WP/15925/2005 of SRI D. MALAYADRI, NELLORE DISTRICT. Vs STATE OF A.P,HYD AND 2 OTHERS on 31 December 2024

1. Sri D. Malayadri, S/o.Sri D. Kondaiah, aged about 32 years,Part TimeLecturer in Mathematics, Sri Sarvodaya College, Nellore[District.]Lecturer in Mathematics, Sri Sarvodaya College, Nellore[District.]

...Petitioner

AND

1. State of Andhra Pradesh, Rep. by its Secretary, Education Department,Secretariat, Hyderabad.Secretariat, Hyderabad.

2. Commission College Education, Government of Andhra Pradesh,Hyderabad.Hyderabad.

3. Sri Sarvodaya College, Rep. by its Correspondent,[Nellore.]

...Respondents

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ, order or direction especially[one][ in][ the][ nature][ of]writ of mandamus, (i) declare that the petitioner is entitled to be consideredfor regular appointment in the aided vacancy of lecturer[in][ Mathematics]inthe 3'^'^ respondent college; (ii) direct the respondents to consider the case of the petitioner for appointment of aided lecturer[in][ Mathematics]in the 3rdrespondent college in the existing vacancy.

I.A. NO: 1 OF 2005(WPMP. NO: 20225 OF 2005)

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the writ petition, the High Court maybe pleased to direct the respondents not to fillup the existing aided post oflecturer in Mathematics in the3'"'^ respondent college pending disposal ofthe writ petition.

Counsel for the Petitioner:SRI. MAHADEVA KANTHRIGALA

Counsel for the Respondents; GP FOR HIGHER EDUCATION

Counsel for the Respondents: SRI. M V RAJA RAAM

The Court made the following: ORDER

APHC010410082005

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3504]

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAMWRIT PETITION NO: 15925/2005

Between:

Sri D. Malayadri, Nellore District....PETITIONER

AND

State Of A P Hyd And 2 Others and Others...RESPONDENT(S)

Counsel for the Petitioner:

1. MAHADEVA KANTHRIGALA

1. GP FOR HIGHER EDUCATION

2. MV RAJA RAM

The Court made the following ORDER:

Heard learned counsel for the petitioner, learned Assistant[Government]Pleader and Sri M.V. Raja Ram, learned Senior Counsel appearing for the 3'^^respondent-College.

2. The present writ petition is filed seeking to declare that the petitioner[ is]entitled/eligible to be considered for regular appointment[in][ the][ aided][ vacancy]ofthelecturerinMathematicsinthe3^'^respondent-Collegeandforconsequential direction to the consider the case of the petitioner.entitled/eligible to be considered for regular appointment[in][ the][ aided][ vacancy]ofthelecturerinMathematicsinthe3^'^respondent-Collegeandforconsequential direction to the consider the case of the petitioner.

3. Learned counselfor thepetitioner submittedthatthepresentwritpetition is squarely covered by the Judgment dated 23.08.2024 of theHon’bleDivision Bench of this Court in W.A No. 1193 of 2023 & batch.thepresentwritpetition is squarely covered by the Judgment dated 23.08.2024 of theHon’bleDivision Bench of this Court in W.A No. 1193 of 2023 & batch.

4. LearnedAssistant Government PleaderandSriM.V.RajaRam,learnedSeniorCounselappearingfor the3^^^ respondent-College,fairlyconceded that the present writ petition is covered by the Judgment dated23.08.2024.andSriM.V.RajaRam,learnedSeniorCounselappearingfor the3^^^ respondent-College,fairlyconceded that the present writ petition is covered by the Judgment dated23.08.2024.

