APHC010405832017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 22422/2017 Between: 1. KANCHERLA NAGAMANI, R/O. D.NO.40-809/B, SREENIVAS NAGAR, KURNOOL -518002. A.P. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST., A.P. 2. A P STATE COUNCIL OF HIGHER EDUCATION REPRESENTED BY ITS, CHAIRMAN, VEERESHALINGAM BHAWAN, KHAIRATABAD, HYDERABAD. 3. RAYALA SEEMA UNIVERSITY REP ITS REGISTRAR KURNOOL, KURNOOL DISTRICT - 518 002, A.P. ...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 toto issue a Writ direction or writ more suitably WRIT OF MANDAMUS declaring the circular No. RU/Teaching. Estt./circular 2017 , dt. 18-05-2017 issued by the 3rd respondent as arbitrary illegal malafide and unconstitutional violating art. 14, 16 and 21 of the constitution of India and consequently set aside the circular No. RUTTeaching. Est/circular 2017 dt. 18-05-2017 as far as the petitioner is concerned and issue consequential directions restraining the respondents from replacing the petitioner with any other contract Asst. Professor/Teaching Assistants in pur:suanCe of the circular No. RU/Teaching, Estticircular.2017, dt. 18-05-2017 with a further direction to the respondents to continue the petitioner as dontract Assistant Professor till regularising her duties 2 in the newly created posts in G.O.Ms.No.33 , Higher Education (U.E.) Department dt. 30-06-2017 Counsel for the Petitioner: 1. P V VENKATESWARA RAO Counsel for the Respondent(S): 1. NIMMAGADDA VIJAYA SANTHI 2. GP FOR HIGHER EDUCATION (AP) The Court made the following: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.22422 of 2017 ORDER: The writ petition is filed under Article 226 of the Constitution of India, seeking the following main prayer:- “……..declaring the circular No. RU/Teaching. Estt./circular 2017 , dt. 18-05-2017 issued by the 3rd respondent as arbitrary, illegal malafide and unconstitutional violating Art. 14, 16 and 21 of the constitution of India and consequently set aside the circular No. RUTTeaching.Estt./circular 2017 dt. 18-05-2017 as far as the petitioner is concerned and issue consequential directions restraining the respondents from replacing the petitioner with any other contract Asst. Professor/Teaching Assistants in pursuance of the circular No. RU/Teaching, Estt./circular.2017, dt. 18-05-2017 with a further direction to the respondents to continue the petitioner as contract Assistant Professor till regularising her duties in the newly created posts in G.O.Ms.No.33, Higher Education (U.E.) Department dt. 30-06-2017…….” 2. On 12.06.2026 and 16.02.2026, there was no representation for the petitioner. Today also, none appeared for the petitioner. 3. At the time of considering the matter, Smt. N. Vijay Shanthi, learned Standing Counsel for the 3rd respondent University, fairly submits that this Court, in similar circumstances, by scanning the catena of constitutional dictums passed detailed order in W.P.No.21904 of 2017 on 31.01.2026, reported in 2026 SCC OnLine AP 404. 4. Considering the submission made and for the reasons alike, this Court is inclined to allow the writ petition with the following directions:- 4 i. The petitioner herein would be entitled to continue in his post till the post is replaced by the permanent candidate by following the due procedure established by law, subject to the availability of a sufficient number of students for the courses for which, the petitioner was appointed. ii. The respondent authorities are at liberty to issue a fresh notification inviting applications for filling up the said post on a regular/permanent basis in accordance with law. iii. It is made clear that this order shall not preclude the respondent authorities from initiating appropriate disciplinary proceedings, if any, in accordance with law. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 06.03.2026 GVK 5 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.22422 of 2017 Date: 06.03.2026 GVK 67