WP/27168/2006 of LEo Auguisteen S/o M.S. Poomanand, Vs The Government of Andhra Pradesh, repby principal Secretary, on 29 December 2006

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Counsel for the petitioner : Shri S. Bhooma Goud Dated: 29.12.2006

Per G.S.SINGHVI, CJ

In this petition filed in the name of public interest litigation,the petitioner has made the following prayer:

“ Therefore, it is prayed that this Hon’ble Courtmay be pleased to issue a writ, order or directionmore particularly one in the nature of Writ ofMandamus declaring the inaction of the respondentsin not implementing the order dated 09.08.2002passed by Division Bench of this Hon’ble Court inW.P.Nos. 2411 of 2002, 3206, 4860, 4890, 5727,6212, 7567, 8151, 8887, 11171, 11192, 17086 of 2001and 499 of 2002 as illegal, bad and amounts to failureon part of the respondents to discharge theirobligations to implementing the said order andconsequently direct the respondents to implement theorder dated 09.08.2002 passed by Division Bench ofthis Hon’ble Court in W.P.Nos. 2411 of 2002, 3206,4860, 4890, 5727, 6212, 7567, 8151, 8887, 11171,11192, 17086 of 2001 and 499 of 2002.”

We have heard Shri S. Bhooma Goud, learned counsel forthe petitioner and perused the record. In our opinion, the writpetition is liable to be dismissed for more than one reason, whichare enumerated hereunder:

(1) the petitioner has sought a direction which, if granted,would tantamount to stoppage of payment of salary to above 2,000 teachers employed in the services of OsmaniaUniversity and colleges affiliated to it, but as none of themhas been impleaded as a party, we cannot make an orderprejudicially affecting their rights;would tantamount to stoppage of payment of salary to above 2,000 teachers employed in the services of OsmaniaUniversity and colleges affiliated to it, but as none of themhas been impleaded as a party, we cannot make an orderprejudicially affecting their rights;

(2) Osmania University, Hyderabad which is a creature ofstatute has not been impleaded as a party to the writpetition. The Registrar, who has been impleaded asstatute has not been impleaded as a party to the writpetition. The Registrar, who has been impleaded as respondent No.3 is only a functionary of the university andnot a body corporate, which has a juridical existence, interms of Section 3(3) of the Andhra Pradesh UniversitiesAct, 1991.

(3) The petitioner’s prayer for quashing circular dated25.08.2006 has to be treated as premature because it isintended only for informing the eligible persons to submittheir applications for being considered for award ofAssistant Professor (Senior Scale, Selection Grade,Promotion) under the Career Advancement Scheme framedby the University Grants Commission.

For the reasons stated above, the writ petition is dismissed.As a sequel to dismissal of the writ petition,W.P.M.P.No.34911 of 2006 filed by the petitioner for interim reliefis also dismissed.

G.S.SINGHVI, CJ

C.V. NAGARJUNA REDDY, J