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High Court of Andhra Pradesh · body

2025 DAILYLAW 45990 (AP)

M. RAGHAVA NAIDU v. CHAIRMEN, S.V.H. COLLEGE OF ENGG. & 4 ORS.

WP/30163/2016 · 2025-08-13

Maheswara Rao Kuncheam

body2025

Judgment text

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% APHC010473342016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30163 OF 2016 Between: Raghava Naidu, S/o Haranadh Babu, Aged about 43 Years, Occ. Professor MCA Department, O/o DMS. S.V.H. College of Engineering, Machilipatnam, Krishna District. M. ...Petitioner AND Chairman of DMS.S.V.H. College of Engineering, Machilipatnam, 1. The Krishna District. 2. The Principal, DMS. S.V.H. College of Engineering, Machilipatnam Krishna District. 3. The Commissioner of Higher Education Andhra Pradesht at Hyderabad. 4. The State of Andhra Pradesh represented by its Principal, Secretary, Higher Education Department, A.P. Secretariat at Hyderabad. All India Counsel for Technical Education AlCTE, Andhra Pradesh South Central Regional Office, Masabtank, Hyderabad, represented by Its Regional Officer. 5. The at ...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 0^^, ' lx ’ plea^sed’ toto issue a Writ, Order or Orders more particularly one in the nature “Writ of Mahdamus declaring that the petitioner is eligible and entitle for absorptloa/transfer in the existing vacancies of Professor posts in the Department of Computer Science Engineering under the control of the / very same 1st respondent management basing upon the petitioner's length of service rendered from year 1999 onwards till date under the control of the 1st K respondent management with all consequential benefits including back wages for the working period and the arbitrary action of the respondents in discontinuing the petitioner from service without any written orders and without any notice and opportunity is as illegal, void and unconstitutional, by holding the action of the respondents in not absorbing /transferring the petitioner's services as a Professor in the existing vacancies available under the control of the respondent management itself and discontinuing the petitioner from service without any notice and opportunity is discriminatory and subversive of Articles 14,16 & 21 of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. illegal, arbitrary. illegal, arbitrary. as lA NO: 1 OF 2016tWPMP 37311 OF 2016 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 continue the petitioner's in service as a Professor in the Department of Computer Science & Engineering of the 1st respondent College or alternatively to reserve (1) post of Professor in the department of Computer Science and Engineering Counsel for the Petitioner: CH JAGANNATHA RAO Counsel for the Respondent No.1: NONE APPEARED Counsel for the Respondent No.2: A VEERASWAMY Counsel for the Respondent No.5:K RAMAKANTH REDDY Counsel for the Respondent Nos.3,4: GP FOR HIGHER EDUCATION (AP) The Court made the following order: I 1 APHC010473342016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30163 OF 2016 THE Between: 1. M. RAGHAVA NAIDU, S/o Professor MCA Department, Machilipatnam, Krishna District. Haranadh Babu, Aged about 43 Years, Occ; 0/0 DMS. S.V.H. College of Engineering, ...Petitioner AND 1 CHAIRMEN of DMS, S.V.H.COLLEGE of Engineering, Machilipatnam, Krishna District. 2. The Principal, DMS S.V.H.College of Engineering, Machilipatnam, Krishna District. 3. The Commissioner of Higher Education, Andhra Pradesh at Hyderabad. 4. The State of Andhra Pradesh represented by its Principal Secretary, Higher Education Department, A.P. Secretariat at Hyderabad. 5. The All India Counsel for Technical Education (AlCTE), South Central Regional Office, Masabtank, Hyderabad, represented by its Regional Officer. ...Respondents 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may be Petition under Article circumstances stated in the i 2 pleased to issue, a Writ, Order or Orders more particularly one in the nature Writ of Mandamus declaring that the petitioner is eligible and entitle for absorption/transfer in the existing vacancies of Professor posts in the Department of Computer Science Engineering under the control of the very same 1st respondent management basing upon the petitioner's length of service rendered from year 1999 onwards till date under the control of the 1st respondent management with all consequential benefits including back wages for the working period and the arbitrary action of the respondents in discontinuing the petitioner from service without any written orders and without any notice and opportunity is as illegal, void and unconstitutional, by holding the action of the respondents in not absorbing /transferring the petitioner's services as a Professor in the existing vacancies available under the control of the respondent management itself and discontinuing the petitioner from service without any notice and opportunity is as illegal, arbitrary, discriminatory and subversive of Articles 14,16 & 21 of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: CH JAGANNATHA RAO Counsel for the Respondents: P.A.N.V.RAVI TEJA, representing AVEERASWAMY Counsel for the Respondents: K RAMAKANTH REDDY Counsel for the Respondents: GP FOR HIGHER EDUCATION (AP) The Court made the following order: 3 % HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.30163 of 2016 ORDER: The instant writ petition has been filed by the petitioner seeking the I following main relief: "to issue, a Writ, Order or Orders more particularly one in the nature Writ of Mandamus declaring that the petitioner is eligible and entitle for absorption/transfer In the existing vacancies of Professor posts in the Department of Computer Science Engineering under the control of the very same 1st respondent management basing upon the petitioner's length of service rendered from year 1999 onwards till date under the control of the 1st respondent management with all consequential benefits including back wages for the working period and the arbitrary action of the respondents in discontinuing the petitioner from service without any written orders and without any notice and opportunity is as illegal, void and unconstitutional, by holding the action of the respondents in not absorbing /transferring the petitioner's services as a Professor in the existing vacancies available under the control of the respondent management Itself and discontinuing the petitioner from service without any notice and opportunity is as ittegal, arbitrary, discriminatory and subversive of Articles 14,16 & 21 of the Constitution of India and to pass ” ) On 07.08.2025, no representation for the petitioner. Today also listed under the caption of ‘dismissal’, none 2. though the matter is represented the petitioner. Conversely, learned counsel for respondents 1 and 2 is present and he submits that after termination of the petitioner respondent CoHege, the petitioner got employment in Krishna from 1 University. 3. Apparently, on the last occasion and today, there i It seems that the petitioner is not IS no representation for the petitioner, evincing any interest to prosecute the matter. 4 In these circumstances, the writ petition is dismissed for default. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. 4. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, . GH JAGANNATHA RAO Advocate [OPUC] 1. OneCCto SRI 2. OneCCto SRI. A VEERASWAMY Advocate [OPUC] K RAMAKANTH REDDY Advocate [OPUC] education (AP) High Court of 3. OneCCto SRI 4. Two CCs to Andhra Pradesh [OUT] GP FOR HIGHER 5. Two CD Copies. AL HIGH COURT DATED:14/08/2025 ORDER WP NO. 30163 OF 2016 2 3 OCT 2)25 rrentSecUi^ •T'C3 DISMISSING THE W.P. FOR DEFAULT, WITHOUT COSTS