IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 46954 OF 2018 Between: Smt. M. Vijaya Laxmi, W/o. G.Yoganand, Aged about 42 years, Working as Associate Professor Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing at H.No.19-3-1/S 302, P and T Colony, Sripadmavathi Residency, Renigunta Road, Tirupati -517 501, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Endowment Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh. 2. The Sri Kalahasteeswara Institute of Technology (SKIT), Represented by its Chairman of Governing Body, and Commissioner of Endowments Department, Ibrahimpatnam, Vijayawada. 3. The Sri Kalahasteeswara Institute of Technology (SKIT), Represented ' by its Executive officer cum Correspondent, Srikalahasteeswara Swamivari Devasthanams, Srikalahati, Chittoor District, Andhra ' Pradesh. 4. The Principal, Sri Kalahasteeswara Institute of Technology (SKIT), Srikalahasti, Chittoor District, Andhra Pradesh. 5. Jawaharlal Nehru Technological University (JNTU), Ananthapur, Represented by its Registrar, Ananthapur. 6. Satyabhama University, rep by its Registrar, Jeppiar Nagar, Rajiv Gandhi Road, Chennai, Tamilnadu. ...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 a writ of Certiorari calling for ail the connected records including the impugned proceedings RC. No. SKIT- Recovery of excess & amount/2018 dated 07.12.2018 and quash the same as illegal, improper, “ ^unjust,\arbitrary and violative of Principles of Natural Justice and further 'declare that the petitioner is entitled to be continued as Assistant Professor in .the time scale attached to the post with all consequential benefits including monetary and seniority. f > ?•> ■ 'ti lA NO: 1 OF 2018 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 impugned proceedings RC. No. SKIT -Recovery of excess amount/2018 dated 07.12.2018 of the 3rd Respondent and by directing the respondents 3 and 4 to continue to pay the pay scales attached to the post of Assistant Professor and pending disposal of the above writ petition. lA NO: 1 OF 2019 Between: Sri Kalahasteeswara Institute of Technology (SKIT), Represented by its Principal, Sri P. Sudhakar Reddy, Srikalahasti, Chittoor District, Andhra Pradesh. ...Petitioner/Respondent No.4 in WP AND 1. Smt. M. Vijaya Laxmi, W/o. G.Yoganand, Aged about 42 years. Working as Associate Professor Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing at H.N0.19-3-1/S 302, P and T Colony, Sripadmavathi Residency, Renigunta Road, Tirupati -517 501, Chittoor District. ...Respondents/Writ Petitioner 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Endowment Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh. 3. The Sri Kalahasteeswara Institute of Technology (SKIT), Represented by its Chairman of Governing Body, and Commissioner of Endowments Department, Ibrahimpatnam, Vijayawada. The Sri Kalahasteeswara Institute of Technology (SKIT), Represented by its Executive officer cum Correspondent, Srikalahasteeswara Swamivari Devasthanams, Srikalahati, Chittoor District, Andhra Pradesh. Jav\/aharlal Nehru Technological University (JNTU), Ananthapur, Represented by its Registrar, Ananthapur. Satyabhama University, rep by its Registrar, Jeppiar Nagar, Rajiv Gandhi Road, Chennai, Tamilnadu. 5. 6. ...Respondents/Respondents 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 vacate the interim order passed in I.A.No.1 of 2018 in W.P.No.46954 of 2018 dt 27.12.2018 pending disposal of the above Writ petition. Counsel for the Petitioner: SRI K.RAMAMOHAN Counsel for the Respondents: GP FOR ENDOWMENTS Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents: SRI T. VENU GOPAL SC FOR ENDOWMENTS Counsel for the Respondents: SRI PENJURI VENU GOPAL ' SC FOR JNTUA The Court made the following order: m APHC010971902018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 46954/2018 [3396] Between: 1.SMT. M. VIJAYA LAXMI, W/0. G.YOGANAND, AGED ABOUT 42 YEARS, WORKING AS ASSOCIATE PROFESSOR SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) SRIKALAHASTI, CHITTOOR DISTRICT, ANDHRA PRADESH, RESIDING AT H.N0.19-3-1/S 302, P AND T COLONY, SRIPADMAVATHI RESIDENCY, RENIGUNTA ROAD, TIRUPATI -517 501, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENDOWMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, REPRESENTED BY ITS CHAIRMAN OF GOVERNING BODY, AND COMMISSIONER OF ENDOWMENTS DEPARTMENT, IBRAHIMPATNAM, VIJAYAWADA. 