/AC/JL/Recruitment/Equivalence/2020, dated 11.01.2021 issued by the 2nd respondent despite the 4th respondent categorically opined that M.Sc Bio-Science is equivalent to M.Sc Zoology by a letter in SSSIHL/20- 21/141/1698, dated 07.11.2020 and without obtaining expert opinion from the competent authority as illegal, arbitrary, contrary to the notification and Unconstitutional and consequently direct the 3rd respondent to select the Petitioner's candidature for the post of Junior Lecturer in A.P. Intermediate Education by setting-aside the above impugned proceedings issued by the 3rd respondent and to pass such other order or orders..”

2. Heard the learned counsel for the petitioner, learned Government Pleader for the respondents, learned standing counsel for the 2nd and 3rd respondents, and learned counsel for the unofficial 4th respondent.

3. The facts of the case in brief is that the petitioner herein is belonged to BC-B category and completed five years programme of M.Sc. (Bio-Sciences) in the year 2010 from the 4th respondent deemed University. He further submitted that he was selected as Assistant Professor/Lectureship on 27.07.2012 through A.P. State Eligibility Test (APSET-2012) conducted by the Osmania University, Hyderabad. Then he also selected for Joint CSIR-UGC test for Eligibility for Lectureship (NET) held on 20.12.2015 conducted by the Council for Scientific & Industrial Research, New Delhi and a certificate was issued on 05.10.2016 to that effect. Thereafter, he had been worked as Assistant Professor/Lecturer in various private institutions in the states of Andhra Pradesh and Karnataka. He further submitted that he applied for the post of Junior Lecturer in Zoology subject in connection with the Notification No. 22/2018, dated 28.12.2018 issued by the 3rd respondent for filling up of vacancies in various subjects regarding Junior Lecturer posts in A.P. Intermediate Education. After considering the marks secured in the written examination, the 3rd respondent issued call letter to him intimating that the verification of certificates and interview will be held on 18.11.2020 at 3rd respondent's office. Accordingly, he appeared for interview and certificates also verified. He also submitted that his name was not mentioned in the results of the selected persons list announced on 02.02.2021 by the 3rd respondent but he received a mail from the 3rd respondent on 15.02.2021 stating that his candidature was rejected on the ground of his Post Graduation degree i.e. M.Sc. (Bio-Sciences) is not equivalent to M.Sc. (Zoology).

4. Learned counsel for the petitioner submitted that the application as well as certificates of the petitioner is verified and allowed for written examination and also for interview. After completion of the interview, at the stage of verification of certificates the candidature of the petitioner was rejected on the ground that M.Sc. (Biosciences) of the 4th respondent institution is not equivalent to M.Sc. (zoology). The learned counsel for the petitioner contended that the 3rd respondent issued a Notification No. 22/2018, dated 28.12.2018 for filling up of vacancies in various subjects for Junior Lecturer posts in A.P. Intermediate Education, wherein in respect of Zoology Subject which is at Serial No.11 notified four (04) posts under Carried Forward category and Sixteen (16) posts under Fresh Vacancies category and in respect of Zoology Subject pertaining to Educational Qualifications, it is cle

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