THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.21943 OF 2025

ORDER:

The present Writ Petition is filed seeking to declare the action of respondent No.2 in issuing the impugned Proceedings in File No.CCE-GDCS-SPL/MZ I-GF/2025 and CCE-GDCS-SPL/MZ II-GF/2025, dated 18.07.2025 and 23.07.2025 respectively, for undertaking fresh recruitment of Guest Faculty by replacing existing temporary employees, as illegal and arbitrary.

2. Heard Sri Surender Rao, learned Senior Counsel appearing for Sri Boddupally Yadaiah, learned counsel for the petitioners, and learned Government Pleader for Services-I appearing for the respondents. Perused the material on record.

3. The brief facts of the case are that the petitioners were appointed as Guest Faculty Lecturers in various Government Degree Colleges after following a due process of regular selection on contract basis. They have worked continuously over the past academic years and have fulfilled all eligibility conditions prescribed for such appointments. Despite discharging their duties effectively and possessing requisite qualifications, including NET/SET/Ph.D., their services have not been extended for the academic year 2025–26. Challenging the impugned proceedings in File No.CCE-GDCS- SPL/MZ I-GF/2025 and CCE-GDCS-SPL/MZ II-GF/2025, dated 18.07.2025 and 23.07.2025 respectively, issued by respondent No.2 for undertaking a fresh selection of Guest Faculty, the petitioners contend that such action results in replacing existing temporary employees with another set of temporary employees, which is impermissible under law. The petitioners rely upon the judgments of the Hon’ble Supreme Court in State of Punjab and Others v. Supreet Rajpal and Another [(2006) 9 SCC 194], Secretary, State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1], and State of Haryana v. Piara Singh [(1992) 4 SCC 118], as well as the decisions of this Court in W.P. No. 17546 of 2019 and W.P. No. 8020 of 2021, wherein it has been consistently held that a temporary or contractual employee cannot be replaced by another temporary employee. Hence, the present Writ Petition.

4. Learned Senior Counsel appearing for the petitioners submits that the respondents have not followed the rules and regulations prescribed under the impugned proceedings during the selection process. It is therefore submitted that appropriate orders be passed in this Writ Petition by directing the respondents to consider the claim of the petitioners strictly in accordance with law.

5. Learned Government Pleader for Services-I submits that the Writ Petition may be disposed of by directing the respondent authorities to follow Conditions 2, 3, and 15 of the impugned proceedings in accordance with law, within a reasonable period.

6. Taking into consideration the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, the petitioners are directed to make a fresh representation to the respondent authorities for their re-engagement as Guest Faculty for the academic year 2025–26, within a period of one (1) week from the date of receipt of a copy of this order. Upon such representation being made, the respondent authorities are directed to consider the same and pass appropriate orders by following Conditions 2, 3, and 15 of the impugned proceedings strictly in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks thereafter.

7. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

____________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 28.07.2025

NOTE:

ISSUE C.C. BY TODAY

(BO – HFM/NIT)