Andhra Pradesh High Court

WP/27575/2026 of Dr. Mullala Srinivas Rao, Vs The State of Andhra Pradesh, on 12 October 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 13th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24395/2026 Between: 1. Gunakala Sivaiah, S/O. G. Subramanyam Aged 49 Years, Occ Assistant Professor (On

APHC010446842026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE 13th DAY OF OCTOBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 24395/2026

Between:

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1. Gunakala Sivaiah, S/O. G. Subramanyam Aged 49 Years, Occ Assistant Professor (On Contract) Department Of Economics, Vsu College, Kavali, Vikarama Simhapuri University, Spsr Nellore District 524 201

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District - 522503

3. Vikarama Simhapuri University, Kakuturu Village, Venkatachalam Mandal Nellore, Spsr Nellore District, Andhra Pradesh 524320 Rep.By Its Registrar

4. Abdul Haq Urdu University, Administrative Office, D. No. 5-2, K.C. Building Pandipadu, Kurnool. Andhra Pradesh 518002 Rep.By Its Registrar

5. Rayalaseema University, Administrative Office, B. Tandrapadu, Kurnool. Andhra Pradesh 518007 Rep.By Its Registrar the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible to the post of Associate Professor in Economics that was advertised by the 3rd, 4th, 5th Respondents by way of direct recruitment notification Nos. 4/VSU/Associate Professors/Regular/

dated 15-05-2026, 1/DAHUU/ Professor

Associate Prof./Regular/2026 dated 15-05-2026 and 02/RU/ Regular/T.Estt./Recrut./ Associate Professors Professors/2026 dated 15-05-2026 respectively as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Honble Court in WP No. 22466 of 2011 batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notifications dated 15- 05-2026 issued by the respondents 3 to 5 Universities and pass s

Professor" in "Economics" in 3rd, 4th & 5th Respondent Universities in pursuant to the notification Nos. 4/VSU/Associate Professors/Regular/

dated 15-05-2026, 1/DAHUU/ Professor & Associate Prof./Regular/2026 dated 15-05-2026 and 02/RU/ Regular/T.Estt./Recrut./ Associate Professors & Professors/2026 dated 15-05-2026 respectively without reference to the ineligibility list, pending disposal of the above writ petition, and pass

2. CH.U.M.REDDY,SC For V.SIMHAPURI UNIVERSITY,NLR

Between:

1. K. Krishna Dora Babu, S/O. K. Sudarasana Rao Aged 53 Years, Occ Assistant Professor (On Contract) Department Of Geography, Andhra University Visakhapatnam District, Andhra Pradesh 524320.

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238 2.

2. The Commissioner Of Higher Education, Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District - 522503

3. Andhra University, Visakhapatnam, Visakhapatnam District Andhra Pradesh 524320 Rep.By Its Registrar the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible to the post of Associate Professor in GeograpHY that was advertised by the 3rd Respondent by way of direct recruitment notification No.S.II(1)/6849/1- 790/2026(4) dated 15th May, 2026 as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Honble Court in WP No. 22466 of 2011 batch (2017 SCC OnLine Hyd

665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 15-05-2026 issued by the 3rd Respondent University and pass

Professor" in "Geography" in 3rd Respondent University in pursuant to notification No.5.II(1)/6849/1-790/2026(4) dated 15.05.2026 without reference to the ineligibility list, pending disposal of the above writ petition,

2. GANGA KUMAR CHAKRAVARTULA

WRIT PETITION NO: 24420/2026 Between:

1. Govindu Vasamsetti, S/O. V. Appa Rao Aged 46 Years, Occ Assistant Professor (On Contract) Department Of Political Science Public Administration, Vsu College, Nellore Vikarama Simhapuri University Spsr Nellore District 524 201.

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, 0/O Commissionerate Of Higher Education Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District - 522503

3. Andhra University, Visakhapatnam, Visakhapatnam District, Andhra Pradesh 524320 Rep.By Its Registrar

Court may be pleased toIssue a writ or order or direction preferably a Writ of Mandamus declaring the action of Respondents in not reckoning the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible for the post of Associate Professor in Political Science Public Administration that was advertised by the 3rd Respondent by way of a direct recruitment notification No.S.II(1)/6849/1-790/2026(4) dated 15.05.2026 as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Honble Court in WP No. 22466 of 2011 batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 15-05-2026 issued by the 3rd respondent University and pass

Professor" in "Political Science & Public Administration" in 3rd Respondent University in pursuant to the notification No.S.II(1)/6849/1- 790/2026(4) dated 15.05.2026 without reference to the ineligibility list, pending disposal of the above writ petition

2. GANGA KUMAR CHAKRAVARTULA

Between:

1. Kokkanti Maneiah, S/O. K. Venkateswarlu Aged 51 Years, Occ Assistant Professor (On Contract) - Cum Academic Consultant Department Of Commerce, Svu Cm And Cs Sri Venkateswara University Tirupati District 517 502

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, O/O Commissionerate Of Higher Education Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District - 522503

3. Sri Venkateswara University, Administrative Office Tirupati, Tirupati District Andhra Pradesh 517502 Rep.By Its Registrar

4. Abdul Haq Urdu University, Administrative Office, D. No. 5-2, K.C. Building Pandipadu, Kurnool. Andhra Pradesh 518002 Rep.By Its Registrar

5. Dravidian University, Srinivasa Vanam, Kuppam, Chittoor Dist. Andhra Pradesh 517426. Rep.By Its Registrar

6. Yogi Vemana University, Vemanapuram, Kadapa Kadapa Dist. Andhra Pradesh 516 005. Rep.By Its Registrar

7. Vikarama Simhapuri University, Kakuturu Village, Venkatachalam Mandal Nellore, Nellore Dist. Andhra Pradesh 524 320 Rep.By Its Registrar the teaching experience gained by the petitioner while working against

the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible for the post of Associate Professor in Commerce and/or Management that was advertised by the 3 to 7 Respondent Universities by way of a direct recruitment notification Nos. 4/SVU/E.I1(2)/Assoc. Prof. and Prof./Regular/2026 dated 15.05.2026, 1/DAHUU/Professor and Associate Prof./Regular/2026 dated 15.05.2026, 3/DU/Regular/Associate Professors and Professors/2026 dated 15.05.2026, 3NVU/Assoc. Prof./Regular/2026 dated 15.05.2026 and 4/VSU/Associate Professors/Regular/2026 dated 15.05.2026 respectively as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GO Ms No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Hon'ble Court in WP No. 22466 of 2011 and batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and consequently set aside the same with a consequential direction to the Respondents to reckon the experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notifications dated 15-05- 2026 issued by the 3rd to 7th respondent Universities in the subsequent selection process for the post of Associate Professor" in 3rd to 7th Respondent Universities in pursuant to the notification Nos. 4/SVU/E.I1(2)/Assoc. Prof. & Prof./Regular/2026 dated 15.05.2026, 1/DAHUU/Professor & Associate Prof./Regular/2026 dated 15.05.2026, 3/DU/Regular/Associate Professors and Professors/2026 dated 15.05.2026, 3/YVU/Assoc. Prof./Regular/2026 dated 15.05.2026 and 4NSU/Associate Professors/Regular/2026 dated 15.05.2026 without reference to the ineligibility list, pending disposal of the above writ petition

2. KOTESWARA RAO MUTHINENI (STANDING COUNSEL FOR DRAVIDIAN UNIVERSITY)

3. RAMESH BABU TALLURI SC For S.V.UNIVERSITY,TIRUPATI

4. CH.U.M.REDDY,SC For V.SIMHAPURI UNIVERSITY,NLR WRIT PETITION NO: 24423/2026 Between:

1. Chandra Mouli Darapaneni, S/O. D. Kesava Rao Aged 40 Years, Occ Assistant Professor (On Contract) Department Of Civil Engineering University College Of Engineering And Technology Acharya Nagarjuna University, Nagarjuna Nagar Guntur District, Andhra Pradesh 522510.

AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District – 522503

3. Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District, Andhra Pradesh 522510 Rep.By Its Registrar

4. Rayalaseema University, Kurnool, Kurnool District Andhra Pradesh 518007 Rep.By Its Registrar

5. Jawaharlal Nehru Technological University, Gurajada, Vizianagaram District Andhra Pradesh 535003 Rep.By Its Registrar

6. Dr Ysr Architecture And Fine Arts University, Kadapa, Ysr Kadapa Dist. Andhra Pradesh 516005 Rep.By Its Registrar the contractual teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor in the 3rd Respondent University for the purpose of treating him eligible to the post of Associate Professor in Civil Engineering that was advertised by the 3rd, 4th and 51h Respondents by way of direct recruitment notifications No.3/ANU/Associate Professor/Professor/Regular/2026, No.3/RU/Associate Professor AND Professor /2026 dated and No.4/JNTU-GV/Assoc. Prof. AND Professor/Regular/2026 dated 15.05.2026 respectively and to the post of Associate Professor in Building Technology in the 6 th Respondent University issued vide No.2/Dr.YSRAFU/ Associate Professor AND Professor/Regular/2026 dated 15.05.2026 as arbitrary, illegal, unconstitutional and violative of Clause 5.2.c.i and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Hon'ble Court in WP No. 22466 of 2011 AND batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notifications dated 15-05-2026 issued by the Respondent Universities

Professor" in 3rd, 4th 5th and 6th Respondent Universities in pursuant to notification Nos. 3/ANU/Associate Professors/Professors/Regular/2026 dated 15.05.2026, 02/RU/Regular/ T.Estt./Recruit./Associate Professors & Professors/2026 dated 15.05.2026, 4/JNTU-GV/Assoc. Prof. & Professor/Regular/2026 dated 15.05.2026 and

2/Dr. YSRAFU/Associate Professor & Professor/Regular/2026 dated 15.05.2026 respectively without reference to the ineligibility list, pending disposal of the above writ petition,

2. B RAMA SANKARA RAO SC FOR JNTU GURAJADA VIZIANAGARAM

3. M.CHALAPATHI SC For Nagarjuna University WRIT PETITION NO: 24425/2026 Between:

1. Dr. L. Maheswara Reddy, S/O. L. Machi Reddy Aged 46 Years, Occ. Academic Consultant (Assistant Professor - On Contract) Department Of Chemistry, Ysr Engineering College, Yogi Vemana University Korrapadu Road, Proddatur Town Ysr Kadapa District - 516360.

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District – 522503

3. Dravidian University, Srinivasa Vanam, Kuppam Chittoor Dist. Andhra Pradesh -517426 Rep.By Its Registrar the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible to the post of Associate Professor in Chemistry that was advertised by the 3rd Respondent by way of direct recruitment notification No. 3/DU/Regular/Associate

Professors and Professors/2026 dated 15-05-2026 as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Honble Court in WP

No. 22466 of 2011 and batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 15-05-2026 issued by the 3rd respondent University

Professor" in "Chemistry" in 3rd Respondent University in pursuant to notification No. 3/DU/Regular/Associate Professors & Professors/2026 dated 15.05.2026 without reference to the ineligibility list, pending disposal of the above writ petition

2. KOTESWARA RAO MUTHINENI (STANDING COUNSEL FOR DRAVIDIAN UNIVERSITY) WRIT PETITION NO: 24426/2026 Between:

1. Kamma Venkata Naga Durga Vara Prasad, S/O. K.Narsimha Swamy, Aged 46 Years, Occ Assistant Professor (Ad-Hoc) Department Of Telugu,

Adikavi Nannaya University, Rajamahendravaram Rajamahendravaram, E.G. Dist. 533 296.

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District –

522503

3. Andhra University, Visakhapatnam, Visakhapatnam District Andhra Pradesh 524320 Rep.By Its Registrar

4. Sri Krishna Devaraya University, Anantapuramu Anantapuramu District Andhra Pradesh 515003 Rep.By Its Registrar

5. Acharya Nagarjuna University, Nh 16, Acharya Nagarjuna Nagar Namburu, Guntur District Andhra Pradesh 522510 Rep.By Its Registrar the teaching experience gained by the petitioner while working as Assistant Professor (Ad hoc) in the University for the purpose of treating him eligible for the post of Associate Professor in Telugu that was advertised by the 3rd, 4th, 5th Respondents by way of a direct recruitment notification Nos. S.I1(1)/6849/1- 790/2026(4) dated 15.05.2026, 4/SKU/Prof. Asso. Prof. Regular/2026 dated 14-05-2026 and 3/ANU/Associate Professors/ Professors/Regular/2026 dated 15- 05-2026 respectively as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Honble Court in WP No. 22466 of 2011 batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and consequently set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working Assistant Professor (Ad hoc) as qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 15-05-2026, 14- 05-2026 and 15-05-2026 issued by the 3rd, 4 th and 5th respondent Universities and pass

Professor" in "Telugu" in 3rd, 4th, 5th Respondent Universities in pursuant to notification Nos. S.II(1)/6849/1- 790/2026(4) dated 15.05.2026, 4/SKU/Prof. & Asso. Prof. Regular/2026 dated 14-05-2026 and 3/ANU/Associate Professors/ Professors/Regular/2026 dated 15- 05-2026 respectively without reference to the ineligibility list, pending disposal of the above writ petition

1. O UDAYA KUMAR SC For S K UNIVERSITY

2. GP FOR SERVICES III

3. M.CHALAPATHI SC For Nagarjuna University WRIT PETITION NO: 24430/2026 Between:

1. Dr. Seelam Rajyalakshmi,, D/O. Seelam Sreeramulu Aged 46 Years, Occ. Assistant Professor (Ad Hoc) Department Of Physics

- Ucst Adi Kavi Nannaya University Rajamahendravaram, E.G. Dist. - 533 296.

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District – 522503

3. Jawahar Lal Nehru Technological University, Ramanayyapeta, Kakinada Kakinada District Andhra Pradesh - 533003 Rep.By Its Registrar

4. Andhra University, Visakhapatnam Visakhapatnam District Andhra Pradesh - 524320 Rep.By Its Registrar the teaching experience gained by the petitioner while working as Assistant Professor (Ad hoc) in the University for the purpose of treating her eligible for the post of Associate Professor in Physics - Humanities and Basic Sciences that was advertised by the 3rd and 4th Respondents by way of a direct recruitment notification Nos. 4/JNTUK/Assoc. Prof. and Professor/Regular/2026 dated 15.05.2026 and S.II(1)/6849/1-79012026(4) dated 15.05.2026 as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Honble Court in WP No. 22466 of 2011 and batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and consequently set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working as Assistant Professor (Ad hoc) in a University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notifications dated 15-05-2026 issued by the 3rd and 4th respondent Universities

Professor" in "Physics — Humanities & Basic Sciences" in 3rd & 4th Respondent Universities in pursuant to notification Nos. 4/JNTUK/Assoc. Prof. & Professor/Regular/2026 dated 15.05.2026 and S.11(1)/6849/1-790/2026(4) dated 15.05.2026 without reference to the ineligibility list, pending disposal of the above writ petition

2. CH.S.V.SURAJ SC For JNTU KAKINADA

3. GANGA KUMAR CHAKRAVARTULA

Between:

1. Kunkulagunta Varun Teja, S/O. K Sambasiva Rao Aged 34 Years, Occ Assistant Professor (On Contract) Department Of Civil Engineering, Rajiv Gandhi University Of Knowledge Technologies Ongole Campus, Prakasam District. Andhra Pradesh 523 225.

