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2026 DAILYLAW 22300 (AP)

Dr. T Md Ismail v. J S Venkateswara Prasad

CC/1650/2021 · 2026-01-06

Gannamaneni Ramakrishna Prasad

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Judgment text

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APHC010343472021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA CONTEMPT CASE Between: 1. DR. T MD ISMAIL, S/O T ABDUL SAMMAD AGED 40 YEARS, LECTURER IN TELUGU, DANTULURI NARAYANA RAJU COLLEGE (DNR COLLEGE) BHIMAVARAM, WEST GODAVARI, ANDHRA PRADESH. 1. J S VENKATESWARA PRASAD, I A S THE DEPARTMENT OF HIGHER EDUCATION GROUND FLOOR, BUILDING NO. 2, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. M M NAYAK, S/O NOT KNOWN, AGE NOT KNOWN, THE COMMISSIONER AND DIRECTOR OF COLLEGIATE EDUCAT VIJAYAWADA, ANDHRA PRADESH. 3. SRI KONA SASIDHAR IAS, THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GROUD FLOOR BUILDING NO 2 A P SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT ANDHRA PRADESH 4. DR NARAYANA BHARATH GUPTA IAS, TH DIRECTOR OF COLLEGIATE EDUCATUION VIJAYAWADAM ANDHRA PRADESH RR3 AND 4 ARE AMENDED AS PER COURT ORDER DATED 04 04 2025 VIDE I A NO 2 OF 2021 IN CC NO 1650 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 1650/2021 DR. T MD ISMAIL, S/O T ABDUL SAMMAD AGED 40 YEARS, LECTURER IN TELUGU, DANTULURI NARAYANA RAJU COLLEGE (DNR COLLEGE) BHIMAVARAM, WEST GODAVARI, ANDHRA ...PETITIONER AND J S VENKATESWARA PRASAD, I A S THE PRINCIPLE SECRETARY, DEPARTMENT OF HIGHER EDUCATION GROUND FLOOR, BUILDING NO. 2, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. M M NAYAK, S/O NOT KNOWN, AGE NOT KNOWN, THE COMMISSIONER AND DIRECTOR OF COLLEGIATE EDUCAT VIJAYAWADA, ANDHRA PRADESH. SRI KONA SASIDHAR IAS, THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GROUD FLOOR BUILDING NO 2 A P SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT ANDHRA PRADESH DR NARAYANA BHARATH GUPTA IAS, THE COMMISSIONER AND DIRECTOR OF COLLEGIATE EDUCATUION VIJAYAWADAM ANDHRA PRADESH RR3 AND 4 ARE AMENDED AS PER COURT ORDER DATED 04 04 2025 VIDE I A NO 2 OF 2021 IN CC NO 1650 IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA DR. T MD ISMAIL, S/O T ABDUL SAMMAD AGED 40 YEARS, LECTURER IN TELUGU, DANTULURI NARAYANA RAJU COLLEGE (DNR COLLEGE) BHIMAVARAM, WEST GODAVARI, ANDHRA ...PETITIONER PRINCIPLE SECRETARY, DEPARTMENT OF HIGHER EDUCATION GROUND FLOOR, BUILDING NO. 2, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, M M NAYAK, S/O NOT KNOWN, AGE NOT KNOWN, THE COMMISSIONER AND DIRECTOR OF COLLEGIATE EDUCATION, SRI KONA SASIDHAR IAS, THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GROUD FLOOR BUILDING NO 2 A P SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR E COMMISSIONER AND DIRECTOR OF COLLEGIATE EDUCATUION VIJAYAWADAM ANDHRA PRADESH RR3 AND 4 ARE AMENDED AS PER COURT ORDER DATED 04 04 2025 VIDE I A NO 2 OF 2021 IN CC NO 1650 2 OF 2021 ...CONTEMNOR(S): Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Contemnor(S): 1. K V RAGHU VEER 2. RAMA CHANDRA RAO GURRAM The Court made the following: ORAL ORDER: Heard Ms. Kota Krishna Deepti, learned Counsel representing Sri Jada Sravan Kumar, learned Counsel for the Petitioner, Sri K.V. Raghu Veer, learned Counsel for Respondent No.2 and Sri Adinarayana, learned Counsel representing Sri Ramachandra Rao Gurram, learned Counsel appearing for the Respondent Nos.3 & 4. 2. The present Contempt Case is filed complaining of non-compliance of the Common Order passed by this Court in W.P. Nos.7789 of 2012 and batch, dated 20.12.2018. 3. The present Contempt Petitioner is arrayed as Writ Petitioner No.2 in W.P. No.39531 of 2012, which is also part of the same batch. 4. The Operative portion of the Common Order of this Court dated 20.12.2018 is usefully extracted hereunder: “21. Therefore, all these Writ Petitions are allowed. The orders rejecting absorption in aided posts passed by the Commissioner and Directorate of Collegiate Education, Andhra Pradesh in the case of the petitioners are set aside; and the State of Andhra Pradesh and the Commissioner of Collegiate Education are directed to absorb the petitioners in the aided posts of Lecturers in the respective private Managements with all consequential benefits.” 3 5. Learned Counsel appearing for the Respondents has submitted the Proceedings issued by the Principal of Dantuluri Narayana Raju College, dated 25.10.2025. The important contents of the said Proceedings would indicate that the Petitioner herein (M.Sc., B.Ed., and Ph.D.) joined the said College on 01.08.2002 as an Ad hoc Lecturer in Zoology in un-aided section. The Petitioner worked in the College from 01.08.2002 to 28.10.2014. Later, the Petitioner applied for lean for about six years, from 28.10.2014 to 27.10.2020. The lean period expired on 27.10.2020. However, after the expiry of the said lean period, the Petitioner did not join regular duties in Dantuluri Narayana Raju College, since the Petitioner has been working as a Post Graduate Teacher in Government Model School, Rudravaram, Kurnool District. 6. The Order of Absorption into the Aided Post was passed by this Court way back on 20.12.2018. The Petitioner herein, with complete knowledge that an Order had been passed in his favour, did not choose to join Dantuluri Narayana Raju College for the purpose of taking benefit of the Order of this Court dated 20.12.2018. 7. The Proceedings of the said College dated 25.10.2021, which were submitted by the learned Counsel for the Respondents, would indicate that for almost a period of 26 months after the Order was passed by this Court, the Petitioner did not evince any interest in joining Dantuluri Narayana Raju College. Only on 16.09.2021, the Petitioner filed the present Contempt Case. Being hit by limitation, this Court notices that the Petitioner consciously did not choose to join Dantuluri Narayana Raju College for availing the benefit of the Order of this Court dated 20.12.2018. 8. In this view of the matter, this Court finds that there is no merit in the Contempt Case. 9. Accordingly, the Contempt Case is dismissed. No order as to costs. 4 10. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 07.01.2026 DSV 5 67 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 1650/2021 07.01.2026 DSV 6