IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16978 OF 2012 oO' / LU .w .y Between: Nandanavanam Srinivasa Rao, S/o Late N.V. Chalapathi Rao, Aged about 47 years, Occ: Un -Aided Lecturer in English Department in Hindu College, Guntur, Presently on leave, R/o H.No. 19-1-39,Brahmin Street, Naralasetty palem, Bapatia -522101, Guntur District, A.P. ...PETITIONER AND 1. The Government of A.P., rep. by its Principal Secretary, Higher Education, Secretariat Buildings, A.P. Hyderabad. 2. The Commissioner of Collegiate Education, Nampally, Hyderabad. 3. The Regional Joint Director, Higher Education, Guntur, Guntur District. 4. The Secretary and Correspondent, Hindu College Guntur, Guntur District. 5. The Principal, Hindu College, Guntur, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Certiorari Under Article 226 of the Constitution of India by calling for the records pertains to impugned proceedings Rc.No.1425/ Admn. 11-1/2001 dt.12-04-2012 and Memo.No.2751/CE.II - 1/2012 dt.04-04-2012 issued by the 2nd respondent in rejecting the claim of the petitioner and in not absorbing the petitioner from Un-aided lecturer in English, in English department Hindu College Guntur into existing may one aided vacant post of Lecturer in English in Hindu College Guntur which is illegal, arbitrary, discrimination and violative of Article 14,16 and 21 of the Constitution of India and the Hon'ble Court may be pleased to quash the same and consequently direct the respondents to absorb/regularize the service of the petitioner from Un-aided lecturer in English to aided existing vacant post of Lecturer in English in 4th and 5th respondents college w.e.f. 01-10-2003 in pursuance of the selection of the petitioner by five committee as per G.O.Ms.No.12, Education, dt.10-01-1992 with all consequential benefits w.e.f. 01-10-2003 by reconsidering the men same. LA, NO: 1 OF 2012fWPMP. LA, NO: 1 OF 2012fWPMP. NO: 21784 OF 20121 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 direct the respondents to absorb/regularize the service of the petitioner from Un-aided lecturer in English in Hindu College Guntur to aided existing vacant post of Lecturer in English in Hindu College Guntur with all consequential benefits w.e.f. 01-10-2003 by suspending the impugned rejection order i.e. proceedings Rc.No.1425/Admn.11-1/2001 dt. 12-04-2012 and Memo.No.2751/CE-ll-1/2012 dt.04-04- 2012 issued by the 2nd respondent in reconsidering the same. I.A. NO: 3 OF 2012rWPMP. NO: 37108 OF 20121 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 receive G.O.Ms.No.59 dt.28-08-2012 as an additional material paper in W.P.No.16978/2012 for proper adjudication of the case. LA. NO: 1 OF 2013fWPMP. NO: 10799 OF 201.^) 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 receive G.O.Ms.No.15 dt.07-03-2013 and G.O.Ms.No.16 dt. 12-03-2013 as an additional material papers in this writ petition. I.A. NO: 1 OF 2014(WPMP. NO: 6520 OF 2014) Petition under Section 148 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time granted by this Hon'ble Court in the Interim Orders dated 03.04.2013 in W.P.M.P No. 21784 of 2012 in W.P No.16978 of 2012 I.A. NO: 1 OF 2017fWPMP. NO: 21964 OF 20171 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 direct the concerned registry to post WP.No.16978 of 2012 along with connected WP.No.44398 of 2016 for proper adjudication and quick disposal. lA NO: 1 OF 2019 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 club the WP No.16978/2012 along with W.P.No.44398/201 6 and dispose off the same with a common order. Counsel for the Petitioner: SRI G. ELISHA Counsel for the Respondent Nos.1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.4 & 5:— The Court made the following: ORDER k APHC010595462012 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1697fi/?n49 [3457] Between: Nandanavanam Srinivasa Rao, Guntur District AND SherT^ Education Hyderabad 4 0th and ...RESPONDENT(S) Counsel for the Petitioner: 1.G ELISHA Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION The Court made the following: ...PETITIONER THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.16978 of 2012 ORDER: 1. The petitioner is challenging the proceedings dated 04.04.2012 issued by the 2nd respondent rejecting the claim of the petitioner and in not absorbing the petitioner into the existing aided vacant post of Lecturer in English in the 4th respondent/college and seeks a consequent direction to regularize the services of the petitioner in the existing vacancy with’effect from 01.10.2003. 