...PETITIONER AND

1. The State Of Andhra Pradesh, Rep.By Its Principal Secretary Department Of Higher Education A.P. Secretariat, Velagapudi, Amaravati, Guntur District -522238

2. The Commissioner Of Higher Education, O/O Commissionerate Of Higher Education Garudadri Kk Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District – 522503

3. Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District Andhra Pradesh 522 510 Rep.By Its Registrar

4. Rajiv Gandhi University Of Knowledge Technologies, Nuzvid, Eluru District Andhra Pradesh 521 201 Rep.By Its Registrar

5. Jawaharlal Nehru Technological University, Anantapuramu, Anantapuramu District Andhra Pradesh 515 002 Rep.By Its Registrar the contractual teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor in the 3rd Respondent University for the purpose of treating him eligible to the post of 'Associate Professor' in 'Civil Engineering' that was advertised by the 3rd, 4th and 5th Respondents by way of direct recruitment notifications vide No.3/ANU/

Associate Professor/Professor/Regular/2026 dated 15.05.2026, 2/RGUKT/ backlog SC, ST and BC/Associate Professor/2026 dated 15.05.2026 and 3/JNTUA/Associate Professor Positions/SC/ST/BC Backlog Vacancies/ 2026 dated 15.05.2026 as arbitrary, illegal, unconstitutional and violative of Clause 5.2.c.i and 10(f) of AICTE Regulations, 2019 apart from being violative of law enunciated by this Hon'ble Court in WP No. 22466 of 2011 and batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notifications dated 15-05-2026 issued by the 3rd, 4th and 5th Respondent Universities

Professor" in "Civil Engineering" in 3rd, 4th, 5th Respondent Universities in pursuant to Notification Nos. No.3/ANU/Associate Professor/Professor/Regular/2026 dated 15.05.2026, 2/RGUKT/backlog SC, ST & BC/Associate Professor/2026 dated 15.05.2026 and 3/JNTUA/Associate Professor Positions/SC/ST/BC Backlog Vacancies/2026 dated 15.05.2026 respectively without reference to the ineligibility list, pending disposal of the above writ petition

2. D KRISHNA SC FOR JNTU ANANTHAPURAMU

3. M.CHALAPATHI SC For Nagarjuna University

4. ADDL ADVOCATE GENERAL WRIT PETITION NO: 24489/2026 Between:

1. BONDU PRABHAKARA RAO, S/O. B. PITCHAIAH AGED 50 YEARS, OCC ASSISTANT PROFESSOR (ON CONTRACT) DEPARTMENT OF POLITICAL SCIENCE AND PUBLIC ADMINISTRATION, VSU COLLEGE, NELLORE, VIKARAMA SIMHAPURI UNIVERSITY SPSR NELLORE DISTRICT 524 201.

AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT -522238

2. THE COMMISSIONER OF HIGHER EDUCATION, 0/O COMMISSIONERATE OF HIGHER EDUCATION GARUDADRI KK TOWERS,

SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT – 522503

3. THE SRI KRISHNA DEVARAYA UNIVERSITY, ANANTAPURAMU, ANANTAPURAMU DISTRICT ANDHRA PRADESH-515003 REP.BY ITS REGISTRAR

Writ of Mandamus declaring the action of the Respondents in not reckoning the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible for the post of 'Associate Professor' in 'Political Science and Public Administration' that was advertised by the 3rd Respondent University by way of a direct recruitment Notification No.4/SKU/ Prof. and Assoc. Prof. Regular/2026, dated 14.05.2026 as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Hon 'ble Court in WP No. 22466 of 2011 and batch (2017 SCC OnLine Hyd 665) that was subsequently affirmed in WA No. 191/2019, and consequently set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 14-05-2026 issued by the 3rd respondent University

Professor" in "Political Science & Public Administration" in 3rd Respondent University in pursuant to the Notification No. 4/SKU/ Prof. & Assoc. Prof. Regular/2026, dated 14.05.2026 without reference to the ineligible list, pending disposal of the above writ petition

Between:

1. DR. POLA SUDHAKARA RAO, S/O. P. RAMA RAO AGED ABOUT YEARS, OCC. ASSISTANT PROFESSOR (ON CONTRACT)

DEPARTMENT OF BIOTECHNOLOGY, COLLEGE OF SCIENCE AND TECHNOLOGY, ANDHRA UNIVERSITY, VISAKHAPATNAM VISAKHAPATNAM DISTRICT- 530003

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT -522238

2. THE COMMISSIONER OF HIGHER EDUCATION, GARUDADRI K.K. TOWERS, SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT – 522503

3. ANDHRA UNIVERSITY, REP.BY ITS REGISTRAR VISAKHAPATNAM

VISAKHAPATNAM DIST.

ANDHRA PRADESH – 530003

4. THE VICECHANCELLOR, ANDHRA UNIVERSITY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH – 530003

Writ of Mandamus declaring the action of Respondents in not reckoning the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating him eligible to the post of Associate Professor in Biotechnology that was advertised by the 3rd Respondent by way of direct recruitment notification Nos. No. S.II(1)/6849/1-790/2026(4)dated 15-05-2026 as arbitrary, illegal, un- constitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 that was adopted by the 1st Respondent State vide GOMs No. 14 (HE) dated 13.02.2019, apart from being violative of law enunciated by this Hon'ble Court in WP No. 22466 of 2011 and batch (2017 SCC OnLineHyd 665) that was subsequently affirmed in WA No. 191/2019, and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 15-05- 2026 issued by the 3rd Respondent University

Professor" in 3 rd Respondent University without reference to the ineligibility list dated 19.08.2026, pending disposal of the above writ petition

2. GANGA KUMAR CHAKRAVARTULA WRIT PETITION NO: 26458/2026 Between:

1. DR. VENKATA SATYA DURGA MANOHAR SAHU, S/O. MADAN MOHAN SAHU AGED 36 YEARS, OCC. ASSISTANT PROFESSOR (ON CONTRACT)

DEPARTMENT OF ELECTRICAL AND ELECTRONICS ENGINEERING JNTU-GV COLLEGE OF ENGINEERING VIZIANAGARAM (A) DWARAPUDI POST, VIZIANAGARAM, ANDHRA PRADESH - 535 003

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT -522238

2. THE COMMISSIONER OF HIGHER EDUCATION, GARUDADRI KK TOWERS,

SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT – 522503

3. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, KAKINADA REP.BY ITS REGISTRAR KAKINADA, KAKINADA DISTRICT ANDHRA PRADESH - 533 003

the contractual teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor in the 3rd Respondent University for the purpose of treating him eligible to the post of Associate Professor in Electrical and Electronics Engineering that was advertised by the 3rd Respondent by way of direct recruitment notification vide Notification No.4/JNTUK/Assoc. Prof. and Professor/Regular/2026 dated 15th May, 2026 as arbitrary, illegal, unconstitutional and violative of Clause 5.2.c.i and 10(f) of AICTE Regulations, 2019 and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notification dated 15- 05-2026 issued by the Respondent Universities be pleased to direct the Respondents to allow the petitioner to participate in the subsequent selection process for the post of "Associate Professor" in "Electrical & Electronics Engineering" in 3rd Respondent University that was advertised by way of direct recruitment notification vide Notification No.4/JNTUK/Assoc. Prof. & Professor/Regular/2026 Dt.15.05.2026 without reference to the ineligibility list dated 19.08.2026, pending disposal of the above writ petition

2. CH.S.V.SURAJ SC For JNTU KAKINADA WRIT PETITION NO: 26461/2026 Between:

1. KOTA PALLAVI, D/O. KOTA DEVADAS AGED 48 YEARS, OCC ASSISTANT PROFESSOR (ON CONTRACT) DEPARTMENT OF LAW, DR. B R AMBEDKAR COLLEGE OF LAW, ANDHRA UNIVERSITY, VISAKHAPATNAM VISAKHAPATNAM DISTRICT 524320

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT, VELAGAPUDI – 522238

2. THE COMMISSIONER OF HIGHER EDUCATION, GARUDADRI KK TOWERS,

SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT – 522503

3. ANDHRA UNIVERSITY, REP.BY ITS REGISTRAR ADMINISTRATIVE OFFICE

VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ANDHRA PRADESH 530001

4. SRI VENKATESWARA UNIVERSITY, REP.BY ITS REGISTRAR ADMINISTRATIVE OFFICE TIRUPATI, TIRUPATI DISTRICT ANDHRA PRADESH 517502

