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2021 Supreme(AP) 1072

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

Advocates:
Advocate Appeared:
For the Appellant : Sri Vedula Venkata Ramana Sr. counsel, Sri A. Satya Prasad, Sr. counsel, Sri J. Sudheer, Sri P. B. Vijay Kumar, Sri J. Ugranarasimha, Sri P.V. Ramana, M/s. Indus Law Firm, Sri Penjuri Venugopal
For the Respondents: Sri P.S.P. Suresh Kumar, Sri P. Venugopal.

Headnote:(A) Andhra Pradesh State and Subordinate Service Rules - Rule 22 - G.O.Ms.No.995 and G.O.Ms.No.420 - Reservation in teaching posts - The court held that reservation must be applied at the department level and not by grouping faculties, quashing G.O.Ms.No.995 and G.O.Ms.No.420 for inconsistency with Supreme Court judgments. (Paras 25-30)

(B) Women and physically handicapped - Vertical vs. Horizontal reservations - Horizontal reservations for women and persons with disabilities confirmed, requiring no specific roster points to be assigned. (Paras 52-53)

(C) Regularization of service - Long service does not amount to an automatic right to regularization, as established in prior Supreme Court rulings. (Paras 58-59)

Facts of the case:
A series of petitions challenged the reservation and recruitment process for teaching staff across State Universities based on previous government orders purportedly violating established legal principles regarding reservations.

Findings of Court:
The court invalidated several G.O.s pertaining to reservations while reaffirming the necessity for adherence to post-based rosters, not vacancy-based systems.

Issues: The main issues included the unit of reservation application, validity of reservations for different categories, and the method of rationalization undertaken by the universities.

Ratio Decidendi: The court concluded that treating the entire university as a unit for applying reservations was unlawful and mandated using the department as the unit, emphasizing that horizontal reservations require distinct treatment without competing against vertical categories.

Result: The identified G.O.s relating to reservations were struck down, orders for fresh recruitment under revised processes were mandated.

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:

    “Point No.(1):

    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

    Each group should be treated as a single unit and the roster system prescribed in Rule 22 of the General Rules should be followed.

    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:

    “3. The Government after careful consideration, hereby order that sub-rule 2 of rule 22-A of the State and Sub- Ordinate Serv

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