Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010179982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9905/2026 Between: 1. A KRISHNA CHAITANYA, S/O A. RANGA RAO, AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, FLAT NO. 309, 4TH FLOOR, C BLOCK, GREEN MEADOWS, GANESH NAGAR, TADEPALLIGUDEM 2. DR. TAPAS PARAMANIK,, S/O LATE DILIP KR.PARAMANIK, AGED ABOUT 38 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL-11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 3. DR. SUDARSHAN DHUA,, S/O CHITTARANJAN DHUA, AGED 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL-11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 4. DR. KIRAN TEEPARTHI,, S/O LATE SATYANARAYANA AGED ABOUT 38 YEARS, OCC ASSISTANT 2 PROFESSOR GRADE-II AND LEVEL- 10, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 5. DR. J.KRISHNAMURTHY,, S/O J.PADMAVATHAMMA, AGED ABOUT 43 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 6. DR. JAYARAM NAKKA,, S/O C.CHITTIBABU, AGED ABOUT 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-I AND LEVEL- 12, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 7. DR. VINOTH KUMAR RAJA,, S/O RAJA MURUGAIYAN, AGED ABOUT 37 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 8. DR. KIRAN KUMAR GURRALA,, S/O VENKATESWARA RAO AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 9. DR. RAMUDU MACHAVARAPU,, S/O LATE VENKATA RAO AGED ABOUT 44 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, 3 TADEPALLIGUDEM 10. DR. M.AMARENDAR REDDY,, S/O M.GOPAL REDDY, AGED ABOUT 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 11. DR. NARASIMHA RAO BANAVATHU,, S/O LACHADRI, AGED ABOUT 38 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 12. DR. SEENIVASAN,, S/O AYOTHIRAMAN, AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-I AND LEVEL- 12, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 13. DR.TINGIRKARI JAGAN MOHAN RAO,, S/O LATE T NARSING RAO AGED ABOUT 45 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 14. DR. THELLA BABU RAO,, S/O YESUDAS, AGED ABOUT 40 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 15. DR. SANTHOSH KUMAR GUGULOTHU,, S/O G.NARAYANA, AGED ABOUT 37 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, 4 BLOCK B FLAT NO 401, MOKKARALA GREEN MEADOWS, NEAR GANESH TEMPLE, GANESH NAGAR, TADEPALLIGUDEM 16. DR. NAGESH BHATTU SRISTY,, S/O S.L.KUMARA SARMA, AGED ABOUT 47 YEARS, OCC ASSISTANT PROFESSOR GRADE-I AND LEVEL 12, D.NO. 1-119, 0PP. GOLLAGUNTA LAKE, AMALAPURAM, TADEPALLIGUDEM, WG DISTRICT 17. DR. RAJESWARA REDDY ERVA,, S/O ROSI REDDY ERVA, AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, H.NO.7-28, ROAD 1, TIRUMALA SAI NAGAR, CHINATADEPALI VILLAGE, TADEPALLIGUDEM, WG DISTRICT. 18. DR. SURENDRA H.MAHADEVEGOWDA,, S/O LATE MAHADEVEGOWDA, AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL-10, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 19. DR. SUDARSHANA DEEPA VIJAY KUMAR,, D/O VIJAY KUMAR AGED ABOUT 45 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 20. DR. TEJAVATHU RAMESH,, S/O BHEEMLA, AGED ABOUT 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, FLAT NO. 21, GSR GREEN CITY, 0PP. HANUMAN STATUE, AMALAPURAM, PENTAPADU MANDAL, WG DISTRICT 21. DR. SRILATHA CHEBROLU,, D/O DR.CHEBROLU PRASADA RAO AGED ABOUT 43 YEARS, OCC 5 ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 22. DR. SHARAD DWIVEDI,, S/O OM PRAKASH DWIVEDI, AGED ABOUT 36 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, G1 A BLOCK, GREEN MEADOWS APARTMENTS, GANESH NAGAR, TADEPALLIGUDEM 23. DR. RAFFI MOHAMMED,, S/O SHAIK MADEENA, AGED ABOUT 38 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, 3-5-23, SRI SITARAMA NILAYAM, DEFEDAR STREET, SUBBARAOPETA, TADEPALLIGUDEM 24. DR. SRI PHANI KRISHNA KARRI,, S/O SRINIVAS KARRI, AGED ABOUT 38 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, D.NO.16-42- 11/1, PARK ROAD, NGO COLONY, TANUKU 25. DR. SANKAR PEDDAPATI,, S/O RAMA MOHANA RAO, AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 26. DR. V.SANDEEP,, S/O V.SRINIVASULU, AGED ABOUT 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-I AND LEVEL- 12, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 27. DR. BARANIDHARAN SUNDARAM,, S/O P.SUNDARAM, AGED ABOUT 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, NATIONAL 6 INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 28. DR. R.SUNIL KUMAR,, S/O R.SURYANARAYANA, AGED ABOUT 41 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, FLAT