In the absence of specific recruitment rules, the highest executive body of a university is empowered to prescribe feeder cadres through resolutions. General enabling provisions in statutes regarding recruitment do not authorize inter-service transfers that bypass established administrative hierarchy and service structures.

COMMON JUDGMENT:

Since the issues that arise in the above writ appeals are integrally one and the same, the writ appeals are being disposed of by this Common Judgment.

2. These Writ Appeals are directed against the judgment dated 06.03.2024, passed by the learned Single Judge in W.P.No.8455 of 2022.

3. For the sake of convenience and clarity, the parties are referred to as arrayed in the writ petition viz., W.P.No.8455 of 2022.

4. W.A.No.1110 of 2024 is filed by respondent Nos.1 and 2 in the subject writ petition.

5. W.A.No.1186 of 2024 is filed by respondent No.3 in the subject writ petition.

6. The writ petitioner is respondent No.1 in both the appeals.

7. By the impugned order, the learned Single Judge allowed the writ petition filed by the writ petitioner and directed respondent No.1 (Jawaharlal Nehru Technological University (JNTU)) to consider her eligibility for the post of Assistant Registrar; and if the petitioner was found more meritorious and suitable than respondent No.2 in the writ petition, to take necessary action in accordance with law.

8. Heard Sri A.Sudarshan Reddy, learned Advocate General for the State of Telangana on behalf of the appellants-JNTU and its Executive Council (respondents Nos.1 and 2 in the writ petition) in W.A.No.1110 of 2024 and respondent Nos.2 and 3 in W.A.No.1186 of 2024; Sri J.Sudheer, learned counsel for respondent No.1; Sri G.Siva, learned Senior Counsel representing Smt. L.Pranathi Reddy learned counsel for the appellant in W.A.No.1186 of 2024 and respondent No.2 in W.A.No.1110 of 2024 and perused the record.

Factual Matrix (in brief)

9. The factual background, necessary for the adjudication of this appeal, is as follows:

i. The writ petitioner was initially appointed as a Junior Assistant in the Ministerial Service of respondent No.1-University on compassionate grounds in the year 2008.

ii. In the year 2011, pursuant to an internal notification, the writ petitioner was appointed by transfer to the post of Technical Assistant Grade-I, which falls under the Subordinate (Technical) Service.

iii. The writ petitioner passed several departmental tests conducted by the Telangana State Public Service Commission (for short ‘TSPSC’). Believing herself to be eligible, the writ petitioner made a representation dated 09.11.2020 seeking promotion/appointment by transfer to the post of Assistant Registrar, which is classified under the Administrative Service.

iv. The Executive Council of respondent No.1-University, in its 55th meeting held on 18.01.2021, resolved that writ petitioner was not eligible for transfer from Subordinate Service (Technical) to Administrative Service. The same was communicated to the writ petitioner. Subsequently, respondent No.3 was promoted from the post of Superintendent (a post in the Ministerial Service) to the post of Assistant Registrar. The relevant portion of the minutes of the 55th meeting held on 18.01.2021 order is extracted as under:

Resolution:

The Council has examined the item and resolved that Smt.M.Sneha, Technical Assistant Grade-I is not eligible for transfer of service from Subordinate Service (Technical) to Administrative Service.

Further resolved to sanction the EoL for the B. Tech. study perlod as she has completed her B.Tech. In day time.

Also resolved to write a letter to the Government for ratification of the University orders for her appointment by transfer as Technical Assistant Grade - I as suggested by the State L.F. Audit.

10. Being aggrieved by the action of respondent No.1-University in rejecting her application and appointment of res