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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ***
W.P.No.21904 of 2017 Between:
Dr.P.Nagaraju, S/o.Pedda Bazaranna, 43 years, Asst.Professor in Management, Rayalaseema University, Kurnool, Kurnool District, Andhra Pradesh ... Petitioner And $ Rayalaseema University, rep.by its Registrar, Kurnool, Kurnool District, State of Andhra Pradesh and two others.
... Respondents Judgment pronounced on : 31.01.2026 SUBMITTED FOR APPROVAL:
HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
1. Whether Reporters of Local newspapers : Yes/No May be allowed to see the judgments?
2. Whether the copies of judgment may be marked : Yes/No to Law Reporters/Journals:
3. Whether the Lordships wish to see the fair copy : Yes/No of the Judgment?
MAHESWARA RAO KUNCHEAM, J *IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM + W.P.No.21904 of 2017 % Dated: 31-01-2026 Between:
Dr.P.Nagaraju, S/o.Pedda Bazaranna, 43 years, Assistant Professor in Management, Rayalaseema University, Kurnool, Kurnool District, Andhra Pradesh ... Petitioner And $ Rayalaseema University, Rep.by its Registrar, Kurnool, Kurnool District, State of Andhra Pradesh and two others ... Respondents ! Counsel for Petitioner : Mr. P.V.Krishnaiah, ^Counsel for Respondents : Ms.N.Vijaya Santhi, Standing Counsel for Rayalaseema University GIST:
>HEAD NOTE:
? Cases referred:
1. (1985) 4 SCC 43
2. (2022) 15 SCC 540
3. (1992) 4 SCC 118
4. 2015 SCC Online P & H 12156
5. 2023 SCC Online Ker 913
6. (2007) 13 SCC 292 7. (2022) 15 SCC 540
8. 2026 INSC 97 MAHESWARA RAO KUNCHEAM, J APHC010365092017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
SATURDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 21904 OF 2017 Between:
1. Dr.P.Nagaraju, S/o Pedda Bazaranna, 43 Years, Asst. Professor in Management Rayalseema University, Kurnool, Kurnool District, Andhra Pradesh ...Petitioner AND
1. Rayalseema University, Rep. by its Registrar, Kurnool Kurnool District, State of Andhra Pradesh, 2. State Council of Higher Education, Represented by its Chairman, Veereshalingam Bhavan, Khairthabad, Hyderabad.
3. State of Andhra Pradesh, Represented by its Principal Secretary, Higher Education Department, Secretariat, Velagapudi, Guntur District.
...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the Circular No. RU/Teaching Estt./Circular/2017, dated 18.05.2017 issued by the 1st Respondent as arbitrary, illegal, malafide, discriminatory and unconstitutional violating Article 14, 16 and 21 of the Constitution of India and set aside the same in so far as the Petitioner are concerned and issue consequential directions restraining the Respondents from replacing the Petitioner by any other contract lecturer in pursuance of the Circular No. RU/Teaching Estt./Circular/2017, dt. 18.05.2017 and issue further directions directing the Respondents to continue the Petitioner as contract lecturer till regularizing their service against regular posts IA NO: 1 OF 2017(WPMP 26960 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to replace the Petitioner by any other contract lecturer in pursuance of the Circular No. RU/Teaching Estt./Circular/2017, dt. 18.05.2017 and continue the Petitioner in service, pending disposal of the writ petition.
IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order in W.P.M.P. No. 26960 of 2017 in W.P.
No. 21904 of 2017 dated 4-07-2017.
Counsel for the Petitioner: P V KRISHNAIAH Counsel for the Respondents: N VIJAYA SANTHI SC FOR RAYALASEEMA UNIVERSITY KURNOOL Counsel for the Respondents: GP FOR HIGHER EDUCATION (AP)
The Court made the following order:
HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.21904 of 2017
ORDER
The writ petition is filed under Article 226 of Constitution of India, seeking the following main prayer:-
“……..declaring the Circular No.RU/ Teaching.Estt./Circular/2017 dated 18.05.2017 issued by the 1stRespondent as arbitrary illegal malafide discriminatory and unconstitutional violating Article 14, 16 and 21 of the Constitution of India and set aside the same in so far as the petitioner is concerned and issue consequential directions restraining the Respondents from replacing the Petitioner by any other contract lecturer in pursuance of the Circular No.RU/Teaching.Estt./ Circular/2017 dt. 18.05.2017 and issue further directions directing the Respondents to continue the Petitioner as contract lecturer till regularizing his service against regular post…….”
2. Heard Sri S.Karunakar, learned counsel representing the learned counsel for the petitioner, Smt. N. Vijaya Santhi learned Standing Counsel for the 1st respondent University and learned Assistant Government Pleader for Higher Education.
Brief case of the petitioner
3. The petitioner was appointed in Sri Krishnadevaraya University on 07.07.2006 as Teaching Assistant in Botany on contract basis by the select committee after going through the interview process, consequent to the notification issued by the concerned authorities calling for appointments of eligible candidates. Thereafter, the petitioner was transferred to SK University, PG Centre, Kurnool on 25.06.2007 and from then onwards, he has continued to work as Assistant Professor on Contract Basis.
4. On an establishment of the 1st respondent Rayalaseema University at Kurnool by the enactment i.e., Act No.29/2008 dated 24.09.2008 by the 3rd respondent Government, the petitioner continued to work as Assistant Professor on contract basis at the 1st respondent Rayalaseema University, Kurnool and completed 11 years of service in the cadre of Assistant Professor.
5. It is the case of the petitioner that even though the petitioner is working in the teaching side for the last 11 years as Assistant Professor without any blemish, the 1strespondent University has not regularized the petitioner’s service and continued to pay the salaries on adhoc basis, which is less than the salaries that are being paid to the regular posts even though the duties discharged by the petitioner are similar to the regular employees.
6. The 1st respondent University being the autonomous increasing posts and subjects day by day, however, denying for payment of minimum time scale to the petitioner on par with regular lecturers, who worked for 10 years on adhoc basis at the 1st respondent University and it is the minimum obligation of the 1st respondent University to treat the equals as equals and regularize the services of the petitioner in view of the decisions rendered by the Hon’ble Supreme Court of India.
7. While so, to the petitioner’s utter disgrace, the 1st respondent University has issued the impugned circular dated 18.05.2017 and chosen to recruit the Assistant Professor/Teaching Assistant on temporary basis and asked the Assistant Professors/Teaching Assistants, who are presently working on contract basis in respective departments, to submit their applications. Hence, having left with no other option, the petitioner filed the present writ petition seeking direction against the action of the respondents from replacing the petitioner by another contract lecturer in pursuance to the impugned circular and also seeking direction against the respondents to continue him as contract lecturer till regularizing his services against the regular post.
Brief case of the respondents
8. Respondent No.1 filed counter affidavit stating that the petitioner was engaged purely on a temporary and contractual basis as a Teaching Assistant/Assistant Professor without undergoing the regular selection process prescribed by UGC regulations. The engagement was for a limited period of approximately 11 months in a year, initially at a consolidated salary of Rs. 15,000/- pe
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