5. The Operative portion of the Judgment in W.A No. 1193 & 2023 dated23.08.2024 is extracted hereunder; -23.08.2024 is extracted hereunder; - of the respondent/employees has to beconsidered individually on merits and appropriate orders must be passedagainsteachoftheemployee.Therecannotbeanomnibusconsideration of the cases of the respondents and it is not expected thatthe State shall pass an omnibus order in the cases of all similarly placedemployees who are seeking regularization. The State has toconsidereach case of the employee duly taking Into account their termsofemployment and whether theprivatecollegeshavefollowedtheprocedure stipulated under the GO for selecting the respondents. TheState ought to also consider the terms and conditions of employmentbeforepassingthedetailedorder.Therespondentsshallsubmitindividual applications to the appellants within a periodof six weeksfrom the date of receipt of this order. The respondents shall also submitthe relevant annexures, such as, the appointment letter, service record ifany available with the respondents and any other document relatingtotheir claim for absorption into aided posts.

12. Theappellantsshall passappropriateorderspreferablywithin a period of 8 (eight) weeks after receipt of[such]representationsfrom the respondents,

6. This Court, on a perusal of the Judgment dated 23.08.2024 and having■■>••regard to the submissions made by the learned counsel for the petitioneraswell as the learned Assistant Government Pleader, deemsit appropriate todispose of the writ petition with a direction to the petitioner to submitanapplication/representationafresh,specificallyannexingtherelevantappointment order, service record, if any, available with him and other relevantdocumentsin respect of his claim for absorption into aidedpost,to therespondents.Thereafter, the respondents shall pass appropriate speakingorders,preferably withinaperiod of eight weeks,afterreceiptof suchapplication/representation from the petitioner.

Accordingly, the writ petition is disposed of. There shall be no order asto costs. As a sequel, all pending applications shall stand closed.

To,

//TRUE COPY//

SD/- A VENUGOPALA RAOASSISTANT REGISTRARASSISTANT REGISTRAR

SEOFFICER

1. ThePrincipalSecretary,StateofAndhraPradesh,EducationDepartment, Secretariat, Velagapudi, Amaravathi, Guntur DistrictDepartment, Secretariat, Velagapudi, Amaravathi, Guntur District

2. Commission College Education, Govt, of A.P Vijayawada

3. The Correspondent, Sri Sarvodaya College, Nellore.

4. One CC to SRI MAHADEVA KANTHRIGALA Advocate [OPUC]

PradesMOUT]"EDUCATION, High Court of Andhra

6. One CC to SRI M V RAJA RAAM Advocate [OPUC]

7. Three CD Copies

(Along with Copy of Order in WA.No. 1193 of 2023)

HIGH COURT

DATED:31/12/2024

ORDERWP.No.15925 of 2005

OII 2 FEB 2025|^. Current Section

DISPOSING OF THE WP WITHOUT COSTS

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATITHE HON’BLE SRI JUSTICE G.NARENDAR

and

THE HON’BLE SRI JUSTICE HARINATH. N+ WRIT APPEAL Nos.1193. 1150. 1151. 1152. 1153, 1155,[1194,]1195. 1198, 1202. 1203. 1204. 1205, 1208. 1209. 1210.[1211,][ 1213,]1214. 1228. 1229. 1231. 1232. 1233. 1234. 1250. 1253.[1279,][ 1280,]1281.1282 of 2023. 6. 7. 8. 9. 10. 11. 12. 13. 278,[and][ 379][ of][ 2024]

% 23.08.2024

WA.No.1193 of 2023

#Between:TheGovernmentofAndhraPradesh,Rep.byitsPrincipalSecretary,HigherEducationDepartment,A. P.Secretariat,.Velagapudi, Amaravathi, Guntur District and two others...PetitionersANDG.Naga Suresh Gupta, S/o.G.V.ChalapathiRao, agedabout 44years.LecturerinMathematics(unaided)Sri.Subbayya&NarayanaCollege,Narasaraopet,Guntur District and another.

