/ 1 i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33516 OF 2022 Between: B. Stayavedamma, W/o. Rajasekhar, aged about 52 Years, R/o. H. No. 40/581, Dharmapeta, Kurnool City, Kurnool District, A.P. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its PrI. Secretary, Higher Education Department, Secretariat, Velagapudi, Amaravathi. The District Collector, Kurnool District, Kurnool. The Commissioner, Commissionerate of Collegiate Education, 3'^'^ and 4^*^ Floors, ANR Towers, Prasadampadu, Jammichettu Road, Vijayawada Rural, NTR District, A.P. The Regional Joint Director of Collegiate Education, Zone-IV, BC Co- Operation Society, Nagarajupeta, Kadapa City, YSR Kadapa District. S.T.B.C. College of Arts & Commerce, Rep. by its Correspondent, Prakash Nagar, Kurnool City, Kurnool District, A.P. 1. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in not regularizing the Petitioner's services for the grant-in-aid Scavenger post from the date of 14.07.1991 as per the G.O.Ms.No. 212 dated 22.04.1994 as illegal, arbitrary and in utter violation of Article 14, 16, 19 and 21 of the Constitution of India and contrary to the G.O.Ms.No. 212 dated 22.04.1994 and consequently direct the Respondent authorities to regularize the Petitioner's services in grant-in- aid Scavenger post from date of 14.07.1991 with the regular pay attached to the post with all consequential benefits. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass an interim order by directing Respondent to consider the case of the Petitioner for regularization of her grant-in-aid Scavenger post from date of 14.07.1991 as per the G.O.Ms.No. 212 dated 22.04.1994, until disposal of the above writ petition. services in Counsel for the Petitioner : SRI SRINIVASA RAO NARRA Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following; ORDER t APHC010547842022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33516/2022 Between: ...Petitioner B Stayavedamma AND ...Respondents The State of AP and others Counsel for the Petitioner: 1. Srinivasa Rao Narra Counsel for the Respondents: 1 .GP for Higher Education The Court made the following order: Heard Sri Srinivasa Rao Narra, learned counsel for the petitioner and learned Assistant Government Pleader for Higher Education appearing for the respondents. Challenging action of the respondent authorities in not regularizing the 2. Petitioners services for the grant-in-aid Scavenger post from the date of 14.07.1991 as per the G.O.Ms.No.212 dated 22.04.1994, the present writ petition is filed. 3. Both the learned counsels would submit disposed of by this court in W.A.No.1193 of 2023. that similar matter was 4. The Writ Petition is accordingly disposed of in terms of the order passed in W.A.No. 1193 of 2023, dated 23.08.2024. 5. The petitioner shall submit the application to the period of six weeks from the date of receipt of this order. The respondents within a petitioner shall also submit the relevant annexure^ such as, the appointment letter, record if any available with the petitioner and any other document relating to the claim for absorption into aided posts. The respondents service shall pass appropriate orders preferably within a period of eight weeks after receipt of such representations from the petitioner. There shall be no order as to costs. 6. The Registry is directed to append a copy of the order passed i W.A.No. 1193 of 2023, dated 23.08.2024 to this order. in As a sequel, miscellaneous applications, if any pending, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 2. The District Collector, Kurnool District, Kurnool Director of Collegiate Education Zone-IV BC Co 5 Society, Nagarajupeta, Kadapa City, YSR Kadaf^^ dIm' Prikash & Commerce, Rep. by its Corresp^nden fi o ’ City, Kurnool District, A.P. 7 Twn rri? Cn Srinivasa Rao Narra, Advocate [OPUC] . j^^oCCsto GP for Higher Education, High Court of Andhra Pradesh. 8. Three C.D. Copies. (Along with copy of the order dated.23 08 2024 enclosed herewith)* Cnr in W.P. No. 1193 of 2023 \ HIGH COURT DATED:07/05/2025 ORDER WP.No.33516 of 2022 5? * 2 8 MAY 2025 <2. ©9 ^ . Curreni Mellon >^gSPATCW^S^ DISPOSING OF THE W.P. WITHOUT COSTS 1151, 1152, 1153, 1155, 1194 1195, 1198, 1202 WA Nos 1193, 1150, 1203 1204 1205, 1208, 1209, 1210, 1211. 1213. 1214, 1228, 1229, 123/ 1232.' 1233, 1234, 1250. 1253, 1279, 1280 1281, 1282 of 2023, 6, 7; 8, 9. 10, 11, 12, 13, 278, and 379 o( 2024 f t 0/ r APHC010590592023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3466] FRIDAY ,THE TWENTY THIRD DAY OF AUGUST TWO 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) Counsel for the Respondent(S): I.Sri.G.L.V.RAMANA MURTHY 2,Sri.N.BHARAT BABU The Court made the following: UAH WA.N0s.lig3, 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 ? THE HONOURABLE SRI JUSTICE G.NARENDAR and THE HON’BLE SRI JUSTICE HARINATH. N “*155, 1194. 1195 i2iJ^ 1280. 1282 of 2023. 6. 7. 8. 9. 10. 11. 12. 13. 278. and 379 of 2024 1281. COMMON JUDGMENT (Per Hon’ble Sri Justice Harinath.N) : The batch of writ appeals are filed by the State aggrieved by the order of the learned Single Judge allowing the writ petitions by setting aside the orders rejecting the absorption of the respondents in the writ appeals in Aided posts. The learned Single Judge further directed the State to absorb the petitioners in the Aided posts of Lecturers in the respective private managements with all consequential benefits. The said orders are challenged and as a common issue involved in all the writ appeals, as such a common judgment is passed. 