Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010497232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27230/2026 Between: 1. NARAYANA THOTA, S/O. CHINNA KONDAIAH TFJBTA, AGED ABOUT 40 YEARS, R/O. D.NO. 1-113, ALLINAGARAM, KOMAROLU MANDAL, MARKAPURAM DISTRICT- 523373 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY HIGHER EDUCATION DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH- 522238 2. THE COMMISSIONERATE OF HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH REPRESENTED BY COMMISSIONER GARUDADRI KK TOWERS, SRILAKSHMI NARASIMHA COLONY MANGALAGIRI, GUNTUR DISTRICT-522503 2 3. VIKRAMA SIMHAPURI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, NELLORE - 524324 4. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KAKINADA- 533003 ...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 toissue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondents, specifically respondents no. 3 and 4 in rejecting writ petitioner's recruitment applications for the post of Associate Professor for the subject of Physics under Notification No. 4A/SU/Associate Professors/Regular/2026, Dt. 15.05.2026 and Notification no. 4/JNTUK/Assoc. Prof. and Professor/Regular/2026, Dt. 15.05.2026 respectively on ground of 'lack of essential requirements under notification' and 'Less than 8 years of qualifying teaching experience inspite of satisfying the prescribed qualifications in the notifications for recruitment, in violation of G.O. Ms. No. 20, Higher Education (UE) Department, dt. 28.06.2023 and UGC Regulations are illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents no. 3 and 4 to consider the writ petitioner's application for recruitment to the post of Associate Professor for the subject of Physics as under their respective notifications IA NO: 1 OF 2026 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 direct the Respondents no. 3 and 4 to permit the writ petitioner to participate in interview process in the respective notifications, pending the disposal of the writ petition 3 Counsel for the Petitioner: 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No. 27230 of 2026 O R D E R: The present writ petition is filed questioning the action of the Respondent Nos.3 and 4 in rejecting the Petitioner's application for the post of Associate Professor (Physics) under the Notification No.4/VSU/Associate Professors/Regular/2026, dated 15.05.2026 as unsustainable. 2. Petitioner is having Degree of Bachelor of Science in Mathematics, Physics and Computer Science from Sri Krishnadevaraya University, Masters of Science and Physics from Sri Venkateswara University and Ph.D in Physics at Yogi Vemana University on ‘Photovoltaic Materials-Development of Earth Abundant Copper Zinc Tin Sulfide (CZTS) Thin Film Absorber and Heterojunction Solar Cells’ under UGC Regulations. It is stated that the Petitioner also worked in Indian Institute of Technology (IIT), Delhi from 24.08.2016 to 09.10.2018 and thereafter worked in Indian Institute of Sciences, Bangalore from 10.10.2018 to 39.2021 as DST inspire faculty, which is equal to Assistant Professor. The Petitioner also worked in the National Institute of Technology, A.P. from 01.10.2021 to 10.06.2024 (2 5 years, 8 months, 9 days) as DST inspire Faculty equivalent to Assistant Professor. Thereafter, Petitioner worked in Hong Kong University of Science and Technology, Hong Kong from 17.06.2024 to 31.12.2025. Petitioner was working in Vellore Institute of Technology, A.P. from 07.01.2026 till date as Associate Professor. 3. In view of the notification issued for appointment to the post of Associate Professor vide notification dated 15.05.2026, Petitioner had applied for the post of Associate Professor (Physics). Vide impugned proceedings dated 15.05.2026, the application of the Petitioner was rejected on the ground of lack of essential requirements under the notification and less than eight (8) years of qualifying teaching service. 4. Sri G.Ramchandra Rao, learned standing counsel for the Respondents, on instructions, would submit that the Petitioner’s work at Indian Institute of Sciences, Banglore from 10.10.2018 to 30.09.2021 is not in dispute and the doubt entertained by the Respondent-authorities is only with regard to the nature of engagement in IIT, Delhi as a Researcher on contractual basis for the period from 24.08.2016 to 09.10.2018 and similar is the doubt 6 with regard to the nature of engagement as Researcher in Hong Kong University from 17.06.2024 to 31.12.2025. Learned counsel further submits that the pay of the Petitioner match the requirement for being considered for appointment as Associate Professor in terms of UGC regulations. It is further submitted that in the work period at IIT Delhi, it is mentioned that the Petitioner was working on sponsored research projects under the supervision of the Professor Bodh Raj Mehta, PI Department of Physics. Learned counsel further submits that the Petitioner can produce the nature of the employment i.e., whether the employment is by IIT Delhi or with the Professor for the sponsored project. On similar lines, if the Petitioners would substantiate the nature of engagement as Research Associate Professor in Hong Kong University, the Respondents would re- examine the candidature of the Petitioner for consideration for appointment as Associate Professor. 5. In response, learned counsel for the Petitioner would submit that the notification only requires an individual to be a Research Associate, to be involved in research and it does not distinguish whether it is a sponsored research or otherwise. 7 6. Heard Sri K.V.Raghuveer, learned counselfor the Petitioner and learned standing counsel Sri G.Ramachandra Rao, for Respondents. 7. As it is submitted that the Respondents are willing to re- examine the candidature of the Petitioner for the post of Associate Professor (Physics), subject to submission of relevant documents, the writ petition is disposed of with the following directions: (i) The Petitioner shall submit the relevant documents and certificates with reference to his period of service at IIT Delhi from 24.08.2016 to 09.10.2018 and in the Hong Kong University of Science and Technology, Hong Kong from 17.06.2024 to 31.12.2025. (ii) The decision of the authorities are to be communicated to the Petitioner within a period of two weeks from the date of submission of the documents by the Petitioner. (iii) The contention of the Petitioner that the notification does not make any distinction between Research Associate under 8 sponsored projects or otherwise is left open to be urged in an independent writ petition. (iv) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 23.09.2026 KLP