...Respondent

Counsel for the Petitioners:Learned GP FOR HIGHER EDUCATION (AP)

I.Sri.G.LV.RAMANA MURTHY

2. Sri.N.BHARAT BABU

The Court made the following;

<Gist:>Head Note:? Cases referred:1. (2004)2 see 1502.(2009) 5 see 65

3. (2011) 2 sec 429

4. 2006 (4) sec 1This Court made the following:

1231. 1232, 1233, 1234. 1250 1253 1279 lJsn ;,», 6, 2. 8, 9, 10, 11, 12. 13. 278, and 379 ^262!^

^and

4 WRIT APPEAL°Nr^«^'

HARINATH. N

Ull 1282 of 2023 B ; a o -9 TM1„12. 1.-^, 278.and37Q T^f9no>^

% 23.08.2024

WA.No.1l93 of ono-i#Between:

Se:re^r"Hirh‘er°'Ed"ltaVelagapudi, Amaravathi, Guntur DistricTandTwo othts

...Petitioners

r- MoandS/o.G.V.Chalapathi RaoaaedGuntur DisWct and anomer''^^^^^^aopet.

...Respondent

date of judgment pronounced-23.08.2024SUBMITTED FOR APPRQvai•

the HON’BLE SRI JUSTICE G.NARENDAR

and1Whaih®R'JUSTICE HARINATHN1. Whe her Reporters of Local newspapers maybe allowed to see the Judgments?

Yes/No

2. Whether the copies of order may be markedto Law Reporters/Journals?

Yes/No

3. Whether Your Lordships wish tosee the faircopy of the order?

Yes/No

APHC010590592023

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3466](Special Original Jurisdiction)

FRIDAY .THE TWENTY THIRD DAY OF AUGUSTTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE G.NARENDAR

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT APPEAL Nos.1193. 1150. 1151. 1152. 1153. 1155, 1194, 1195,

1198. 1202. 1203. 1204. 1205. 1208. 1209. 1210. 1211.[1213.][ 1214,]1228. 1229. 1231. 1232. 1233. 1234. 1250. 1253.1279.[1280. 1281,]

1282 of 2023. 6. 7. 8. 9.10.11. 12.13. 278, and 379[of][ 2024]

WA.No.1193 of 2023

Between:

...APPELLANT(S)

The Government Of Andhra Pradesh and Others

AND

...RESPONDENT(S)

Sri G Naga Suresh Gupta and Others

Counsel for the Appellant(S):

1. Learned GP FOR HIGHER EDUCATION (AP)

1 .Sri.G.L.V.RAMANA MURTHY

2. Sri.N.BHARATBABU

The Court made the following:

WA.N0s.llg3, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202,1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228,1229,1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 20236, 7. 8, 9, 10, 11, 12, 13,278, and 379 of 2024

THE HONOURABLE SRI JUSTICE G.NARENDARand THE HON’BLE SRI JUSTICE HARINATH. N

WRIT APPEAL Nos.1193. 1150. 1151. 1152. 1153. 1155. 1194. 11951198, 1202. 1203, 1204, 1205. 1208. 1209. 1210. 1?11191-^12141228, 1229, 1231, 1232, 1233. 1234, 1250. 1253. 1279. 12»n1?fi11282 of 2023. 6. 7. 8. 9, 10. 11. 12. 13. 278. and 379 of 2024

COMMON JUDGMENT (Per Hon’ble Sri Justice Harinath.N)

:

The batch of writ appeals are filed by the State aggrieved by theorder of the learned Single Judge allowing the writ petitions by settingaside the orders rejecting the absorption of the respondents in the writappeals in Aided posts. The learned Single Judge further directed theState to absorb the petitioners in the Aided posts of Lecturersin therespective private managements with all consequential benefits. Thesaid orders are challenged and as a common issue involved inall thewrit appeals, as such a common judgment is passed.

2. ThelearnedGovernment Pleader submitsthatthelearnedSingle Judge grossly erredin not considering the counteraffidavitsubmitted in the writ petition and erroneously held that no counter wasfiled. The State has submitted a detailed counter affidavit and thesameis on record.Single Judge grossly erredin not considering the counteraffidavitsubmitted in the writ petition and erroneously held that no counter wasfiled. The State has submitted a detailed counter affidavit and thesameis on record.