5. ACHARYA NAGARJUNA UNIVERSITY, REP.BY ITS REGISTRAR NAGARJUNA NAGAR, GUNTUR DISTRICT ANDHRA PRADESH 522510

6. SRI PADMAVATI MAHILA VISVAVIDYALAYAM, REP.BY ITS REGISTRAR

ADMINISTRATIVE OFFICE, PADMAVATHI NAGAR TIRUPATI, TIRUPATI DISTRICT ANDHRA PRADESH 517502

7. SRI KRISHNA DEVARAYA UNIVERSITY, REP.BY ITS REGISTRAR

ADMINISTRATIVE OFFICE, ITIKALAPALLI ANANTHAPURAMU, ANANTHAPURAMU DISTRICT ANDHRA PRADESH 515003

the teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor/Equivalent academic position in the University for the purpose of treating her eligible to the post of Associate Professor in Law that was advertised by the 3rd, 4th, 5th, 6th, 7th Respondents vide Notification No. S.II(1)/6849/1-790/2026(4) Advt. No. 4/SVU/E.I1(2)/Assoc. Prof. and Prof./Regular/2026 Notification No.3/ANU/

Associate Professor/Professors/Regular/2026 Notification No.4 /SPMVV/ T.Estt./Associate Professor and Professor (Regular)/2026 all dated 15.05.2026 and Notification No.4/SKU/ Prof. and Asso. Prof. Regular/2026 dated 14.05.2026 as arbitrary, illegal, unconstitutional and violative of Clause 4.1.11 and 10(f) of UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 and set aside the same with a consequential direction to the Respondents to reckon the past teaching experience gained by the petitioner while working as Assistant Professor (On Contract)

be pleased Direct the Respondents to allow the petitioner to participate in the subsequent selection process for the post of "Associate Professor" in "Law" that was advertised by the 3rd, 4th, 5th, 6th, 7th Respondents vide Notification No. S.II(1)/6849/1- 790/2026 (4); Advt. No. 4/SVU/E.I1(2)/Assoc. Prof. & Prof./Regular/2026; Notification Notification No.3/ANU/Associate Professor/Professors/Regular/2026; No.4 /SPMVV/ T.Estt./Associate Professor & Professor (Regular)/2026 all dated 15.05.2026; and Notification No.4/SKU/ Prof. & Asso. Prof. Regular/2026 dated 14.05.2026 without reference to the ineligibility list dated 19.08.2026, pending disposal of the above writ petition

1. SANTHI SREE VALLABHANENI SC For Sri Padmavathi mahila

University,Tirupati.

2. O UDAYA KUMAR SC For S K UNIVERSITY

3. GP FOR SERVICES III

4. M.CHALAPATHI SC For Nagarjuna University

5. GANGA KUMAR CHAKRAVARTULA WRIT PETITION NO: 26462/2026 Between:

1. JYOTHILAL NAYAK BHAROTHU, S/O. PEEKLA NAYAK AGED 43 YEARS, OCC ASSISTANT PROFESSOR (ON CONTRACT) DEPARTMENT OF ELECTRICAL

ELECTRONICS ENGINEERING RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES NUZVID CAMPUS, ELURU DISTRICT, A.P. 521 202.

AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT VELAGAPUDI

AMARAVATI GUNTUR DISTRICT 522238 2.

2. THE COMMISSIONER OF HIGHER EDUCATION, GARUDADRI KK TOWERS

SRI LAKSHMI NARASIMHA COLONY MANGALAGIRI GUNTUR DISTRICT 522503

3. JAWAHAR LAL NEHRU TECHNOLOGICAL UNIVERSITY, REP.BY ITS REGISTRAR RAMANAYYAPETA KAKINADA KAKINADA DISTRICT ANDHRA PRADESH 533 003

4. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, REP.BY ITS REGISTRAR ANANTHAPURAMU ANANTAPUR DISTRICT ANDHRA PRADESH 515 002

5. SRI VENKATESWARA UNIVERSITY, REP.BY ITS REGISTRAR ADMINISTRATIVE OFFICE TIRUPATI TIRUPATI DISTRICT ANDHRA PRADESH 517 502

Court may be pleased topleased to issue a writ or order or direction preferably a Writ of Mandamus declaring the action of Respondents in not reckoning the contractual teaching experience gained by the petitioner while working against the substantive sanctioned post of an Assistant Professor in RGUKT University for the purpose of treating him eligible to the post of Associate Professor in Electrical and Electronics Engineering that was advertised by 3rd 4th and 5th Respondent Universities by way of direct recruitment notifications issued vide Notification No. 3/ JNTUA/Associate

Professor Positions/SC/ST/ BC Backlog Vacancies/2026 Notification No.4/ JNTUIQ Asoc.Prof. and Professor/Regular/2026 and Advt. No. 4/SVU/E.I1 2/ Assoc.Prof. and Prof./Regular/2026 all dated 15.05.2026 as arbitrary illegal unconstitutional and violative of Clause 5.2.c.i and 2.25 of AICTE Regulations 2019 and set aside the same with a consequential direction to the Respondents to reckon the teaching experience gained by the petitioner while working in the substantive sanctioned post of an Assistant Professor/equivalent academic teaching position in University as a qualifying experience for the post of Associate Professor in pursuant to recruitment Notifications dated 15- 05-2026 issued by the Respondent Universities and pass such other order or orders may deem fit and proper in the circumstances of the case.

be pleased pleased to direct the Respondents to allow the petitioner to participate in the subsequent selection process for the post of "Associate Professor" in "Electrical & Electronics Engineering" that was advertised by 3rd, 4th and 5th 0 Respondent Universities by way of direct recruitment notifications issued vide Notification No. 3/ JNTUA/Associate Professor Positions/SC/ST/BC Backlog Vacancies/ 2026; Notification No.4/ JNTUK/Asoc.Prof. & Professor/ Regular/2026 and Advt.No. 4/SVU/E.I1(2)/Assoc.Prof.& Prof./Regular/2026 all dated 15.05.2026 without reference to the ineligibility list dated 19.08.2026, pending disposal of writ petition and pass

2. CH.S.V.SURAJ SC For JNTU KAKINADA WRIT PETITION NO: 26495/2026 Between:

1. BANDARU SAINATH, S/O. B. PEDDA NAGAMUNI (LATE) AGED ABOUT 39 YEARS, OCC. ASSISTANT PROFESSOR. DEPT. OF STATISTICS (OR AND SQC), RAYALSEEMA UNIVERSITY, KURNOOL, A.P. - 518007. RIO. H.NO. 50249, VENKATAPURAM (V) AND (PO.), BUKKARAYASAMUDRAM (M), ANANTAPUR - 515701.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,

HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238.

2. ACHARYA NAGARJUNA UNIVERSITY, REP. BY ITS REGISTRAR, NH-16,

NAGARJUNA NAGAR, GUNTUR DISTRICT ANDHRA PRADESH - 522 510

Court may be pleased toissue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the rejection remarks and final remarks issued by the Respondents while rejecting my application dated. 02.06.2026 submitted for the post of Associate Professor - Statistics as illegal, arbitrary, irrational, violative of principles of natural justice and Articles 14, 16 and 21 of the Constitution of India. Consequently, this Hon'ble Court may be pleased to direct the Respondents to consider my application, include my candidature in the eligible list and permit me to participate in the selection process pursuant to Notification No.3/ANLEAssociate Professors/Professors/

Regular/

dated 15.05.2026 and Corrigendum 2 dated 19.05.2026

be pleased direct the respondents forthwith to subject me to the selection process basing on my application dated 02.06.2026 without reference to the remarks issued/indicated in July, 2026, final remarks issued/indicated in August, 2026 Counsel for the Petitioner:

1. J UGRANARASIMHA

2. M.CHALAPATHI SC For Nagarjuna University WRIT PETITION NO: 27201/2026 Between:

1. B. VENKAIAHPPALA SWAMY, S/O LATE BURLE APPALANAIDU, AGE 40 YEARS, OCC ASSOCIATE PROFESSOR, DEPARTMENT OF COMPUTER SCIENCE AND ENGINEERING, AVANTHI INSTITUTE OF ENGINEERING AND TECHNOLOGY

