IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.623 2002 Between: Smt.Jaishry S.Jaiswal ..... PETITIONER AND The Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.623 of 2002 O R D E R: It is the case of the petitioner that he was graduate in Hindi and he is eligible and qualified for the post of Lecturer in Hindi. Pursuant to the applications invited by the 2nd respondent private aided college for the post of Lecturer in Hindi, the petitioner said to have been applied and he was appointed vide orders dated 08.12.1994 on consolidated pay of a sum of Rs.2,000/- per month and his services are being continued from time to time. The 2nd respondent also issued order dated 02.09.1995 for the year 1995 and similarly for all the years upto 2001 and presently his pay is Rs.3,500/- per month. It is stated that the petitioner has been working as Lecturer in Hindi since 1994 but his services were not absorbed in the said post though an aided post of Lecturer in Hindi had fallen vacant in February 2000. Therefore, the petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in not absorbing him in the aided post of Lecturer in Hindi which had fallen vacant in February 2000 and trying to fill up the said post by outsider as illegal and arbitrary. A counter has been filed by the respondents stating that admittedly the petitioner has been working as part-time Lecturer and the petitioner was appointed in the 2nd respondent college without following the procedure, rule of reservation and his salaries were being paid from the 2nd respondent college’s funds alone with effect from 08.12.1994. The appointment of the petitioner in the 2nd respondent college was also not reported to the 1st respondent Commissioner of College Education. The 1st respondent Commissioner of College Education came to know about the said action pursuant to the notice issued in this writ petition alone. It is stated that as the petitioner was appointed by the 2nd respondent private aided college management without following any procedure, he is not entitled for absorption of his services. It is further stated that the rule of reservation applicable to SC/STs and BCs should be followed while filling up the aided vacancies in the aided colleges as per the orders in G.O.Ms.No.1302 Education dated 10.08.1972 wherein instructions were issued to all the private aided colleges that they should maintain reservation to SCs/STs and BCs in regard to the appointment of Lecturers. It is further stated that there are 13 backlog teaching posts for Scheduled Caste and one backlog teaching post to Scheduled Tribe community people in the 2nd respondent college and the 1st respondent-Commissioner of College Education vide proceedings in RC No.966/Admn.V-1/2001 dated 30.05.2001 permitted the 2nd respondent college to fill up the teaching posts to clear up the backlog vacancies including the post of Lecturer in Hindi. The Government vide G.O.Ms.No.499 Finance dated 06.04.2002 had stipulated the time limit for filling up of backlog vacancies which was expired by 30.06.2002. It is stated that the 2nd respondent college notified the said teaching posts on 09.11.2001 calling applications from the eligible candidates of SCs/STs. The selections to the said posts were scheduled on 11th and 12th February 2002. But pursuant to the interim order of this Court one post could not be filled up and the selection process was postponed. The petitioner does not belong to any reserved category. I am of the opinion that as the post of Lecturer in Hindi was meant for reserved category of Scheduled Caste people alone, the petitioner is not entitled for absorption of his services in the said aided post of Lecturer in Hindi. The Writ Petition is without any merit and the same is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 23.09.2010 Dsr