ORDER :

This writ petition is filed under Article 226 of the Constitution of India for the following relief:-

“to issue an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not regularizing the services of the Petitioner as Guest Faculty in English Language Lab Instructor and trying the replace the petitioner with another temporary Guest Faculty and orally directing the petitioner not to attend for work as arbitrary illegal inviolation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents to regularize the services of the Petitioner as Guest Faculty in English Language Lab Instructor and pay the regular payscale attached to the post on par with the regular Faculty and to pass other or further orders…….”

2. Brief facts of the case are that the petitioner was appointed as Lab Instructor to maintain the computer lab and to teach Non Core paper “Functional English” in the Department of English. During the year 2015, Five Men Committee was appointed by the 3rd respondent to conduct test the persons those who are continuing as Guest Faculty, and after passing the above test, the petitioner and others were being continuing in service, and in the meanwhile, the petitioner has got Ph.D in the year 2018. It is further stated that as per proceedings mentioned in the affidavit filed by the petitioner, it clearly establishes that he is continuing in service as Guest Faculty, in the 3rd respondent University with effect from 2014 onwards, without there being any break in services. Even though the petitioner is continuing in service, his name was not shown in the remuneration slips vide Proceedings No.ANU/Estt.TS/Guest Faculty Remuneration/July 2021 dated 14.08.2021 and vide Proceedings No.ANU/Estt- TS/Guest Faculty Remuneration/August 2021 dated 6.9.2021 for extraneous considerations. It is also stated that the 3rd respondent vide certificate dated 11.8.2021 certifies that the petitioner has been working as a Guest Faculty from

22.02.2014 to till date.

While things stood thus, the 3rd respondent is not allowing the petitioner to do his duties as Guest Faculty, without issuing any proceedings dispensing with his services and the 3rd respondent with an intention to replace the petitioner with another Guest Faculty on temporary basis, for extraneous considerations. Aggrieved by the action of the 3rd respondent in orally not allowing the petitioner to discharge his duties as Guest Faculty and trying to engage another temporary as Guest Faculty, the petitioner has filed the present writ petition.

3. Counter affidavit is filed by the respondents denying all the averments made in the petition and contended that the petitioner was not engaged and hired as a Guest Faculty in the Department of English of the University. Earlier, the University has hired his services as Language Lab Instructor in the Department of English of the University purely on temporary and exigency basis on monthly renewal basis by paying Rs.15,000/- per month. The University has hired him to attend the duties of Language Lab Instructor only on semester wise remuneration for certain period and later on monthly renewal basis basing on the exigency as a stop gap arrangement. Now, the University, after having observed his misconduct, has stopped hiring him. Moreover, it is submitted that the University has hired services of the petitioner purely on temporary basis basing on the exigency without any public recruitment notification, without any formal interview as per the A.P. Universities Act 1991 under section 43 without having Ph.D qualification at the time of entry, and without following rule of reservation, which amounts to backdoor entry, since the University has hired his services purely on temporary basis basing on the exigency on month to month renewal basis. Hence, no legal right is conferred to him to force the University authorities to hire him. The petitio