NO. 201, SAI LAKHSINI RESIDENCY, FCI COLONY, ROAD 18, TADEPALLIGUDEM 29. DR. SHAIK MAHABU SUBHANI,, S/O SHAIK ESUB AGED ABOUT 36 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, MMM BLOCK ROOM NO. 135, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM 30. DR. T.KARTHIKEYA SHARMA,, S/O T.VENKATARAMANA, AGED ABOUT 40 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 11, H.NO.1-13-23/1, FCI COLONY, ROAD NO.4, NEAR GAYATRI PLAZA, TADEPALLIGUDEM, WG DISTRICT 31. DR. J.N.V.PRATHYUSHA,, W/O T.KARTHIKEYA SHARMA, AGED ABOUT 34 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, H.NO.1-13- 23/1, ROAD NO.4, FCI COLONY, TADEPALLIGUDEM 32. DR. HYMAVATHI MADIVADA,, W/O DR.PHANI KUMAR MALLISETTY AGED ABOUT 39 YEARS, OCC ASSISTANT PROFESSOR GRADE-II AND LEVEL- 10, D.NO.4-21-958/1, BHARGAVA SRI NILAYAM, NEAR SATYA SAI MANDIR, DS CHERVU 33. DR. VEERESH KUMAR G.B,, S/O BASAVARAJA G.B, AGED ABOUT 48 YEARS, OCC ASSISTANT PROFESSOR GRADE-I AND LEVEL- 12, H.NO. 14-34- 1/4, VIDYUT COLONY, NEAR KONDAIAH CHERUVU, 7 TADEPALLIGUDEM 34. DR.HIMA BINDU KOMMANTI,, W/O GOPALRAO TUMALAPALLI, AGED ABOUT 48 YEARS, OCC ASSISTANT PROFESSOR GRADE-I AND LEVEL- 12, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM ...PETITIONER(S) AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EDUCATION, NEW DELHI. PIN-110001. 2. BOARD OF GOVERNORS, NATIONAL INSTITUTE OF TECHNOLOGY ANDHRA PRADESH, NEAR NATIONAL HIGHWAY 216A, KADAKATIA, TADEPALLIGUDEM - 534 101, W.G.DISTRICT REP. BY ITS CHAIRPERSON, BOARD OF GOVERNORS (BOG). PIN 534101. ...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 topleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus (a) direct the Respondents to forthwith declare the withheld results of the selection process conducted pursuant to advertisement No. NITANP/OGRT/2023-24/FR/806, dt. 11.10.2023 in regard to the petitioners (b) further consequently direct the Respondents to grant the movement to higher grade pay/ level to all the eligible Petitioners with retrospective effect from the date of declaration of results to the candidates given appointments at the entry level i.e. with effect from 15.09.2024 with all consequential benefits including the arrears of pay and seniority and pass 8 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 may be pleased to direct the Respondents to declare the withheld results of the petitioners who appeared for the selection process for higher-grade pay/ level pursuant to clause (5) schedule 'E' of NIT Statute as specified in advertisement No. NITANP/OGRT/2023-24/FR/806, dt. 11.10.2023, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. M SRIKANTH Counsel for the Respondent(S): 1. KANUKOLANU SRI SAI SANJAY 2. The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 9 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.9905 of 2026 O R D E R: This Writ Petition is filed to direct the Respondents to declare forthwith the withheld results of the selection process conducted pursuant to advertisement No. NITANP / OGRT / 2023-24 / FR / 806, dated 11.10.2023 of the Petitioners and grant the movement to a higher grade pay level from the date of declaration of the results with arrears of pay and seniority. 2. Facts in brief are as follows: Petitioners are all working as faculty members of the National Institute of Technology, Andhra Pradesh, which is a Central Government-funded Institute under the Ministry of Education, governed by the Statutes of National Institute of Technology, Andhra Pradesh, 2017. 3. In National Institute of Technology, there is no Career Advancement Scheme/Accelerated Promotion Scheme for the serving regular faculty and they need to apply against a regular notification to meet the eligibility criteria and selection 10 process as per Schedule ‘E’ of the statute, which provides for movement to a higher grade level of serving faculty even where vacancies are not available. 4. The Respondent-Institution issued an advertisement dated 11.10.2023 in line with the resolution of the Board of Governors dated 13.08.2023 for filling up of 24 vacancies available as on the date of advertisement, at the entry level i.e. Assistant Professor Grade-II (Level-10). In the same advertisement, it was mentioned that for departments not having vacancies at higher pay level would be carried out as per the prescribed selection process and the serving faculty members could apply for higher positions in their own departments. The recruitment consists of both external and internal candidates. 