SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(AP) 1076

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
D.V.S.S.SOMAYAJULU, J
S.Sudhamani and others – Appellants
Versus
The State of Andhra Pradesh - Respondents
W.P.Nos. 15579, 20811 of 2019, 4703, 7790, 8584 of 2020 and 13087 of 2021
Decided on : 03-11-2021

Advocates:
Advocate Appeared:
For the Appellant : Sri Sri Srinivasa Rao Bodduluri, Sri S.Harinath Reddy, Ms.Yashoda, Sri G.V.L.Murthy, Sri Giri Babu Marthy
For the Respondents: Sri N.A.Ramachandra Murthy

Headnote:(A) The Constitution of India - Articles 309; Rights of Persons with Disabilities Act, 2016 - Writ petitions challenging notification for recruitment of Polytechnic lecturers/workshop attendants and seeking regularization of contract lecturers - Petitioners entitled to regularization only if employed in sanctioned posts; mere long service not sufficient for entitlement - Prima facie evidence showed petitioners were not in sanctioned posts - Notification for recruitment valid for public interest. (Paras 1-30)

(B) Regularization of services - Regularization is an exception, not the rule - Conditions detailed in Supreme Court’s Umadevi and M.L. Kesari cases must be fulfilled for regularization claims. (Paras 16-19)

(C) Estoppel - Petitioners estopped from claiming relief due to conduct; failure to challenge earlier notifications and delay in filing petitions caused loss to State. (Paras 28-29)

(D) Recruitment process - Directions to ensure compliance with 4% reservation for physically challenged as per the 2016 Act; further actions to be taken to establish an expert committee for necessary identification of suitable posts. (Paras 28-30)

Table of Content
1. background of the writ petitions questioning notification. (Para 1 , 2 , 8)
2. contenders claim entitlement to regularization. (Para 3 , 4 , 5 , 6 , 7)
3. state's defense against regularization claims. (Para 9 , 10 , 11 , 12)
4. requirements for regularization established. (Para 18 , 19 , 20 , 21 , 22)
5. court’s directive regarding 4% reservation for physically challenged. (Para 28 , 29)
6. final decisions on the writ petitions. (Para 30 , 31)

ORDER :

1. The batch of writ petitions have been filed before this Court questioning the notification that has been issued on 31.12.2018 (Notification dated 23 of 2018) by the APPSC for recruitment to the post of Polytechnic lecturers/workshop attendants.

2. The entire batch was taken up for hearing together.

3. In WP.No.4703 of 2020, there are 33 petitioners. According to them, they all have been rendering service as contract lecturers in various Government Polytechnics in the State. It is contended that all of them are validly recruited and have been rendering continuous service for more than 10 years. Hence, they argue that they are entitled to regularization in the category of lecturers, in view of the law laid down by the Hon’ble Supreme Court of India in Secretary, State of Karnataka and Or. v. Umadevi’ , (2006) 4 SCC 1 case. They also contend that until they are regularized into service, the respondent-State cannot issue a notification to fill up all the posts.

4. Similarly, in WP.No.7790 of 2020, there are 29 petitioners who have raised a similar plea about the notification that has been issued. They also contend that in view of their long service as contract lecturers, they are entitled to regularization.

5. In WP.No.8584 of 2020, there are 42 petitioners. All of them raised similar grounds. They have been working as contract lecturers and they have been recruited through a valid selection process. Therefore, it is argued that all the petitioners are entitled to regularization.

6. In WP.No.20811 of 2019, two petitioners, who are claiming to be physically dis-advantaged people have filed the writ petition questioning the notification 23 of 2018 on the ground that para 4.2 of the notification is illegal and contrary to the rights given to the physically challenged people under the Rights of Persons with Disabilities Act, 2016 (for short ‘2016 Act’). The prayer is to declare that the A.P. Technical Education Service Rules, 2005 and in particular Rule 4 is illegal and to direct the respondents to issue a fresh notification by providing 4% reservations. In this case also, the challenge is to the recruitment proposed to be made in notification 23 of 2018. These are the essential writ petitions that have been filed questioning this notification.

7. Apart from this, WP.No.13087 of 2021 has been filed by 40 petitioners questioning the inaction of the respondents in finalizing the selection and making appointments pursuant to notification 23 of 2018. These petitioners have appeared for the examination, were selected in the same and were called for the oral interview. They urge that despite the tests conducted in March, 2020 and the oral test conducted in March, 2021, their results are not declared. They also question the right of the petitioners in the other writ petitions to claim regularization.

8. These are the writ petitions which have been taken for hearing.

9. Counters have been filed by APPSC and also the State. The essential defence raised is that the petitioners are not entitled to regularization. It is pointed out that since the petitioners are not working against a sanctioned post, they cannot, as a matter, claim regularization. Both the State and the APPSC point out that earlier notifications were already issued for recruitment of lecturers in polytechnics and that the petitioners have never questioned the same. Therefore, they urge on the ground of estoppel etc., that the petitioners are not entitled to any relief. They also point out that the notification was issued in

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top