IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1752 of 2008 Between: Bikku Bhukya S/o.Thavuruya R/o.Near T.V.Tower R.E.C Road, Hanumakonda, Warangal Dist ..... PETITIONER AND 1 The Kakatiya University Warangal Rep.by its Registrar 2 The Govt.of A.P Higher Education Department,Secretariat Buildings Hyderabad, rep.by its Principal Secretary .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus declaring the action of the respondent No.1 in not considering the service certificate issued by the Department of Informatics in the University Post Graduate College, at Khammam as an Academic Consultant, as service rendered as lecturer for considering the candidature of the petitioner for the post of Associate Professor in Informatics, which is a backlog ST post, notified vide notification No.1 of 2007 dated 07-07-2007, as bad in law, illegal, arbitrary and consequently to direct the respondents to consider the case of the petitioner for appointment as Associate Professor under S.T. Backlog post in Informatics by considering his case along with other eligible candidates by taking the service certificate issued by the Department of Informatics in the University Post Graduate College at Khammam into consideration. Counsel for the Petitioner: MR.B.SUDHAKAR REDDY Counsel for Respondent No.2: GP FOR EDUCATION Counsel for Respondent No.1: MR.DEEPAK BHATTACHARJEE The Court made the following : O R D E R : This writ petition is filed by the petitioner, who is working as an Academic Consultant in the first respondent-University, seeking a writ of Mandamus and the prayer reads as follows: “To issue a writ of Mandamus declaring the action of the respondent No.1 in not considering the service certificate issued by the Department of Informatics in the University Post Graduate College, at Khammam as an Academic Consultant, as service rendered as lecturer for considering the candidature of the petitioner for the post of Associate Professor in Informatics, which is a backlog ST post, notified vide notification No.1 of 2007 dated 07-07-2007, as bad in law, illegal, arbitrary and consequently to direct the respondents to consider the case of the petitioner for appointment as Associate Professor under S.T. Backlog post in Informatics by considering his case along with other eligible candidates by taking the service certificate issued by the Department of Informatics in the University Post Graduate College at Khammam into consideration.” The first respondent-University issued notification No.1 of 2007, dated 07-07-2007, to fill up S.C./S.T backlog vacancies in the vacant posts of Assistant Professors and Associate Professors. The petitioner, in response to the said notification, applied to the post of Associate Professor (Informatics), which is reserved for Scheduled Tribe category. The grievance of the petitioner is that though he is qualified for the said post as per the notification and fulfilled the eligibility criteria, he was not called for interview, but, however, with regard to other posts interview call letters were issued. In the information brochure issued by the University, along with the notification, the requisite qualifications for the posts are notified and for the post of Associate Professor (Informatics), they read as under- “For candidates from teaching: Ph.D Degree with first class degree at Bachelor’s or Master’s level in Computer Engineering/Computer Technology or Ph.D degree in any relevant area of Computer Science/Information Technology with first class Master’s degree and 2 years experience in teaching/industry/research or First class Master’s degree in Computer Science/information technology or first class MCA degree and with 5 years experience in teaching/industry/research at the level of lecturer or equivalent. Such candidates will be required to obtain Ph.D degree within 7 years from the date of appointment. For Candidates from Industry & Profession: Candidates from industry/profession with first class B.E./B.Tech in Computer Science/Information Technology/M.Sc (Comp.Sci)/M.Sc (IT) MCA Degree, AND professional work experience of 7 years in relevant industry. Such candidates will be required to obtain Ph.D degree within a period of 7 years from the date of appointment”. It is the claim of the petitioner that though he is appointed by the first respondent-University as an Academic Consultant, but he is engaged in the job of teaching and working as a Lecturer from the last several years and he is eligible for the post of Associate Professor as per the notified eligibility criteria. Counter-affidavit is filed by the first respondent-University, wherein it is stated that as per the eligibility criteria notified in the advertisement, there was a condition of 5 years experience in teaching/industry/research at the level of Lecturer or equivalent. It is denied that the petitioner is eligible. Further it is stated that the post of Academic Consultant is not considered as equivalent to the post of Lecturer as per the University Grants Commission (UGC) guidelines. Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent No.1 and learned Government Pleader for Education appearing for respondent No.2. A perusal of the notification No.1 of 2007 and the eligibility criteria notified therein, it is clear that for the post of Associate Professor (Informatics) apart from possessing the academic qualification, the candidate should possess five years experience in teaching/industry/research as a Lecturer or equivalent. It is also not in dispute that the petitioner is not appointed as a Lecturer by the Selection Committee constituted under Section 43 of the Andhra Pradesh Universities Act. In the counter-affidavit, it is clearly stated that the petitioner was appointed as an Academic Consultant by the College authorities from time to time and as per the UGC guidelines, the post of Academic Consultant is not equivalent to the post of Lecturer. Therefore, it is not for this Court to sit in judgment on the said guidelines to examine whether the post of Academic Consultant is equivalent to the post of Lecturer or not. Even the qualifications prescribed for the posts of Academic Consultant and Lecturer are totally different. In this view of the matter and since in the counter-affidavit it is categorically stated that the petitioner did not possess any experience whether as Lecturer or equivalent post he was not called for the interview, it cannot be said that the claim of the petitioner is in proper perspective. Though it is submitted by learned counsel for the petitioner that the post of Associate Professor (Informatics) is a backlog post reserved for Scheduled Tribe, but when requisite qualifications are notified to fill up such vacancy, no appointment can be made by considering the candidate belonging to Scheduled Tribe, who does not possess the requisite qualifications. I do not find any merit in the writ petition, which is accordingly dismissed. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 22nd February, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Kakatiya University Warangal Rep.by its Registrar 2 The Govt.of A.P Higher Education Department,Secretariat Buildings Hyderabad, rep.by its Principal Secretary 3 2CCs to the G.P. for Education 4 2CD copies