3.THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, REPRESENTED BY ITS EXECUTIVE OFFICER CUM CORRESPONDENT, SRIKALAHASTEESWARA SWAMIVARI DEVASTHANAMS, SRIKALAHATI, CHITTOOR DISTRICT, ANDHRA PRADESH. 4.THE PRINCIPAL SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, SRIKALAHASTI, CHITTOOR DISTRICT, ANDHRA PRADESH. 5.JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY JNTU, ANANTHAPUR, REPRESENTED BY ITS REGISTRAR, ANANTHAPUR. 6.SATYABHAMA UNIVERSITY, REP BY ITS REGISTRAR, JEPPIAR NAGAR, RAJIV GANDHI ROAD, CHENNAI, TAMILNADU. ...RESPONDENT(S); 2 Counsel for the Petitioner: 1.KRAMAMOHAN Counsel for the Respondent(S): 1 .T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2.GP FOR ENDOWMENTS (AP) 3.PENJURI VENUGOPAL (SC FOR JNTUA) The Court made the following: ORDER: \ This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: writ of Certiorari calling for all the connected records including the impugned proceedings RC. No. SKIT- Recovery of excess amount/2018 dated 07.12.2018 and quash the same as illegal, improper, unjust, arbitrary and violative of Principles of Natural Justice and further declare that the petitioner is entitled to be continued as Assistant Professor in the time scale attached to the post with all consequential benefits including monetary and seniority. ” Heard Sri K.G.Krishna Murthy, learned senior counsel assisted by Sri K.Rama Mohan, learned counsel for the Petitioner and Sri V.Venu Gopal, learned Senior Counsel representing Sri T.Venu Gopal, learned Standing Counsel for Sri Kalahasteeswara Institute Of Technology. Learned counsel for the Petitioner would submit that, no notice was issued to the Petitioner before ordering recovery and reducing the basic pay of the Petitioner, which is the violation of principles of natural justice. Learned counsel would further submit that Respondent No.6 is a Deemed University. It is submitted that the degree obtained by the Petitioner from Respondent No.6- Univeristy is recognized under law. .... a a 2. 3. 4 3 Learned Standing Counsel for the University fairly conceded that the 4. amount was deducted from the salary of the Petitioner without issuing any notice to her. Learned counsel would further submit that the Court may pass appropriate orders. In the present matter, Respondent No.3 issued the impugned 5. Proceedings dated 07.12.2018 ordering recovery of amount and to reduce the basic pay of the Petitioner as recommended by District Auditory for the reasons that the Petitioner has not obtained study leave while pursuing M.Tech., from Respondent No.6-University, that the degree obtained from Respondent No.6-University is not valid as per the letter issued by Respondent No.5 and that the District Auditor recommended for recovery since M.Tech., degree is not valid. 6. Admittedly, Respondent-JNTU, Anantapuramu informed vide Letter dated 19.11.2018 that the weekend M.Tech from Respondent No.6 is not valid. There is no dispute about the fact that the Petitioner herein secured M.Tech., weekend degree from Respondent No.6-University in the years 2010 and 2011. The appointment order of the Petitioner would show that, on the recommendation of the selection committee, as per the resolution of the general body, he was appointed as Assistant Professor. The Assistant Professors with B.Tech Degree has to obtain M.Tech., / M.E degree in their respective branch from a recognized University within a period of five years from their date of joining, else, they will forfeit their increments and promotions. / 4 7. In the present case, the Petitioner obtained M.Tech., from Respondent No.6 - University and secured increments from time to time. Several years thereafter, suddenly the impugned proceedings dated 07.12.2018 were issued by Respondent No.3 directing Respondent No.4 to take action for recovery of excess amount of Rs. 14,19,260/- from the Petitioner within two