3. ThelearnedGovernmentPleaderalsosubmitsthattherespondents were made amply clear through various proceedingsrespondents were made amply clear through various proceedings II5II

WA.Nos-1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195,[1196, 1202,]1203,1204, 1205,1208, 1209, 1210,1211, 1213,1214,1228,1229,1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281,[1282][ o(][ 2023,]6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

categorically mentioning that those posts will be un-aided[and][ will][ not]be admittedto grant-in-aideither now orin futureandtheentireexpenditure will be met from the College Management[Funds][ Only.]It isalsosubmittedthattherespondentswereengagedasun-aidedLecturers in pursuance of the proceedings referred[above.]In such ascenario the respondents cannot seek absorptioninto[aided][ regular]government vacancies.ThelearnedGovernmentPleaderfurthersubmits that the detailed counter filed by theState[was]notatallconsidered by the learned Single Judge before passingtheordersimpugned in the writ petitions.

4. ThelearnedGovernmentPleaderalsosubmitsthattherespondents were aware of their terms of appointment[and][ they][ are]also aware of the conditions of their employment. The[respondents][ are]also aware of their non-existent right seeking absorption[into][ the][ Aided]post. It is also stated that, the"respondents also[have][ not][ submitted][ any]documents which assured them of their right to seek[absorption][ into]grant-in-aid post.

for5.GOMs.No.12, dated 22.01.1992 prescribes the procedureselectionofLecturers andJuniorLecturers. Therelevantportionextracted hereunder; The private managements shall notify the vacanciestotheemployment exchangeandwithoutwaitingfor 1231, 1232, 1233 ,2“ijfn’^28, 1229.«. A 8. 8, 10, 11, 12, 13,278 and l7Vcf202l fZrZe^nsyT!eyo^ange.«,r;.rs"?rirn.. bnW,m„.5TOI.have not notified thevacancies and have evaded intimation to theemployment exchange.

m„.5TOI.

6. It is also submitted that majority of the aided institutions havevoluntarily surrenderedtheir aid andstaff tothe Governmenticonsonance with the policy decision ofthe Government notified videGOMs.No.42, dated 10.08.2021.The learned Government Pleaderrelies on Union of India Vs.S.B.Vohra\ the Hon’ble Supreme Court[n]held as follows;voluntarily surrenderedtheir aid andstaff tothe Governmenticonsonance with the policy decision ofthe Government notified videGOMs.No.42, dated 10.08.2021.The learned Government Pleaderrelies on Union of India Vs.S.B.Vohra\ the Hon’ble Supreme Court[n]held as follows; 13 A writ of mandarrrus is issued in favour of aof mandam®right in himself A writof mandamus is issued against a person who has alegal duty to perform but has failed and/or neglectedwrtf°oT' '®“^'’®'®®®'‘'“'>'°''*>'°peraf/onof/aw ThttTureThe 7" ;°! "nafure.Theobject of mandamusisto preventnofif 7-ThelearnedGovernmentPleader alsoplacedrelianceonSeshmani Shukla Vs. DistrictInspector of Schools^, the Hon’ble M2004)2SCC 150

= (2009) 5 see 65

S>1.\

\

imi

WA.NOSH93,1203I231’ 1232' 1233, 1234, 1250, 1253, 1279, 1280, 1281,12041205, 1208, 1209, 1210, 1211, 1213, 1214, 1150, 1151, 1152, 1153, ”55, 1194, 1195,128212281198, 1202, of 2023,1229,6, 7, a, 9, 10, 11, 12, 13, 278, and 379 of 2024

Supreme Court held that the writ petitioner must establisha legal rightin himself and a corresponding legal duty in the State.Further relianceDayalal and others^ The Hon’bleis placed on State of Rajasthan Vs.wellsettledprinciplesrelatingtoCourtreferredtotheSupremeregularization and parity in pay.

