APHC010258682005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23421/2005 Between: 1. J.SESHACHALAPATHI, CHITTOOR DISTRICT, S/O. J. CHENGALRAYA CHETTY, H.T. NO. 503, R/O. N.B. COLONY, KONGAREDDIPALLE, CHITTOOR, CHITTOOR DISTRICT. ...PETITIONER AND 1. TIRUMALA TIRUPATHI DEVASTHANAMS 5 OTHERS, TIRUPATI, CHITTOOR DISTRICT, REP BY ITS EXECUTIVE OFFICER. 2. JOINT EXECUTIVE OFFICER, TIRUMALA-TIRUPATI DEVASTHANAMS, TIRUPATI, CHITTOOR DISTRICT. 3. DEVASTHANAM EDUCATIONAL OFFICER, TIRUMALA-TIRUPATI DEVASTHANAMS, TIRUPATI, CHITTOOR DISTRICT. 4. S V COLLEGE OF MUSIC DANCE, TIRUPATI, CHITTOOR DISTRICT. REP BY ITS PRINCIPAL 5. ESWARAIAH, FATHER'S NAME & AGE NOT KNOWN, H.T. NO. 0511, ASST. LECTURER IN NADASWARAM, S.V. COLLEGE OF MUSIC & DANCE, 6. SMT RAVI PRABHA, HUSBAND'S NAME AGE NOT KNOWN, H.T. NO. 508, ASST. LECTURER IN NADASWARAM, S.V. COLLEGE OF MUSIC & DANCE, ...RESPONDENT(S): 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 Mandamus or any other appropriate Writ, order or direction, call of the records relating to the recruitment of Asst. Lecturer and Lecturer in Nadaswaram in S.V. College of Music & Dance, Tirupati pursuant to the Notification published in the Hindu, English daily and Eenadu, Telugu daily dated 30-8-2004 and declare the action of the Official respondents in selecting the person who does not passes the minimum educational qualifications i.e. respondents 5 and 6 as Asst. Lectures and Lecturer in Nadaswaram in S.V. College of Music and Dance, Tirupati as illegal and arbitrary and violative of Articles 14, 16 and 21 of the constitution of India and also contrary to the Service Rules contemplated for the employees of TTD issued in GO Ms.No. 1060, Revenue (Endts.I) Dept., dated 24-10-2989 and consequently direct the respondents to consider the condidsture of the petitioner for appointment to the post of Ass. Lecturer/Lecturer in Nadaswaram in S.V. College of Music and Dance, Tirupati and pass such other or further orders as are deemed fit and proper IA NO: 1 OF 2005(WPMP 30051 OF 2005 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 stay all further proceedings pursuant to the Notification published in the Hindu, English daily and Eenadu, Telugu daily dated 30-8-2004 for appointment of Lectuers/Asst. Lecturer in Nadaswaram and other faculties in 4th respondent college including the appointment of the respondents 5 and 6 as Asst. Lecturer and Lecturer in Nadaswaram, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. J SUDHEER Counsel for the Respondent(S): 1. . 2. V.DYUMANI (SC for TTD) The Court made the following order: Aggrieved by the action of official respondents in selecting respondent nos.5 & 6 as Assistant Lecturer and Lecturer in Nadaswaram without having minimum educational qualifications in S.V.College of Music & Dance, Tirupati, the present writ petition is filed. 2. Heard Sri J.Sudheer, learned counsel for the petitioner and Smt V.Dyumani, learned Standing counsel for TTD. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that pursuant to issuance of G.O.Rt.No.101 dated 20.01.1992, a notification published in news papers dated 30.08.2005 for recruitment of Assistant Lecturer and Lecturer in Nadaswaram in S.V.College of Music & Dance, Tirupati and the authorities have appointed respondent nos.5 & 6 without having minimum educational qualifications contrary to the notification itself and service rules of TTD employees and further not considered the petitioner’s case though having requisite qualifications for the said posts. He further submitted that earlier, this matter was heard at length by the coordinate bench of this Court and the respondent counsel on instructions stated that the official respondents agreed to consider the petitioner’s case for the post of Assistant Lecturer/Lecturer, to which he is suitable in Nadaswaram in respondent college. Now that the 5th respondent had died and the post is vacant, the respondents can consider the petitioner’s case keeping in view his requisite qualifications. Accordingly prayed to pass appropriate orders in that regard. 4. On the other hand, learned standing counsel on counter submitted that as the petitioner did not get required marks, he was not selected for the said posts. However, if the rules permit, they would consider the petitioner’s case. As such prayed to pass appropriate orders in that regard. 5. Perused the record and considered the submissions of both the learned counsel. 6. It is not in dispute that G.O.Rt.No.101 dated 20.01.1992 was issued by the Government for recruitment of Assistant Lecturer and Lecturer in Nadaswaram in S.V.College of Music & Dance, Tirupati and a notification to the said effect was published in the newspapers on 30.08.2005. Now the contention of the petitioner is that the though the petitioner is having requisite qualifications for the said posts he was not considered. Instead, respondent nos.5 & 6 were selected without having minimum qualifications. 7. Now the petitioner while restricting his relief contended that the 5th respondent is no more and his place fell vacant and the petitioner’s case can be considered and sought order in that regard. As the respondents are willing to consider the petitioner’s case in accordance with law, this Court, is inclined to dispose of the writ petition without going into merits and demerits of the case with the following direction: “The petitioner shall submit a representation to the concerned official respondents. On such representation, the official respondents are directed to consider the case of the petitioner for the post of Assistant Lecturer/Lecturer, to which he is suitable, in Nadaswaram in S.V.College of Music and Dance, Tirupati and pass appropriate order within eight(08) weeks therefrom in accordance with law and rules in vogue. The petitioner can raise all the grounds before 1st respondent that are raised before this Court for consideration.” Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications pending if any shall stand closed. ______________________ RAVI CHEEMALAPATI, J BRS