( AUTONOMOUS), TAGARAPUVALASA,AFFILIATED TO JNTU-GV, VIZIANAGARAM DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT -522238

2. THE COMMISSIONER OF HIGHER EDUCATION, GARUDADRI KK TOWERS,

SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT 522503

3. THE RAYALASEEMA UNIVERSITY, REP. BY ITS REGISTRAR, KURNOOL DISTRICT ,PIN- 518007

4. THE KRISHNA UNIVERSITY, REP. BY ITS REGISTRAR, MACHILIPATNAM, KRISHNA DISTRICT,PIN-521004

5. ACHARYA NAGARJUNA UNIVERSITY, REP.BY ITS REGISTRAR, NAGARJUNA NAGAR, GUNTUR DISTRICT ,PIN- 522510

Writ of Mandamus declaring the action of respondents herein more particularly the respondent universities No. 3 to 5 in including the petitioner's name in the impugned in-eligibility list dated 19-8-2026 as highly illegal, arbitrary and also contrary to the eligibility conditions of the notification dated 15-5-2026 and consequentially the Hon'ble Court may pleased to declare that the petitioner herein eligible for the posts of Associate Professor in Computer Science and Engineering by set asiding the impugned ineligibility list dated 19-08-2026 in so far as the petitioner is concerned be pleased direct all the respondents herein to allow the petitioner to participate in the subsequent selection process for the post of Associate Professor in Computer Science and Engineering without reference to the impugned ineligibility list dated 19.08.2026, pending disposal of the above writ petition, Counsel for the Petitioner:

1. M R TAGORE

2. B SUDHAKAR KUMAR SC For KRISHNA UNIVERSITY,MTM

3. M.CHALAPATHI SC For Nagarjuna University WRIT PETITION NO: 27575/2026 Between:

1. DR. MULLALA SRINIVAS RAO,, S/O. MULLALA SIMHACHALAM, AGED 53 YEARS, OCC ASSISTANT PROFESSOR, ANDHRA UNIVERSITY, R/O. D.NO. 8-1-68, A.U. STAFF QUARTERS,

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH- 522238.

2. THE COMMISSIONERATE OF HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH, REP. BY COMMISSIONER, GARUDADRI KK TOWERS SRILAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH- 522503.

3. THE ANDHRA UNIVERSITY, VISAKHAPATNAM REP. BY ITS REGISTRAR- 530003.

Court may be pleased topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent No.3 University declaring the Petitioner as ineligible for being considered for selection to the post of Associate Professor in the Department of Geology, Andhra University, Visakhapatnam, as recorded in the final list of ineligible candidates issued pursuant to its Notification No. S.II(1)/6849/1 790/2026(4) dated 15.05.2026, as being illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, and Consequently direct the Respondent No.3 to consider the application of the Petitioner for recruitment to the post of Associate Professor in the Department of Geology, Andhra University, Visakhapatnam under Notification No. S.II(1)/6849/1 790/2026(4) dated 15.05.2026, and pass be pleased please to direct the Respondent No.3 University to permit the Petitioner to participate in interview process to the post of Associate Professor in the Department of Geology, Andhra University, Visakhapatnam to be conducted pursuant to the Notification No. S.II(1)/6849/1-790/2026(4) dated 15.05.2026 and pass Counsel for the Petitioner:

1. N ASHWANI KUMAR

Between:

1. DR. GARA RAJA RAO,, S/O. GARA POTTEDU, AGED 53 YEARS, OCC ASSISTANT PROFESSOR, R/O. P6, A.U. STAFF QUARTERS, D.NO. 8-1-68 SIVAJIPALEM, VISAKHAPATNAM- 530017

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238.

2. THE COMMISSIONERATE OF HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH, REP. BY COMMISSIONER, GARUDADRI KK TOWERS SRILAKSHMI

NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH- 522503.

3. THE ANDHRA UNIVERSITY, VISAKHAPATNAM, REP. BY ITS REGISTRAR.- 530003

4. THE VICECHANCELLOR, ANDHRA UNIVERSITY. VISAKHAPATNAM, 530003

5. THE EXECUTIVE COUNCIL, ANDHRA UNIVERSITY, REP. BY ITS CHAIRMAN. VISAKHAPATNAM,- 530003

Court may be pleased toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents more particularly the Respondent No.3 University declaring the Petitioner as ineligible for being considered for selection to the post of Associate Professorin the Department of Geography, Andhra University, Visakhapatnam, as recorded in the final list of ineligible candidates issued pursuant to its Notification No. S.II(1)/6849/1-790/2026(4) dated 15.05.2026, as being illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of lndia,'and Consequently direct the Respondent No.3 University to consider the application of the Petitioner for recruitment tothe post of Associate Professorin the Department of Geography, Andhra University, Visakhapatnam under Notification No. S.II(1)/6849/1-790/2026(4) dated 15.05.2026, be pleased direct the Respondent No.3 University to permit the Petitioner to participate in interview process tothe post of Associate Professorin the Department of Geography, Andhra University, Visakhapatnam to be conducted pursuant to the Notification No. S.II(1)/6849/1-790/2026(4) dated 15.05.2026

1. N ASHWANI KUMAR

2. GANGA KUMAR CHAKRAVARTULA WRIT PETITION NO: 28651/2026 Between:

1. IMMADISETTY DEVI VARA PRASAD, S/O. IMMADISETTY PEDDABBAI, AGED ABOUT 50 YEARS, OCC ASSISTANT PROFESSOR (CB), COORDINATOR, DEPARTMENT OF PHYSICAL EDUCATION AND SPORTS SCIENCES, ANDHRA KESARI UNIVERSITY, ONGOLE, (FORMERLY ACHARYA NAGARJUNA UNIVERSITY PG CAMPUS), PRESENTLY RESIDING AT D. NO.8/165-4/2, SRI SAI NILAYAM, RAJEEV NAGAR, LAKE VIEW ROAD, LAWYER PET POST, ONGOLE - 523002, PRAKASAM DISTRICT, ANDHRA PRADESH.

AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,

HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. - 522237

2. ACHARYA NAGARJUNA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, NH16, NAGARJUNA NAGAR, GUNTUR, ANDHRA PRADESH 522510

3. ANDHRA KESARI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PELLURU COLONY, PRAKASAM DISTRICT, ONGOLE - 523001.

4. THE VICECHANCELLOR, ANDHRA KESARI UNIVERSITY, PELLURU COLONY, ONGOLE - 523001.

5. THE REGISTRAR, ANDHRA KESARI UNIVERSITY, PELLURU COLONY, ONGOLE - 523001.

Court may be pleased toissue appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus i. To declare the action of Respondents in continuing to treat the Petitioner as Assistant Professor on contract basis notwithstanding the fact that the Petitioner was recruited following a process of selection in terms of the Rules, Regulation and the First Statutes of the 2nd Respondent University as being illegal, arbitrary and violation of Articles, 14, 16 and 21 of the Constitution of India and issue Consequential direction to regularise the services of the Petitioner in the category of Assistant Professor / Coordinator with effect from the date of first appointment 17.10.2006 with all consequential benefits such as pay. increment etc and ii. Further, Declare the action of the 3rd Respondent University in declaring the Petitioner as ineligible for being considered for selection to the post of Professor, as recorded in the final list of ineligible candidates dated 19.08.2026 issued pursuant to its Notification No. 2/AKU/Regular/2026 dated 15.05.2026, as being illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, and Consequently set aside the said finding of ineligibility and 5 issue consequential direction declaring the Petitioner eligible to apply for and be considered for the post of Professor, having regard to the fact that contract Assistant Professors are entitled to be placed in the basic of the UGC Pay Scale Norm of Associate Professor Scale be pleased direct to the 3rd Respondent University to permit the Petitioner to participate in the selection, scrutiny, screening and interview to the post of Professor for Physical Education as advertised in Notification No. 2/AKU/Regular/2026 dated 15.05.2026 by treating his application as eligible having regard to his entitlement to the to be placed in the basic of the UGC Pay Scale Norm of Associate Professor Scale in terms of the Governmental Order’s

