IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 42572 OF 2022 Between: Khan Khaja Rabbani, S/o. Jilani Khan (late), Aged about 31 years, working as Junior Lecturer in Commerce, Smt.Pydah Andallamma Junior College, Kakinada. East Godavari District. R/o. D.No.3-16A-21, Burma Colony, Kakinada, East Godavari District - 533 003. Batchala Srivani, D/o. B.Sathi Raju (late) Aged about 31 years, working as Junior Lecture in Telugu, R/o. D.No.8-7-19, Near Bommala Gudi, Old Pedapuram Mandal, East Godavari District, (Presently Kakinada District-533 437. Savarapu Srinu Babu, S/o Suryarao, Aged about 32 years, working as Junior Lecturer in Civics, R/o H.No.1-45, Pathalladibba village, Bheemamapalli post, Uppalaguptam mandal. East Godavari District-533 222. (presently Konaseema District). 1. 2. 3. ...Petitioners AND The State of Andhra Pradesh, represented by its Principal Secretary, Higher Education (CE) Department, Secretariat Buildings, Velagapudi, Guntur District. 1. The Commissioner of Intermediate Education, State of A.P. Guntur. The Regional Joint Director of Intermediate Education, Rajahmundry, East Godavari District. 2. 3. 4. The Correspondent, Smt.Pydah Andallamma Junior College Opp.Anand Theater, Kakinada. ...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 declare the action of the respondent authorities in not passing any orders on the representation of the petitioners to continuing their services as Junior Lecturers either on contract basis or on guest faculty as the petitioners are having 05 to 09 years and not issuing any preferential order for appointments on contract or guest faculty by not giving preference to the petitioners as illegal, arbitrary, discriminatory and violation of Articles 14,16, 19 and 21 of the Constitution of India and consequently direct the respondents Authorities to consider the cases of the petitioners for appointment as Junior Lecturers either on contract basis or on guest faculty by considering -the service rendered by the petitioners i.e, 5 to 9 years before appointing any lecturers neither on contract nor on guest faculty duly giving preference to the petitioners. lA NO: 1 OF 2022 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 Authorities to issue necessary orders by considering the cases of the petitioners for appointment as Junior Lecturers either on contract basis or on guest faculty in view of the past services before appointing any lecturers neither on contract nor on guest faculty duly giving preference to the petitioners pending disposal of the writ petition. Counsel for the Petitioner: SRI. K SATYANARAYANA MURTHY Counsel for the Respondent Nos. 1 to 3: GP FOR SERVICES II Counsel for the Respondent No. 4; SRI CHANDRAIAH SUNKARA The Court made the following order: APHC010722052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 42572/2022 Between: Khan Khaja Rabbani and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1.CHANDRAIAH SUNKARA 2.GP FOR SERVICES II The Court made the following: ...RESPONDENT(S) ORDER;- Heard Sri K.Satyanarayana Murthy, learned counsel for the petitioners, learned Government Pleader for Services II and Sri Chandraiah Sunkara, learned counsel appearing for the 4“^ respondent. 2. The writ petition is filed for a direction to the respondents to continue their services on contractual basis or as a guest faculty in any of the Government Junior Colleges. It is stated that on account of policy decision taken by the 3. Government in 2021 for surrender of the private aided educational institutions, . -A 2 who would be voluntarily willing to surrender all the sanctioned aided posts along with aided staff, the 4'*" respondent college has surrendered the sanctioned aided posts along with aided staff, transforming the 4^*^ respondent as a private institution and after its surrender it did not take any fresh admissions. Therefore, the petitioners submitted representations to consider their cases for appointment on contract basis or as a guest faculty in any of the Government Junior Colleges. Since the same The same resulted in was not considered, filed the instant writ petition. The respondents filed counter stating that the petitioners were 4. engaged on temporary basis by the management of the 4*'^ respondent as part-time lecturers on consolidated pay without obtaining prior permission and without following due procedure of selection. As they were engaged on temporary basis, the salaries were paid to them from the management funds. not from the Government funds. Government did not give permission to engage, fresh contract faculty since 2012-13 to till date. However, renewed the existing contract faculty/guest faculty working in Government Junior Colleges. The learned counsel for the petitioner relies on a decision of 5. Division Bench of this Court in W.A.No.1193 of 2024 and batch and requests for passing of the similar order in the case. 6. Considered the rival submissions. Perused the record. The Division Bench of this Court in 7. W.A.No.1193 of 2024 and batch, observed that there cannot be any omnibus '•n IP> direction be issued for absorption of the appellants (in Writ Appeal). Each case has to be considered duly taking into consideration their terms of Thus, directed the appellants in the writ appeal to submit employment, applications individually along with relevant annexures and upon such submission, appropriate orders were directed to be passed in a time bound manner. Having regard to the same, this court deems it appropriate to dispose of the writ petition in terms of the order passed in W.A.No.1193 of 2024 and batch granting liberty to the petitioners to make individual applications to the respondents. 9. With the above observations, the writ petition is disposed of, in terms of W.A.No.1193 of 2023 and batch. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand 8. closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //true copy// ' SECTION OFFICER To, State of Higher Education (CE) Department Veiagapudi, Guntur District. State of A.P. Guntur. Education, Rajahmundry 1 The Principal Secretary Pradesh, Secretariat Buildings Andhra of Intermediate Education 2. The Commissioner Regional Joint Director of Intermediate 3. The East Godavari District. Junior College, 4. The Correspondent, Smt.Pydah Andallamma Opp.Anand Theater, Kakinada. Murthy Advocate [OPUC] Sunkara Advocate [OPUC] 5. One CC to Sri. K Satyanarayana 6. OneCCto Sri. Chandraiah ♦ m 7. Two CCs to GP for Services II, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC / - !, V' - HIGH COURT DATED:02/04/2025 ORDER WP.No.42572 of 2022 DISPOSING THE WP WITHOUT COSTS