IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
R. RAGHUNANDAN RAO, J.
Dr. M. Reddi Bhaskar Reddy, S/o. M. Narayana Reddy – Appellant
Versus
State of Andhra Pradesh - Respondent
W.P.Nos.23770, 37479, 39248, 42902, 43887 of 2017, W.P.Nos.1942, 2975, 3474, 3489, 3809, 4641, 6533, 7572, 8804, 9841, 9932, 10813, 13723, 15724, 20227, 21520, 22226, 23194, 33051, 33349, 36716, 44932, 47427, 47458 of 2018, W.P.Nos.218, 465, 486, 1752, 10496 of 2019 And W.P.No.12589 of 2020
Decided on : 05-03-2021
| Table of Content |
|---|
| 1. challenges and reforms regarding university staffing. (Para 1 , 7 , 8 , 9) |
| 2. reservation principles in andhra pradesh universities. (Para 2 , 3 , 4) |
| 3. regulations for appointment reservations in ugc guidelines. (Para 5) |
| 4. writ petitions challenging reservation implementations. (Para 10 , 11 , 12 , 13) |
| 5. arguments against grouping and ratio of reservations. (Para 14 , 15 , 16 , 17 , 18) |
| 6. court's assessment of maintainability of petitions. (Para 19 , 20) |
| 7. urgency of recruitment processes in universities. (Para 22 , 23) |
| 8. application of reservations as per judicial pronouncements. (Para 24 , 25 , 26 , 27) |
| 9. court ruling on inappropriate reservation classifications. (Para 28 , 29 , 30) |
| 10. framework for horizontal and vertical reservations. (Para 38 , 39 , 40 , 41 , 42 , 43) |
| 11. clarification of disability reservations. (Para 44 , 45 , 46) |
| 12. significance of post-based reservation systems. (Para 47 , 48 , 49) |
| 13. rationalization of staffing process and necessity of review. (Para 50 , 51 , 52 , 53 , 54 , 55) |
| 14. final court observations and directives. (Para 56 , 57 , 58 , 59 , 60) |
ORDER :
Heard Sri Vedula Venkata Ramana, learned Senior Counsel, Sri A. Satya Prasad, learned Senior Counsel, learned Additional Advocate General, Sri P.B. Vijayakumar, Sri P.V. Ramana, Sri J. Sudheer, Sri P.S.P. Suresh Kumar, Sri Ugra Narasimha, and Sri N.V. Sumanth, Advocates for the parties.
2. There are 14 State Universities in the State of Andhra Pradesh. The teaching staff in these Universities consist of lecturers, readers and professors. These posts were redesignated as Assistant Professors, Associate Professors and Professors. Until the year 1982, reservation was provided only for the posts of lecturers. The Government, by way of G.O.Ms.No.927 Education Department dated 20.11.1982 extended reservations to the posts of readers also. The method of implementing the reservation for these posts was set out in G.O.Ms.No.995, Education (c) Department, dated 16.12.1982. The relevant portions of the G.O. are set out below:
The principle of carry forward of vacancies in Government posts has been clearly indicated in Rule 22 of Andhra Pradesh State and Subordinate Service Rules. The same procedure shall be adopted by the Universities, constituent colleges and Post Graduate centres also in regard to carry forward of vacancies.
Point No.(2):
Keeping in view the decision taken in the Vice-Chancellors’ conference held at Tirupathi on 09.04.1981 Government directed that the reservation in the Teaching Posts should be made by grouping the faculties as indicated below:
Group I Arts, Commerce, Business Management, Law, Social Sciences and Education including all languages.
Group II Sciences
Group III Engineering and Technology
Point No.(3):
All appointments of Readers to be made with effect from 20.11.1982 shall be in accordance with the orders issued in G.O.Ms.No.927, Edn., dated 20.11.1982 and the carry forward rule shall be applicable for the vacancies that arise on and from 20/11/1982. Scheduled castes/Schedules Tribes/Backward Class candidates selected and appointed on merit against open competition should not be counted against the reserved quota.”
3. The above method was slightly modified by way of G.O.Ms.No.420, dated 18.11.1995. By G.O.Ms.No.928, dated 6.10.1995, Rule 22-A of the Andhra Pradesh State and Subordinate Service Rules was amended providing reservation to women in public services. By G.O.Ms.No.456, Education Department, dated 21.12.1995 the Government extended this reservation given to women, to teaching and non-teaching staff of the Universities by adopting sub-rule (2) of Rule 22-A of the State and Subordinate Service Rules for Universities. The relevant provisions being:
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