1. AJAY KUMAR KANAPARTHI

2. M.CHALAPATHI SC For Nagarjuna University WRIT PETITION NO: 28683/2026 Between:

1. DR B VENKAIAHPPALA SWAMY, S/O LATE BURLE APPALANAIDU, AGE 40 YEARS, OCC ASSOCIATE PROFESSOR, DEPARTMENT OF COMPUTER SCIENCE AND ENGINEERING, AVANTHI INSTITUTE OF ENGINEERING AND TECHNOLOGY

( AUTONOMOUS), TAGARAPUVALASA, AFFILIATED TO JNTU-GV, VIZIANAGARAM DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION A.P. SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT -522238

2. THE COMMISSIONER OF HIGHER EDUCATION, GARUDADRI KK TOWERS,SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT 522503

3. THE JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, REP.BY ITS REGISTRAR GURAJADA, VIZIANAGARAM. 535001

4. DR B R AMBEDKAR UNIVERSITY, REP. BY ITS REGISTRAR, SRIKAKULAM.532001

Writ of Mandamus declaring the action of respondents herein more particularly the respondent universities No. 3 and 4 in including the petitioner's name in the impugned in-eligibility list dated 19-8-2026 merely on the ground that the petitioner not drawing the UGC 7th pay scales the same action as highly illegal, arbitrary and also contrary to the law and consequentially the Hon'ble Court may pleased to declare that the petitioner herein is eligible for the post of Associate Professor in Computer Science and Engineering , by set asiding the impugned ineligibility list dated 19-08- 2026 in so far as the petitioner is concerned be pleased direct all the respondents herein to allow the petitioner to participate in the subsequent selection process for the post of Associate Professor in Computer Science and Engineering in the respondents Universities without reference to the impugned in-eligibility list dated 19.08.2026, pending disposal of the above writ petition Counsel for the Petitioner:

1. M R TAGORE

2. B RAMA SANKARA RAO SC FOR JNTU GURAJADA VIZIANAGARAM WRIT PETITION NO: 28822/2026 Between:

1. DASARI VIJAYA KUMAR, S/O NARASIMHA MURTHY, AGED 60 YEARS, OCC ADJUNCT PROFESSOR, R/O. D.NO.9-9- 127/44, FLAT NO.501, 5TH FLOOR, SHREE KRISHNA RESIDENCY, MANGAPURAM COLONY,

SIVAJIPALEM, VISAKHAPATNAM

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI,

ANDHRA PRADESH-522238.

2. THE COMMISSIONERATE OF HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH, REP. BY COMMISSIONER, GARUDADRI KK TOWERS SRILAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 522503.

3. THE ANDHRA UNIVERSITY, VISAKHAPATNAM, REP. BY ITS REGISTRAR. 530003

4. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, GURAJADA, VIZIANAGARANAM, 535003 REP. BY ITS REGISTRAR.

5. RAYALASEEMA UNIVERSITY, KURNOOL, REP. BY ITS REGISTRAR. 518007

Court may be pleased toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents more particularly the Respondent Nos.3 to 5 Universities in declaring the Petitioner as ineligible for being considered for selection to the post of Associate Professor in the Department of Environmental Engineering as recorded in the final list of ineligible candidates as being illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, and Consequently direct the Respondent No.3 to 5 to consider the application of the Petitioner for recruitment to the post of Associate Professor in the Department of Environmental Science, Engineering and Management Civil Engineering with Environment Engineering and Civil Engineering be pleased direct the Respondent Nos.3 to 5 Universities to permit the Petitioner to participate in interview process to the post of Associate Professor in the Department of Civil Engineering with specialization Environment Engineering ,

1. N ASHWANI KUMAR

2. B RAMA SANKARA RAO SC FOR JNTU GURAJADA VIZIANAGARAM

HIGH COURT OF ANDHRA PRADESH

* * * * W.P.NO.24395 of 2026 and batch

DATE OF JUDGMENT PRONOUNCED: 13.10.2026

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE NYAPATHY VIJAY,J

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3. Whether Your Lordships wish to see the fair copy of the Judgment?

Yes/No

________________ NYAPATHY VIJAY,J

*THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY + W.P.No.24395 of 2026 and batch % 13.10.2026 Between: Gunakala Sivaiah, S/O. G. Subramanyam, VSU College, Kavali, Vikarama Simhapuri University, SPSR Nellore District. ...Petitioner And The State of Andhra Pradesh, Rep.by its Principal Secretary Department of Higher Education, A.P. Secretariat, Velagapudi, Amaravati, Guntur District and 4 others.

...RESPONDENT(S)

Counsel for the Petitioner : Smt. Kavitha Gottipati Counsel for the Respondent(S): G.P. for Services -III < Gist : > Head Note: ? Cases Referred: 1 (2010) 4 SCC 301 2 (2007) 11 SCC 447 3 2025 Live Law (SC) 827 4 (2024) 20 SCC 23 5 2024 SCC Online All 133

HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.24395, 24418, 24420, 24422, 24423, 24425, 24426, 24430, 24468, 24489, 24941, 26458, 26461, 26462, 26495, 27201, 27575, 27579, 28651, 28683 and 28822 of 2026

COMMON ORDER:

The present batch of writ petitions is filed to declare the action of Respondents in rejecting the applications of the Petitioners for the post of Assistant Professor/Associate Professor for want of emoluments as prescribed in G.O.Ms.No.14, Higher Education (UE) Department, dated 13.02.2019 under clause 10(f) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (for short ‘the UGC Regulations’).

2. As the issue in these writ petitions is common, with the consent of learned counsel, the matters were taken up together and are being disposed of by this common order.

3. Facts leading the cases: Recruitment notifications were issued by Public Universities in the State separately on 15.05.2026 inviting online applications for various posts viz., Assistant Professor and Associate Professor. It was stated that about 1500 posts across the Universities in the State are sought to be filled up. The Petitioners, having requisite academic qualifications and working in various Universities in different designations on a non- regular basis for a considerable period of time and discharging duties akin to Associate Professor/Assistant Professor, applied for the post of Associate Professor under different notifications.

4. Their applications were rejected on the ground that the Petitioners are not having regular service with requisite pay-scale as required for appointment to the post of Associate Professor as per the UGC Regulations as adopted by the State of A.P. vide G.O.Ms.No.14, dated 13.02.2019 among other correctable grounds.

5. The University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations 2018 is the parent regulation governing the appointments to various posts in the Universities. The State adopted the selection criteria vide G.O.Ms.No.14, dated 13.02.2019, as amended by G.O.Ms.No.20, Higher Education (UE) Department, dated 28.06.2023. The eligibility as per the UGC Regulations, 2018 for appointment as Associate Professor is provided in Regulation 4.1 and the same reads as under: Associate Professor:

Eligibility:

i) A good academic record, with a Ph.D. Degree in the concerned/allied/relevant disciplines.

ii) A Master„s Degree with at least 55% marks (or an equivalent grade in a point-scale, wherever the grading system is followed).

iii) A minimum of eight years of experience of teaching and / or research in an academic/research position equivalent to that of Assistant Professor in a University, College or Accredited Research Institution/industry with a minimum of seven publications in the peer-reviewed or UGC-listed journals and a total research score of Seventy five (75) as per the criteria given in Appendix II, Table 2.

6. The clauses (i) and (ii) of the above are the educational qualifications and these aspects are non-negotiable. Only individuals who meet these criteria are entitled to apply for the post. The clause (iii) speaks of eight years of teaching experience with a minimum of seven publications in the peer-reviewed or UGC-listed journals and a total research score of seventy five (75) as per the criteria given in Appendix II, Table-2 and even this being a facet of eligibility criteria is non- negotiable.