Pleaderalsoplacesrelianceon8.ThelearnedGovernment. Umadevi^ the Hon’ble SupremeSecretary, State of Karnataka VsCourthaslaid downtheguidingprinciplesinsofarastheregularization of employees is concerned.

Pleader submits that thereliance9.ThelearnedGovernmentwhere directions to regularize theplaced by the respondents on casesissued would not be applicableservices of the petitioners therein werethat the said ordersuniversally for all such employees. It is submittedaccount of administrative lapses such asnon-came into existence onpart of the State to place the appropriatefiling of counters or failure onorders ought not to be considered forfacts before the Court. Suchof similar reliefs more so when the State Is placingall relevantgrantmaterial to reject the claim of the respondents.

counsel for the respondents’ places reliance on10.The learnedthe State from time to time andvarious Government Orders issued by 3 (2011) 2 see 4292006 (4) see 12006 (4) see 1

//8//

W^Nos 1193, 1150, 1151,152, 1153 1,55 ,,94 ,,95 „gj,^02’2)0.1211,1213, 1214, 1228, 122912311232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 20236. 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

placed heavy reliance on the orders passed by this Court in WritAppeal No.263, 340 of 2019 and 69, 218 of 2020. Whereby this Courthas dismissed the writ appeals filed by the Stateagainst the order ofthe learned Single Judge passedin a batch of writ petitions directingthe respondents thereinto absorb thepetitionersinto grant-in-aidposts. As seen from the order passed.by the learned Single Judgeandalso the order of the writ appeal relied upon by the learned counsel forthe respondents, it is evident that thematerial before this Court by theState for denying the claim of the respondentswas not placed beforethis Court and as such the learned Single Judge and DivisionBench ofthis Court have passed the orders on the material placed before themonly.

11. That apart, as seen from the order of the learned Single JudgeitIS evident that the learned Single Judge has erred in holding that therewas no counter on record. The detailed counter filed by the Stateamply clarifies the stand of the Statein so far as absorption of therespondentsintoaidedposts.Thecaseofeachoftherespondent/employees has to be considered individually on merits andappropriate orders must be passed against each of the employee.There cannot bean omnibusconsiderationof thecasesoftherespondents anditis not expected that the Stateshallpassanomnibus order in the cases of all similarly placed employees who are \

//9//

WAN(JS.1193. 1150, 1151, 1152. 1153. 1155, 1194, 1195.[1198, 1202.]12031204, 1205, 1208, 1209, 1210, 1211, 1213, 1214,[1228,]1229,123l! 1232, 1233, 1234. 1250, 1253, 1279, 1280, 1281,[1282][ 012023,]6, 7, 8, 9. 10, 11. 12, 13, 278, and 379 012024

seeking regularization. The State has to consider each[case]of theemployee duly takinginto account their terms of employment[and]whether the private colleges have followed the procedure[stipulated]under the GO for selecting the respondents. The State[ought][ to][ also]consider the terms and conditions of employment before[passing][ the]detailed order. The respondents shall submit individual[applications][ to]the appellants within a period of six weeks from the[date][ of][ receipt][ of]this order. The respondents shall also submit the relevant[annexures,]such as, the appointment letter, service record if[any][ available][ with][ the]respondents andany other documentrelatingtotheirclaimforabsorption into aided posts.

12. The appellants shall pass appropriate orders preferably[within][ a]period of 8 (eight) weeks after receipt of such representations[from][ the]respondents. With these observations the writ appeals[are][ disposed][ off]without costs.period of 8 (eight) weeks after receipt of such representations[from][ the]respondents. With these observations the writ appeals[are][ disposed][ off]without costs.

Pending miscellaneous petitions, if any, shall stands[closed.]

JUSTICE G.NARENDAR

JUSTICE HARINATH.N

Dated 23.08.2024KGM