5. The Board of Governors was apprised of the recruitment process from time to time and the same is recorded in the minutes dated 26th, 28th, and 29th meetings of the Board and obtained approval. The entire selection process was completed in accordance with the statute of the 11 NIT, the guidelines of the Ministry of Education and the decisions of the Board of Governors. 6. In the 31st meeting, dated 06.09.2024, the Board approved the results of the candidates selected at the entry level only i.e. Assistant Professor Grade-II (Level-10) and appointment orders were issued and the selected candidates have joined the institute. The results of the serving faculty alone were withheld and were linked to be released with a fresh notification and Advertisement dated 16.09.2024. Hence, this writ petition. 7. In the counter affidavit filed by the Respondents, the facts narrated by the Petitioners were not in dispute and the reason given for deferring the movement of these Petitioners for higher scale is that the same can be considered by consolidating the ongoing selection process with the newly sanctioned 120 faculty positions. It was stated that as per the resolution, there is no requirement of the internal candidates seeking to apply afresh for the consolidated recruitment exercise which was to be completed in (03) months. The other reason given was that a communication 12 was received from the Ministry of Education on 26.12.2024 to defer recruitment process till a regular Director is appointed in Respondent No.2. A reply affidavit was also filed by the Petitioners. 8. Heard Sri M. Srikanth, learned counsel for the Petitioners and learned Government Pleader for Services-I. 9. Firstly, the recruitment process was initiated pursuant to the communication received from the Ministry of Education on 15.06.2023 to all the (06) National Institutes of Technology (NIT). The communication was addressed to all the In-charge Directors of the NITs including Respondent No.2. The paragraph Nos.2 and 3 of the communication reads as under:- “2. In continuation of this Ministry's aforesaid communication, the approval of the competent authority is hereby conveyed to allow the incumbent Director / Director (In-charge) of above named 06 National Institutes of Technology (NITs) to complete the on-going recruitments initiated under the Mission Mode as per the targets / timelines set upto September, 2023 or till appointment of regular Director, whichever is earlier. 3. The incumbent Director / Director (In-charge) of above named 06 NITs are advised to strictly adhere to the recruitment rules / guidelines prescribed for recruitments and to the targets / timelines set under the Mission Mode recruitments while following necessary provisions under the NITSER Act, 2007 and Statutes framed under the Act.” 13 10. Pursuant thereto, the recruitment notification was issued by Respondent No.2 on 11.10.2023. The direct recruitment posts of 24 under the notification were concluded and the new recruits joined the faculty of Respondent No.2. The selection committee, after conducting interviews to the serving faculty members i.e., the Petitioners between 31.07.2024 and 09.08.2024 as per the counter affidavit, deferred the results at that stage on the premise that the Petitioners would be considered during comprehensive recruitment of 120 faculty posts. 11. There is no rationale in the reason given to defer the cases of Petitioners while giving effect to direct recruits. Even otherwise, Respondent No.2 did not give any recruitment notification within the period of (03) months. Though, the employer has freedom to cancel the selection process, but the same should be consistent to all under the said notification and on sustainable reasons. Selective cancelation of recruitment can only be termed as arbitrary and unsustainable. As regards the communication of Respondent No.1, to defer recruitment till a regular Director 14 is appointed, the same should be construed as applicable to future recruitment only. 12. For the aforesaid reasons, the Writ petition is allowed and the Respondent No.2 is directed to declare the results of the Petitioners under the advertisement No.NITANP/ OGRT / 2023-24 / FR / 806, dated 11.10.2023 and shall give effect to the same. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 08.09.2026 KLP