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2023 Supreme(AP) 89

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
Iqbal Hyder – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 22688 of 2020
Decided On : 06-01-2023

Headnote:

Andhra Pradesh Higher Education Regulation and Monitoring Commission Act, 2019 - Employment and Service - Transfer of service - Held, Other contention of the learned standing counsel that the petitioner is only posted as an Assistant Professor in the Department of Physiology at the 4th respondent college which is one of the constituent colleges of University University authorities are empowered to transfer petitioner from one constituent college to another constituent college, is not acceptable in view of ratio laid down by Hon'ble Supreme Court High Court of High Court as well as this Court as stated - Contention of the learned standing counsel that the ban on transfers imposed by the 1st respondent is not at all applicable to respondent University is untenable in - Writ Petition is allowed

ORDER :

1. This writ petition is filed to declare the action of respondent Nos. 2 and 3 in transferring the petitioner from the 4th respondent college to the college of Veterinary Sciences, Garividi, vide memo dated 16.11.2020, as illegal and arbitrary and consequently, to direct respondent Nos. 2 and 3 to continue the petitioner as Assistant Professor in the 4th respondent college.

2. Heard the petitioner, who appeared in person, learned Government Pleader for the 1st respondent and learned standing counsel for respondent Nos. 2 to 4.

3. According to the petitioner, he was appointed as Assistant Professor in the Department of Physiology of the 4th respondent institution in the year 2013. In the year 2016, he was selected for prestigious Netaji Subhash International Fellowship of Indian council of Agriculture Research (ICAR) for pursuing Ph.D. in the University of Veterinary Medicine Hanover, Germany. After completion of the Ph.D. at Germany, he returned to India and posted in the 4th respondent college in the month of February, 2020. He was accredited by the SVVU to teach and supervise Post Graduate Veterinary students and was kept as a member of Research Advisory Committee. While so, respondent Nos. 2 and 3 transferred the petitioner to the College of Veterinary Sciences, Garividi, vide memo dated 16.11.2020 on the basis of the reference letter dated 16.10.2020 and directed the petitioner to get relieved on or before 30.11.2020 by violating the statutory rules. Questioning the same, he filed the present writ petition.

4. The petitioner submits that the College of Veterinary Sciences, Garividi, was established as a constituent college under Sri Venkateswara Veterinary University in the month of May, 2016 to impart Veterinary Education to the students as per the norms of Veterinary Council of India. The 1st respondent issued G.O.Ms. No. 14 dated 01.03.2019 by enhancing the teaching staff from 16 to 77 as per the norms of Veterinary Council of India to the college of Veterinary Sciences, Garividi, but the 2nd respondent did not make any efforts to comply with the said G.O, but instead, started adjusting the staff from one college to another by disturbing the academic interest of the students of already well established colleges i.e. the 4th respondent college and other colleges. The petitioner also submits that the 1st respondent enacted Andhra Pradesh Higher Education Regulation and Monitoring Commission Act, 2019 under which regulations and guidelines were framed to all Higher Educational Institutions in the State of Andhra Pradesh to strictly maintain ‘student faculty ratio’. The petitioner contends that his transfer from the 4th respondent college to the newly established college of Veterinary Sciences at Garividi where there are no students, is nothing but depriving the academic interest of the students at well established colleges. He submits that the Department of Physiology at the 4th respondent college runs with a strength of two Assistant Professors. In view of his transfer from the 4th respondent to the college of Veterinary Sciences at Garividi, the student faculty ratio is violated:

(i) The petitioner further submits that his transfer from the 4th respondent college to the college of Veterinary Sciences at Garividi is arbitrary, high handedness and with a mala fide intention, since he questioned the higher ups regarding recruitment of 150 candidates against the norms and also found fault with the irregularities and illegalities in maintaining the seniority list as well as the promotions undertaken by the 2nd respondent university. The petitioner submits that the 1st respondent issued G.O.Ms. No. 245 dated 22.12.2016 directing the 2nd respondent to take appropriate and necessary action for filling up of teaching as well as non-teaching staff to the college of Veterinary Sciences at Garividi. The principal of the college of Veterinary Sciences at Garividi also addressed a letter to the 2nd respondent requesting to initiat

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