APHC010333742008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 9907/2008 Between: Dr.s. Penchalaiah & 2 Others and Others ...PETITIONER(S) AND The Dravidian University Chittoor Dist ...RESPONDENT Counsel for the Petitioner(S): 1. K SURENDER RAJ Counsel for the Respondent: 1. KOTESWARA RAO MUTHINENI (STANDING COUNSEL FOR DRAVIDIAN UNIVERSITY) The Court made the following order: The present Writ Petition is filed, seeking the following relief: “to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the notification No.DU/Estt(T)/831/E-2/2008, dt.25.03.2008, providing relaxation of the prescribed minimum five years recognized service in the cadre of Asst. Professor for the post of Associate Professor and not earmarking the post of Associate Professor in the Department of Comparative Dravidian Literature &Philosoply for Dravidian Philosophy as arbitrary, discriminatory, illegaland contrary to the Notification No.DU/Estt(2)/E- 2/831/2006 dt.23.11.2006 and consequently set aside the said notification dt.25.3.2008, in so far as it relates 2 MRK, J W.P.No.9907 of 2008 to providing relaxation of the prescribed minimum five years recognized service in the cadre of Asst. Professor and calling applications from the candidates possessing the qualifications for the post of Associate Professor in Dravidian Literature and consequently direct the Respondent to consider the Petitioners along with other eligible Asst. Professors possessing the minimum five years recognized service in the said cadre for appointment to the post of Associate Professor in Dravidian Philosophy and with all other consequential benefits.” 2. Apparently,the 1st petitioner was aged about 50 years, the 2nd petitioner was about 48 years and the 3rd petitioner was about 36 years old, when the Writ Petition was filed in the year 2008. 3. On 12.12.2024 and 28.01.2025, there was no representation for the petitioner. Today also there is no appearance for the petitioner. 4. The matter requires no detailed examination in view of the averments made in the counter-affidavit, which goes to show that the University has not filled any posts of Professor and Associate Professor in the Department of Comparative Dravidian Literature and Philosophy pursuant to the Notification No.DU/Estt(T)/831/E-2/2008 dated 25.03.2008 and the petitioners were promoted, retired, and moved to another University respectively. Para Nos.5 & 6, which are relevant in this regard reads as follows:- 3 MRK, J W.P.No.9907 of 2008 “…..5. It is humbly submitted that the Petitioners Dr. S. Penchalaiah, Dr. C. Sam Christopher and Dr. D. Balaganapathi have been promoted as Associate Professors under CAS in 2009. Subsequently, the Petitioner No.1 Dr. S. Penchalaiah has been appointed as Professor in the same Department through direct recruitment in October 2010 and retired from service on attaining the age of superannuation of 62 years on 31.5.2020.The Petitioner No.2 Dr. C. Sam Christopher passed away due to ill health in December 2012. The Petitioner No. 3 Dr. D. Balaganapathi moved toUniversity of Delhi as Professor in Philosophy in 2015. 6. It is respectfully submitted that the University has not filled theposts of Professor and Associate Professor in the Department of Comparative Dravidian Literature and Philosophy in response to the Notification No. DU/Estt(T)/831/E-2/2008, dated 25.3.2008. Further, the petitioner No.1 Dr. S. Penchalaiah retired from service,02 Dr. C. Sam Christopher passed away and 03 Dr. D. Balaganapathi moved to Delhi University. Hence, the petition becomes infructuous……” 5. In the light of the above stated position as stated on oath in the counter-affidavit, the Writ Petition is closed. No order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 30.01.2025 MJA 4 MRK, J W.P.No.9907 of 2008 208 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 9907 of 2008 30.01.2025 MJA