months from the date of the said proceedings. It is also not in dispute that, no prior notice has been issued by giving an opportunity to the Petitioner to give her version much less personal hearing. It is brought to the notice of the Court that, the issue was placed before the Standing Committee for Academic Senate held on 09.10.2019 at JNTU, Ananthapuramu in the presence of Vice Chancellor. The Registrar, JNTUA, addressed a letter to the Registrar of Respondent No.6 - University, which is extracted hereunder: 8. Prof. M. Vijaya Kumar M. Tech, Ph. D. Registrar i/c Date:31-10-2019 To The Registrar, Sathyabama Institute of Science and Technology (Deemed to be University) Jeppiar Nagar, CHENNAI 600 119. Respected Sir, Sub: Sathyabama University, Chennai Recognizing the Part-Time M.Tech. Programs of Sathyabama University, Chennai equivalent to Regular M.Tech. Programs-Reg. Letter written by the then Registrar, Sathyabama University, Chennai to The Registrar, JNTUA dated 24.09.2019. as Ref: 1. 2. Minutes of the Standing Committee for Academic Senate of JNTUA held on 9.10.2019. **** It is to inform you that vide reference (1) cited, you have requested JNTUA to consider the Part-Time M.Tech. Programs offered by Sathyabama % 5 University, Chennai as equivalent to the Regular M.Tech. Programs and Sathyabama University is not offering and has not offered earlier any weekend mode M.TECH/M.Tech. Programs. Your letter along with all the documentary evidences such as approval by AlCTE and UGC Guidelines have been submitted for perusal and approval of the Standing Committee for Academic Senate of JNTUA. The Committee has considered this item and the following resolution was made. "JNTUA will consider the M.Tech. Programmes pursued by any faculty of any affiliated College in Part-Time mode from Sathyabama Institute of Science and Technology (Deemed to be University), Chennai as equivalent to M.Tech. (Regular) programmes" Accordingly, the Part-Time. M.Tech Programmes pursued by the following faculty of SKIT, Srikalahasthi are considered as equivalent to M.Tech. (Regular) programmes. 1. Smt.G.Sarojini Devi, Assistant Professor in EEE 2. Mr.S.Narasimha Rao, Assistant Professor in EEE 3. Smt.M. Vijaya Laxmi. Assistant Professor in ECF 4. Smt. P. Uma Maheswari. Assistant Professor in ECE 5. Dr. P. Ravi Kiran. Assistant Professor in CSE 6. Sri A.Lakshmi Narayana, Assistant Professor in CSE’ \ 9. Considering the degree obtained by the Petitioner from Respondent / No.6 - University as valid, the Petitioner vyas promoted as Associate Professor vide Proceedings in Roc.No.3/teach Estt/2006 dated 30.05.2006. However, thereafter, the matter is placed before the Academic Committee and they have taken a decision and thereafter, a letter was addressed by JNTUA to Respondent No.6-University and obtained positive orders. Then, Respondent No.4 made office orders receiving the degree obtained by the Petitioner. It is also not in dispute that, no prior notice has been issued by giving an opportunity to the Petitioner to submit her version much less personal hearing. It is represented that Respondent No.3-college is not functioning since 2021. Petitioner is not working in the College as the same is defunct. 6 10. Viewed from any angle, the impugned proceedings are not sustainable since, they were issued in violation of Principles of Natural Justice. In the result, the Writ Petition is disposed of setting aside the impugned proceedings in Rc.No. SKIT- Recovery of excess amount/2018 dated However, Respondent No.3- College is at liberty to take appropriate steps, if so advised, by following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand 11. 07.12.2018. closed. Sd/- Wl SRINIVAS assistant,REGISTRAR SECTION OFFICER / //TRUE COPY// Ananthapur, Ananthapur. 6 The Registrar, Satyabhama Road, Chennai, Tamilnadu. ^t^rr^piin SS S? £ IS s“?3IS;loU ■' “• SSL p..«» To, University, Jeppiar Nagar, Rajiv Gandhi 10. [OUT] Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT] Two CD Copies 11. 12. RAM / / HIGH COURT DATED:20/03/2025 ORDER WP.No.46954of 2018 I 12 JUN 21)75 § Current 6ecuon DISPOSING THE WP WITHOUT COSTS