IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO, J.
Dr. K. Rajamanikyam - Appellant
Versus
The State Of Andhra Pradesh and Others - Respondents
Writ Petition No.1834 of 2021, 13001 and 13003 of 2021
Decided on : 24-01-2025
(A) Constitution of India - Articles 14, 19, 21 - Writ of Mandamus - Petitioner challenged the appointment of the 5th respondent as Principal in-charge, claiming it violated her rights and seniority as per G.O.Ms.No.127 dated 07.06.1993 - Court found that the petitioner had left the institution and thus the cause of action no longer existed. (Paras 1, 4, 12)
(B) Writ Petitions - The court consolidated multiple writ petitions due to identical issues and facts, leading to a common order for closure based on the petitioner's current employment status. (Paras 2, 12)
Facts of the case:
The petitioner, qualified as a lecturer, claimed her seniority was ignored when the 5th respondent was appointed as Principal in-charge, violating established rules and procedures. (Paras 4, 12)
Findings of Court:
The court concluded that the petitioner had left the institution and thus the writ petitions were closed as the cause of action no longer existed. (Paras 12)
Issues: The main issue was whether the appointment of the 5th respondent violated the petitioner's rights and seniority. (Paras 1, 4)
Ratio Decidendi: The court ruled that since the petitioner was no longer associated with the institution, the writ petitions lacked merit and were closed. (Paras 12)
Result: All the Writ Petitions are closed.
| Table of Content |
|---|
| 1. petitioner claims violation of seniority (Para 4 , 5 , 6 , 7 , 8 , 10 , 11) |
| 2. petitioner's counsel argues for closure (Para 9) |
| 3. court considers employment status (Para 12) |
| 4. writ petitions closed (Para 13) |
ORDER:
WP Nos.1834 of 2021 is filed under Article 226 of Constitution of India for the following relief:
“…. to issue Writ order or orders specially one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not appointing the petitioner as Principal incharge / FAC and appointing the 5th respondent as Principal in charge / FAC in 4th respondent College is illegal arbitrary unconstitutional in violation of Article 14, 19, 21 of the constitution and also in utter violation of the A P Collegiate Education Services Special rules issued in GO MS No 127 dated 07.06.1993 and also the seniority list prepared in the month of December 2020 by the 4th respondent College and consequently direct the respondents 1 to 4 to appoint the petitioner as a Principal incharge / FAC till the regular selections are made in the 4th respondent College and pass……”
WP No.13001 of 2021 is filed under Article 226 of Constitution of India for the following relief:
“…. to issue appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned communication in LrRc No 205/Admn IB/20211 dated 01.07.2021 in directing the Management Governing Body of SPMH College Machilipatnam to suspend Sri D G Sastry from the Correspondentship of the College and appointing the Principal Government Degree College Pamarru as Special Officer is illegal unjust arbitrary unwarranted and offends the petitioners right guaranteed under Article 19 1 g of the Constitution of India and consequentially set aside the same and pass …”
WP No.13003 of 2021 is filed under Article 226 of Constitution of India for the following relief:
“…. to issue appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned communication in Lr.Rc.No.205/Admn IB/20211 dated 01.07.2021 in directing the Management Governing Body of SPMH College Machilipatnam to suspend Sri D G Sastry from the Correspondentship of the College and appointing the Principal Government Degree College Pamarru as Special Officer is illegal, unjust, arbitrary, unwarranted and offends the petitioners right guaranteed under Article 19 (1)(g) of the Constitution of India and consequentially set aside the same and pass….”
2. As the issue involved in all these writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.
3. Since the facts in all the writ petitions are similar and identical, therefore WP No.1834 of 2021 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
4. Brief facts of the case are that the petitioner studied M.A in English.In the year 2002 the 4th respondent college herein issued notification calling for the applications from the eligible candidates for filling up of the Aided Back- log vacancies. As the petitioner is fully qualified to hold the post of lecturer in English, she has made an application along with others. After following the due process, she was selected and appointed as lecturer in English by proceedings dated 18-01-2002. It is stated that, in the year 2017, the management of the 4th respondent college circulated the seniority list on 19.08.2017. In the said seniority list, the petitioner was figured at Serial No. 5. The 5threspondent herein is figured at Serial No.6. In the year 2017, itself the post of Principal was fell vacant after attaining the age of superannuation of the regular Principal. The management without following the due procedure contemplated in G.O.Ms.No.127, dated 07.06.1993, appointed the 5th respondent herein as in-charge/ FAC Principal. Thereafter, the petitioner has made a representation to the 2nd respondent herein on 16.10.2017, with a req
The court ruled that a writ petition lacks merit if the petitioner is no longer associated with the institution in question.
The Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.
The court ruled that administrative decisions regarding college principal appointments may be reviewed for compliance with statutory regulations, particularly UGC Guidelines, emphasizing the importan....
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
Writ of mandamus – Employment and service matter – Appointment of Principle of college - Selection Process - Appointment of Principal in College has to be as per recommendation of Selection Committee....
The main legal point established in the judgment is that the government is not obligated to pay the salary of an individual appointed in a non-sanctioned post from the government grant.
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
The court affirmed that educational authorities must consistently approve appointments for similarly situated individuals, rejecting arbitrary refusals.
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