2. The petitioner was initially appointed as an unaided Lecturer in English Department on 26.10.1998 in the respondents 4 and 5/college. Thereafter, the petitioner was selected by a five men selection committee vide order dated 01.10.2003. The 4th respondent vide proceedings dated 01.10.2003 sent proposals for absorbing the petitioner in the grant-in-aid post. The petitioner filed WP.No.13327 of 2001and WP.No.18153 of 2009, this Court passed a common order on 27.08.2011. WP.No. 13327 of 2001 was dismissed and this Court directed the respondents in WP.No. 18153 of 2009 to consider the proposals addressed by the 5th respondent/college dated 01.10.2003 within a period of two months. As no orders were passed, the petitioner filed a contempt case; pending disposal of the, contempt case the 1 WP.No 16978 of2012 request of Ch.Neela Krishna Veni un-aided Lecturer in Commerce, P.V. Ramu', un-aided Lecturer in Physics and Dr.P.Venugopal, un-aided Lecturer in Economics, for absorption into the aided post. The learned Government Pleader submits that the Division Bench of this Court was dealing with a batch of writ appeals, whereby the Division Bench directed the appellants(state) therein to consider each of the cases independently on their own merits and the operative portion of the judgment reads as follows ; “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 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 annexure, 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 representations UAH WP.No.16978 of 2012 i from the respondents. With these observations the writ appeals are disposed off without costs”. 5. The learned Government Pleader submits that similar orders may be passed, leaving it open to the respondents to consider the case of the petitioner. The learned Government Pleader also submits that the 4th respondent/college had surrendered the aid vide proceedings dated 08.09.2021 respondent/college was called upon to surrender their grant-in- aid in the form of surrendering all duly sanctioned aided posts along with aided staff. It .is further submitted that vide GORt.No.169, dated 01.09.2021, the 4th respondent/college transformed into a private college. and the 4th 6. The 4th respondent/college, vide proceedings dated 19.11.2021, requested the 2nd respondent to permit them to withdraw the willingness given earlier and to take back the surrendered teaching and non-teaching staff along with grant-in-aid to the college. The 1st respondent, vide proceedings dated 22.04.2022, ordered to restore the surrendered staff along with teaching and non-teaching staff and to continue the college as a private aided college. 7. Admittedly, the petitioner was working as an unaided Lecturer against an existing aided vacancy, and the 4th respondent had. WP.No.16978 of 2012 vide proceedings dated 01.10.2003 sought permission of the 1st respondent to permit the 4th respondent to absorb the petitioner as an aided vacancy. The petitioner has been discharging the role of English Lecturer; however, he has been receiving the pay of an unaided Lecturer. 8. The submission of the learned Government Pleader that the petitioner is no longer in the service of the 4th respondent/college, as such the petitioner is not entitled to seek regularization is concerned, it would be appropriate for the petitioner to submit a representation to the respondents 1 and 2 and the respondents 1 and 2 shall consider the service of the petitioner in the 4th respondent by calling for the service record of the petitioner from the 4th respondent and pass necessary orders as directed by the Division Bench of this Court in WA.No.1193 of 2023 and batch. At any rate, the petitioner is entitled for the time scale pending consideration of the petitioner's representation by the appropriate authority and passing of final orders on the representation of the petitioner. The 4*^ respondent shall extend the time scale of pay to the petitioner and pass necessary proceedings in that regard within a period of four weeks from the date of receipt of this order. WP. No. 16978 of 2012 ti 9. With the above observations, the writ petition is disposed off without costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 10. / Sd/- N. NAGAMMA ASSISTANT REGISTRAR t //TRUE COPY// SEGTON OFFICER To, 1. The Principal Secretary, Higher Education, Government of A.P., Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Collegiate Education, Vijayawada. 3. The Regional Joint Director, Higher Education, Guntur, Guntur District. 4. The Secretary and Correspondent, Hindu College, Guntur, Guntur District. 5. The Principal, Hindu College, Guntur, Guntur District. 6. One CC to Sri G. Elisha, Advocate [OPUC] 7. Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:20/02/2025 ORDER t 03 MAR 2025 g ^ . Current Section . ^ ^^s^SPATCHg:!^ WP.No.16978 of 2012 DISPOSING OF THE W.P. WITHOUT COSTS