7. The method of calculating the eight (08) years of teaching experience as required in Regulation 4.1(iii) is provided in Regulation 10 and the same reads as under: 10.0 Counting of Past Services for Direct Recruitment and Promotion under CAS; Previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR and DBT, should count for the direct recruitment and promotion under the CAS of a teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature, provided that:

(a) The essential qualifications of the post held were not lower than the qualifications prescribed by the UGC for Assistant Professor, Associate Professor and Professor, as the case may be.

(b) The post is/was in an equivalent grade or of the pre- revised scale of pay as the post of Assistant Professor (Lecturer) Associate Professor (Reader) and Professor.

(c) The concerned Assistant Professor, Associate Professor and Professor should possess the same minimum qualifications as prescribed by the UGC for appointment to the post of Assistant Professor, Associate Professor and Professor, as the case may be.

(d) The post was filled in accordance with the prescribed selection procedure as laid down in the Regulations of the University/State Government/Central Government/ Institutions concerned, for such appointments.

(e) The previous appointment was not as guest lecturer for any duration.

(f) The previous Ad-hoc or Temporary or contractual service (by whatever nomenclature it may be called) shall be counted for direct recruitment and for promotion, provided that:

(i) the essential qualifications of the post held were not lower than the qualifications prescribed by the UGC for Assistant Professor, Associate Professor and Professor, as the case may be

(ii) the incumbent was appointed on the recommendation of a duly constituted Selection Committee/Selection Committee constituted as per the rules of the respective university;

(iii) the incumbent was drawing total gross emoluments not less than the monthly gross salary of a regularly appointed Assistant Professor, Associate Professor and Professor, as the case may be; (g) No distinctions shall be made with reference to the nature of management of the institution where previous service was rendered (private/local body/Government), while counting the past service under this clause.”

8. The State Government issued G.O.Ms.No.14, Higher Education (UE) Department, dated 13.02.2019 adopting the Revised pay scales of UGC, 2016 and the Recruitment Regulations, 2018. Thereafter, supplemental guidelines were issued vide G.O.Ms.No.20, Higher

Education (UE) Department, dated 28.06.2023 for selections to the teaching posts in the Universities. The manner for counting of past service is provided in clause 4.3 thereof and the additional condition is that the emoluments could be verified by Bank account statements and Income tax returns. The clause 4.3 is extracted below; ―4.3 Any claim of past regular teaching experience by an applicant to the post of Assistant Professor/ Associate Professor / Professor, including previous adhoc or temporary or contractual service (by whatever nomenclature it may be called), is valid provided that the claimant fulfils all the following conditions for the concerned period:

(a) Possessed the essential and mandatory qualifications for the post held as stipulated by UGC / concerned Regulatory Authority; (b) Held a Ph.D. Degree, if applicable, awarded in conformity with the relevant UGC Regulations;

(c) Appointed in the same cadre/equivalent grade post by a Competent Authority only on the recommendations of a duly constituted Selection Committee as per the regulations issued by the UGC/ concerned Regulatory Authority as amended from time to time; (d) Not appointed as part-time/guest faculty with pay on hourly basis even if paid monthly; (e) Drawn the pay scale/ total gross emoluments not less than that equivalent to the pay scales applicable to a regularly appointed candidate in such post concerned and it shall be verifiable against his/her bank account statement or Income Tax Returns for that period; (f) Complied with the required eligibility criteria for promotion to various Academic Levels under CAS as stipulated in G.O.Ms.No.14, Higher Education (UE) Department, dated 13.02.2019 and other relevant GOs issued by Government from time to time; Besides fulfilling the other eligibility conditions, completing 4/5/6 years of experience, as the case may be, as Assistant Professor for promotion to Assistant Professor (SS) / Level 11, 5 years of service as Assistant Professor (SS) in the university/college concerned for promotion to Assistant

Professor (SG) / Level 12, 3 years of service as Assistant Professor (SG) in the university/college concerned for Associate Professor / Level 13A and 3 years of experience as Associate Professor in the university/college concerned for Professor/Level 14 is compulsory.”

9. As per the above UGC Regulations, the teaching experience can be counted whether appointment on Ad hoc or temporary or contractual service (by whatever nomenclature it may be called), when the individual has requisite qualifications and is appointed on the recommendation of a duly constituted selection committee. To this extent, learned Standing Counsel for the Respondent-Universities, Sri. G.Ramachandra Rao, would submit that there is no dispute to the appointment after selection process and teaching experience of the Petitioners. Even otherwise, though the nomenclature of some of the Petitioners is stated to be „Academic consultant‟ and not as Assistant Professor, it is to be noted that the teaching posts recognised under the UGC Regulations for appointment are Assistant Professor, Associate Professor and Professor and therefore, notwithstanding the nomenclature adopted by the Universities, the teaching duties, an individual had discharged as an academic consultant have to be construed, at the least, as those of the basic teaching post recognised under the UGC Regulations, i.e. Assistant Professor for counting of service under the UGC Regulations.

10. The other reason for treating the ‘academic consultants’ as akin to Assistant Professors is that Regulation 13 of the UGC Regulations restricts appointment of Contract teachers to a maximum of 10% of teaching staff. In the course of arguments, it was informed that in the State Universities, there was no recruitment for over 15 years on account of various litigious issues and in that context, the Universities had to resort to different nomenclatures in the appointments, though they were made after notification and by a selection committee.

11. Coming back to eligibility criteria, the Regulation 10(f)(iii) as highlighted above, links the experience with the gross emoluments of a regularly appointed Assistant Professor/Associate Professor and Professor. This is where the crux of the issue is. Normally, in recruitment to various posts, the educational qualifications and experience would be mentioned as an eligibility criteria, but this Regulation links the emoluments of a post for counting the experience, making it unique in that sense.

12. The prescription of academic qualifications and experience are the discretion of the employer and is within the ability, control and reach of the aspirants, but the imposition of emoluments as a criteria makes the eligibility of an individual dependent on external factors, i.e., the employer of the aspirant. On a plain reading of this clause, a Government lecturer working on regular basis after selection through a service commission in any Government college teaching corresponding courses or a University professor appointed after selection process on non-regular basis, but without attached emoluments, are also excluded, as they do not have the emoluments of an Assistant Professor as prescribed by UGC, notwithstanding their years of teaching experience.

13. This dependency of the qualification of the aspirant on the proposed erstwhile employer i.e. a third party, makes the clause manifestly arbitrary in violation of Article 14 of the Constitution of India as the aspirant has no control of this. This is so, if it is to be understood as per the language employed without reference to the purport and rationale of the clause. Therefore, the clause is required to be understood in a workable manner without any absurdity, as held in H.S. Vankani v. State of Gujarat1. “43. It is a well-known rule of construction that the provisions of a statute must be construed so as to give them a sensible meaning. The legislature expects the court to observe the maxim ut res magis valeat quam pereat (it is better for a thing to have effect than to be made void). The principle also means that if the obvious intention of the statute gives rise to obstacles in implementation, the court must do its best to find ways of overcoming those obstacles, so as to avoid absurd results. It is a well-settled principle of interpretation of statutes that a construction should not be put on a statutory provision which would lead to manifest absurdity, futility, palpable injustice and absurd inconvenience or anomaly.”

14. In the understanding of this Court, qualitative teaching experience of (08) years is the purport of the Regulation and the insistence on emoluments akin to those of the Assistant 1 (2010) 4 SCC 301

Professor/Associate Professor is only to authenticate the claims of the aspirants about eight (08) years of teaching experience for the post and to avoid unverifiable claims of teaching experience, given the paucity of time and extremely limited resources of a State University at the time of recruitment. This is so, as at the time of recruitment, the universities are inundated with applications from the aspirants and the University does not have the wherewithal of the State to gather the required information on all the applications.

15. However, the emoluments cannot be said to be an absolute determining factor over experience of teaching, where there is no whiff of a doubt to the qualitative minimum teaching experience in the cadre or equivalent cadre of Assistant Professor, like in the case of non- regular teaching faculty in the Universities and Government lecturers in Government colleges teaching corresponding courses.

