IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ^ TUESDAY, THE TWENTY FIRST DAY OF JANUA^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B KRISHNA MOHAN AND THE HON’BLE SRI JUSTICE NYAPATHY VIJAY^ WRIT APPEAL NO: 37 OF 2025 Writ Appeal under Clause 15^f the Letters Patent Appeal preferred against the Judgment in W.P.No. 25613 of 2020 dated 31.07.2024, on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary Higher Education Department AP Secretariat Velagapudi Guntur. 2. The Special Commissioner of Collegiate Education, ANR Towers Prasadampadu Vijayawada Krishna District Andhra Pradesh Now functioning at Mangalagiri, Guntur, State of Andhra Pradesh, 3. The Regional Joint Director of Collegiate, Education Guntur, Guntur District A.P. ...APPELLANTS/RESPONDENTS—- AND 1. Dr. A Sarala Devi, M.A., Ph.D Hindi W/o Naga Balaji Rao, aged 48 years. Unaided Lecturer in Hindi, SSN College Narasaraopet R/o 11-22- 55, Rami Reddypet, Narasaraopet Mandal, Guntur District, AP. ...RESPONDENT/WRIT PETITIONER-^ 2. The Secretary and Correspondent, SSN College, Narsaraopet Guntur District, A.P. ...RESPONDENT/RESPONDENT ▼ lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order, dated 31.07.2024 passed by this learned Single Judge in W.P.No. 25613 of 2022, Pending disposal of the Writ Appeal. Counsel for the Appellant: GP FOR HIGHER EDUCATION - Counsel for the Respondent No.1: SRI BHARAT BABU N ^ Counsel for the Respondent No.2: SRI G L V RAMANA MURTHY The Court made the following: ORDER APHC010816112018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3516] TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT APPEAL NO: 37/2025 Between: The State Of Andhra Pradesh and Others ...APPELLANT(S) AND A Sarala Devi and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1.GP FOR HIGHER EDUCATION Counsel for the Respondent{S): 1.G L VRAMANA MURTHY 2.BHARAT BABU.N 2 % HBKM,J & HVN,J W.A.No.37of2025 The Court made the following: JUDGMENT: (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellants and the learned counsel for the respondent. 2. This writ appeal is filed against the order passed by the learned Single Judge in W.P.No.25613 of 2020 dated 31.07.2024. 3. However, both the learned counsels submit that the similar matter already disposed of by the Division Bench of this court in W.A.No.1193 of 2023 and batch, vide common judgment dated 23.08.2024. IS 4. In terms of the same, this writ appeal is also disposed of with the following direction: That apart, as seen from the order of the teamed Single Judge, it is evident that the learned Single Judge has erred in holding that there was no counter on record. The detailed counter filed by the State amply clarifies the stand of the State in so far as absorption of the respondents into aided posts. The case of each of the respondent/employees has to be considered individually merits and appropriate orders must be passed against each of the employee. There cannot be an omnibus consideration of the of the respondents and it is not expected that the State shall pass omnibus order in the cases of all similarly placed employees who 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 11. on cases an are 3 HBKM,J & HVN,J W.A.No.37 of 2025 consider the terms and conditions of empioyment 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 period of 8 (eight) weeks after receipt of such representation s from the respondents. With these observations, the writ appeals are disposed off without costs." 5. The Registry is directed to append the copy of the order passed in W.A.No.1193 of 2023 and batch, dated 23.08.2024 to this order. There shall be no order as to costs. 12. sequel, Interlocutory Applications pending, if any, shall stand As a closed. Sd/- M-RAMESH BABU deputy registrar //TRUE COPY// SECTION OFFICER To, 1. A Sarala Devi, M.A., Ph.D Hindi W/o Naga Balaji Rao aged 48 years Unaided Lecturer in Hindi SSN College Narasaraopet R/o 112255 Rami Reddypet Narasaraopet Mandal Guntur District AP. 2. The Secretary and Correspondent, SSN College, Narsaraopet Gynttrr District, A.P. 3. Two CCs to GP for Higher Education, High Court of A.P. [OUT 4. One CC to Sri Bharat Babu.N, Advocate [OPUC] — 5. One CC to Sri G L V Ramana Murthy, Advocate [OPUC 6. Three CD Copies (Along with a copy of order dt. 23.08.2024 in WA No. 1193 of 2023), TF rr 4* HIGH COURT DATED:21/01/2025 ORDER ^ 10 FEB 2025 •>] . Current Section WA.No.37 of 2025 DISPOSING OF THE W.A., WITHOUT COSTS II3II WA.Nos,l193. 1160. 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 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 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.LV.RAMANA MURTHY 2.Sri.N.BHARAT BABU ...RESPONDENT(S) The Court made the following: '4 WA.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 THE HONOURABLE 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 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 same is on record. 3. The learned Government Pleader also submits that the respondents were made amply clear through various proceedings 9 115/1 WA.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 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. 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 4. grant-in-aid post. GOMs.No.12, dated 22.01.1992 prescribes the procedure for selection of Lecturers and Junior Lecturers. The relevant portion 5. extracted hereunder; The private managements shall notify the vacancies to the employment exchange and without waiting for WA.Nos.1l93, 1150, 1151, 1152. 1153, 1155, 1194. 1195 1196 1202 1203, 1204. 1205, 1208, 1209, 1210, 1211, 1213, 1214’l228' 1229' .1231, 1232. 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 0(2023’ 6, 7, 8, 9. 10, 11, 12. 13. 278, and 379 0(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. 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 ; 6. 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 specific remedy and whether Justice despite demanded has not been granted. no 7. The learned Government Pleader also placed reliance Seshmani Shukla Vs. District Inspector of Schools^, the Hon’ble on ’ (2004) 2 see 150 2 (2009) 5 see 65 inii WA.Nos.l193, 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 came 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. 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 -12006 (4) see 1 I WA.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 012023, 6,7, 8, 9, 10, 11. 12, 13,278, and 379 012024 placed heavy reliance on the orders passed by this Court in Writ Appeal No.263, 340 of 2019 and 69, 218 of 2020. Whereby this Court has dismissed the writ appeals filed by the State against the order of the learned Single Judge passed in a batch of writ petitions directing the respondents therein to absorb., the petitioners into grant-in-aid posts. As seen from the order passed by the learned Single Judge and also the order of the writ appeal relied upon by the learned counsel for the respondents, it is evident that the material before this Court by the State for denying the claim of the respondents 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 it is evident that the learned Single Judge has erred in holding that there was no counter on record. The detailed counter filed by the State amply clarifies the stand of the State in so far as absorption of the respondents into aided posts. The case of each of the respondent/employees has to be considered individually on merits and appropriate orders must be passed against each of the employee. There cannot be an omnibus consideration of the cases of the respondents and it is not expected that the State shall pass an omnibus order in the cases of all similarly placed employees who are A II9II WA.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 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. 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. Pending miscellaneous petitions, if any, shall stands closed. JUSTICE G.NARENDAR JUSTICE HARINATH.N Dated 23.08.2024 KGM