2. The learned Government Pleader submits that the learned Single Judge grossly erred in not considering the counter affidavit submitted in the writ petition and erroneously held that no counter was filed. The State has submitted a detailed counter affidavit and the is on record. same 3. The learned Government Pleader also submits that the respondents were made amply clear through various proceedings WANos 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 categorically mentioning that those posts will be un-aided and will not be admitted to grant-in-aid either now or in future and the entire expenditure will be met from the College Management Funds Only. It is also submitted that the respondents were engaged as un-aided Lecturers in pursuance of the proceedings referred above. In such a scenario the respondents cannot seek absorption into aided regular government vacancies. The learned Government Pleader further submits that the detailed counter filed by the State was not at all considered by the learned Single Judge before passing the orders impugned in the writ petitions. 4. The learned Government Pleader also submits that the respondents 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. 5. GOMs.No.12, dated 22.01.1992 prescribes the procedure for selection of Lecturers and Junior Lecturers. The relevant portion extracted hereunder; The private managements shall notify the vacancies to the employment exchange and without waiting for WANos 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, 1200, 1281, 1282 of 2023 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 ol 2024 sponsoring of candidates by the employment exchange, after a lapse of 15 days, the private management shall notify the vacancies in 2 dailies indicating the roster point, calling for application from the eligible candidates. It is brought to the notice of the Court, the private managements have not notified the vacancies and have evaded intimation to the employment exchange. 6. It is also submitted that majority of the aided institutions have voluntarily surrendered their aid and staff to the Government in consonance with the policy decision of the Government notified vide GOMs.No.42, dated 10.08.2021. The learned Government Pleader relies on Union of India Vs. S.B.Vohra\ the Hon’ble Supreme Court held as follows ; 13. A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty or by operation of law. The writ of mandamus is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and Is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been granted. 7. The learned Government Pleader also placed reliance on Seshmani Shukla Vs. District Inspector of Schools^ the Hon’ble 1 (2004) 2 see 150 2 (2009) 5 see 65 lull WANos 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 Supreme Court held that the writ petitioner must establish a legal right in himself and a corresponding legal duty in the State. Further reliance is placed on State of Rajasthan Vs. Dayalal and others^*. The Hon’ble Supreme Court referred to the well settled principles relating to regularization and parity in pay. The learned Government Pleader also places reliance on Secretary, State of Karnataka Vs. Umadevi^ the Hon’ble Supreme Court has laid down the guiding principles in so far as the regularization of employees is concerned. 8. The learned Government Pleader submits that the reliance placed by the respondents on cases where directions to regularize the services of the petitioners therein were issued would not be applicable universally for all such employees. It is submitted that the said orders into existence on account of administrative lapses such as non filing of counters or failure on part of the State to place the appropriate facts before the Court. Such orders ought not to be considered for grant of similar reliefs more so when the State is placing all relevant material to reject the claim of the respondents. 9. came The learned counsel for the respondents’ places reliance on various Government Orders issued by the State from time to time and 10. 3 (2011) 2 see 429 “ 2006 (4) see 1 ”53’ "55. ,194. 1195, 1138 ,202 1203, 1204, 1205, 1208, 1209, 1210, 12,1 ,213 1214 1228 122q' fi ’^^5. 1280, 1281, ^282 of 2M3 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024 placed heavy reliance on the orders passed by this Court Appeal No.263, 340 of 2019 and 69 has dismissed the writ appeals filed by the State the learned Single Judge passed in the respondents therein to absorb the in Writ 218 of 2020. Whereby this Court i against the order of a batch of writ petitions directing petitioners into grant-in-aid posts. As seen from the order passed by the learned Single Judge also the order of the writ appeal relied upon by the learned counsel for and the respondents, it is evident that the material before State for denying the claim of the respondents this Court by the was not placed before this Court and as such the learned Single Judge and Division Bench of this Court have passed the orders on the material placed before them only. 11. That apart, as seen from the order of the learned Single Judge IS evident that the learned Single Judge has erred in holding that there was no counter on record. The detailed counter filed by the amply clarifies the stand of the State in so far as absorption of the respondents into aided posts. The case respondent/employees has to be considered individually appropriate orders must be passed against each of the employee. There cannot be an omnibus consideration of the respondents and it is not expected that the State shall omnibus order in the cases of all similarly placed employees who it State of each of the on merits and cases of the pass an are 7 WA Nos 1193. 1150. 1151. 1152. 1153. 1155. 1194. 1195. 1198. 1202 1203. 1204. 1205. 1203. 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 seeking regularization. The State has to consider each case of the employee duly taking into 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 and any other document relating to their claim for absorption into aided posts. The appellants shall pass appropriate orders preferably within a 12. 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 23.08.2024 KGM