16. The next question would be, whether the applications of Petitioners could be rejected for want of emoluments when they are discharging teaching duties in the State Universities on a non-regular basis for over 10-15 years.

17. As observed above, the applications of the Petitioners could not be rejected for want of emoluments as there is no dispute to the qualitative minimum teaching experience of (08) years. Another aspect to be noted in these cases is that Clause 13 of the Regulation mandates that all contract employees are entitled to be paid emoluments equal to those of regularly appointed Assistant Professors in the respective Universities. Clause 13 of the Regulations is extracted below: “13.0 Appointments on Contract Basis; The teachers should be appointed on contract basis only when it is absolutely necessary and when the student teacher ratio does not satisfy the laid-down norms. In any case, the number of such appointments should not exceed 10% of the total number of faculty positions in a College/University. The qualifications and selection procedure for appointing them should be the same as those applicable to a regularly-appointed teacher. The fixed emoluments paid to such contract teachers should not be less than the monthly gross salary of a regularly appointed Assistant Professor. Such appointments should not be made initially for more than one academic session, and the performance of any such entrant teacher should be reviewed for academic performance before reappointing him/her on contract basis for another session. Such appointments on contract basis may also be resorted to when absolutely necessary to fill vacancies arising due to maternity leave, child-care leave, etc.”

18. Though the Regulation 13 mentions that the same applies to persons appointed on contract basis, the same is loosely worded and should be construed as covering all the persons working in the teaching faculty on a non-regular basis. The above mandates that the emoluments paid to such contract teachers be not less than the monthly gross salary of a regularly appointed Assistant Professor and the deviation in payment cannot be to the disadvantage of the Petitioners working in the very University. It is visualisable that the Petitioners and persons similarly placed would not have claimed emoluments as per Regulation 13 as they would have apprehended removal from service

under the pretext of annual review as provided under the very same regulation. Apart from the above, in a society as ours, inundated with academically qualified, the unemployed among them, hardly have any bargaining capability with the employer in asking for emoluments akin to those of Assistant Professor. There is hardly any level playing field for the aspirants saddled with responsibilities on account of passage of time.

19. The Universities, having not paid the emoluments as those of Assistant Professor to the Petitioners, could not have taken advantage of their wrong and reject the applications of the Petitioners. The latin maxim “nullus commodum capere potest de injuria sua propria” meaning that no person can take advantage of his own wrong is a recognised as a fundamental legal principle in Brooms Legal maxims and the same is apt, in the context of this case. The observations of Hon’ble Supreme Court in Kusheshwar Prasad Singh v. State of Bihar2, would be relevant; “14. In this connection, our attention has been invited by the learned counsel for the appellant to a decision of this Court in Mrutunjay Pani v. Narmada Bala Sasmal wherein it was held by this Court that where an obligation is cast on a party and he commits a breach of such obligation, he cannot be permitted to take advantage of such situation. This is based on the Latin maxim commodum ex injuria sua nemo habere debet (no party can take undue advantage of his own wrong).

15. In Union of India v. Major General Madan Lal Yadav the accused army personnel himself was responsible for 2 (2007) 11 SCC 447

delay as he escaped from detention. Then he raised an objection against initiation of proceedings on the ground that such proceedings ought to have been initiated within six months under the Army Act, 1950. Referring to the above maxim, this Court held that the accused could not take undue advantage of his own wrong. Considering the relevant provisions of the Act, the Court held that presence of the accused was an essential condition for the commencement of trial and when the accused did not make himself available, he could not be allowed to raise a contention that proceedings were time-barred. This Court (at SCC p. 142, para 28) referred to Broom‟s Legal Maxims (10th Edn.), p. 191 wherein it was stated:

“It is a maxim of law, recognised and established, that no man shall take advantage of his own wrong; and this maxim, which is based on elementary principles, is fully recognised in courts of law and of equity, and, indeed, admits of illustration from every branch of legal procedure.”

16. It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. It is sound principle that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. To put it differently, “a wrongdoer ought not to be permitted to make a profit out of his own wrong”.

20. In the light of the above, the applications of the Petitioners could not have been rejected taking into consideration the interpretation of Regulation 10(f)(iii) as mentioned above as there is no dispute to their teaching experience and the University having not paid the emoluments as prescribed in Regulation 13, could not take advantage of the same and reject the applications.

21. In a slight detour, it would be appropriate to refer to the concern of the Hon’ble Supreme Court in Shah Samir Bharatbhai & Ors v.

State of Gujarat3, over low salaries paid to the teaching staff. The paragraphs 4 and 5 are extracted below; “4. Academicians, lecturers and professors are the intellectual backbone of any nation, as they dedicate their lives to shaping the minds and character of future generations. Their work goes far beyond delivering lessons—it involves mentoring, guiding, research, nurturing critical thinking, and instilling values that contribute to the progress of society. However, in many contexts, the compensation and recognition extended to them do not truly reflect the significance of their contribution. When educators are not treated with dignity or offered respectable emoluments, it diminishes the value a country places on knowledge and undermines the motivation of those entrusted with building its intellectual capital. By ensuring fair remuneration and dignified treatment, we affirm the importance of their role and reinforce the nation‟s commitment to quality education, innovation, and a brighter future for its youth.

5. It is just not enough to keep reciting gurubramha gururvishnu gurdevo maheshwarah at public functions. If we believe in this declaration, it must be reflected in the way the nation treats its teachers.”

22. Eventually, the Hon’ble Supreme Court granted minimum pay scale admissible to the Assistant Professors from three (3) years prior to the filing of the writ petition with interest @ 8%.

23. Coming back, a lot of emphasis was made on the judgment of the Hon’ble Supreme Court in Allahabad University v. Geethanjali Tiwari4 to the effect that Regulation 10(f)(iii) is absolute. It is relevant to note that in the batch of cases, the aspirants had applied for the post of Assistant Professor by quoting their teaching experience in private colleges and as guest lecturers for some time. The Single Judge of the Allahabad High Court dismissed the Writ Petitions and, questioning the 3 2025 Live Law (SC) 827 4 (2024) 20 SCC 23

same, Writ Appeals were filed. During the pendency of Writ Appeals, a Writ Petition was also filed questioning the vires of Regulation 10(f)(iii) of the Regulations.

24. The Division Bench of the Allahabad High Court, after noting that the eligibility criteria for the post of Assistant Professor under Regulation 4 of the UGC Regulations did not mandate any teaching experience for appointment, opined that Regulation 10, which speaks of the manner of counting of past service, has no application to the appointment of Assistant Professor and the reference to Assistant Professor in the Regulation is only a surplusage. The Division Bench also held that Table 3-A of the Regulations, which provides for two marks for each year of teaching experience, is not defined and therefore, it was held that teaching experience as a full-time teacher in a recognised University or its affiliated or constituent colleges with requisite qualification would be sufficient to be entitled to two marks for each year. In that view, the Division Bench opined that there was no reason to go into the question of the validity of Regulation 10(f)(iii) (Geetanjali Tiwari v. Union of India5).

25. The Hon’ble Supreme Court in the above-cited judgment did not agree to the judgment of the Allahabad High Court and had set-aside the same. The above judgment was in the context of appointment to the post of Assistant Professor and the applicability of Regulation 10 to the 5 2024 SCC Online All 133

post of Assistant Professor and does not apply to the facts of these cases. In the present batch of cases, the appointment is sought to the post of “Associate Professor” and the question is understanding the purport and rationale of Regulation 10(f)(iii) and the non-adherence to Regulation 13 vis-a-vis contractual teaching faculty in the Universities.

26. For the aforesaid reasons, the Writ Petitions are disposed of with the following directions:

(i) The applications of the Petitioners for the post of Associate Professor shall be re-examined by the Respondent-Universities without insisting on the emoluments as provided in Regulation 10(f)(iii) of the UGC Regulations, 2018.

(ii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. ________________ NYAPATHY VIJAY,J Date: 13 .10.2026 Note: L.R.copy be marked. KLP/VSR

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