IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6938 of 2006 Between: 1 M. Satish Kumar S/o Sri. M. Murthy Station Road, Warangal 2 V. hari Kumar S/o Sri V. Rama Chary Station Road, Warangal 3 S. Shatagopachry S/o Sri S. Narasimha Chary, Station Road, Warangal ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep by Principal Secretary to Government, Higher Education Department, Secretariat Buildings, Hyderabad 2 The Director fo Collegiate Education, A.P., Hyderabad 3 S.V.S.A. Degree & P.G. Kalasala, Station Road, Warangal, rep by secretary cum Correspondent .....RESPONDENT(S) 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 Writ or order or direction more inthe nature of Writ of Mandamus decaring the actionof the first and second respondents in not absorbing th epetitioners as lecturers in Sankrit in the aided vacancies at needy College, as is being done in the case of similarly placed persons vide G.O.Rt. No. 1 Education (CE.II.2) Department dated 01-01-2000, G.O.Rt. No. 573 Higher Education (CE.II.2) Department dated 23-08-2000 and G.O.Rt. No. 618 Education (CE.II.2) Department dated 04-09-2000 as illegal, arbitrary and discriminatory and consequently directthe first and second respondnets to absorb the petitioners as Lecturers in Sanskrit in theaided vacancies at needy colleges and pass such other order or orders as the Hon'ble Court may deem fit and properinthe circumstances of the case. Counsel for the Petitioner:MR.P.V.S.S.S.RAMA RAO Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 6938 OF 2006 ORDER: 1. This writ petition has been filed by the petitioners who are three in number assailing the action of the respondents 1 and 2 in not considering their representation for absorption as lecturers in Sanskrit in the aided vacancies at needy colleges. 2. Learned counsel appearing for the 3rd respondent submits that the representation of the petitioners have been considered by the Government of Andhra Pradesh, Higheer Education (CE-II) Department dated 10-11-2008 and rejected their applications. He placed on record the proceedings and the copy of the Memo No. 13005/CE.II.2/2008, dated 10-11-2008. The relevant portion of the Memo reads as hereunder. “The Division Bench of this Hon’ble High Court has observed on its order dated 7-11-2005 in W.P.No. 8697 of 2005 between Sri Y. Sidda Reddy Vs. Government of Andhra Pradesh and others as follows: “ ………..Under Section 46(1), the Government is empowered to withhold reduce or withdraw any grant payable to an educational institution having regard to the funds at the disposal of the Government or the conduct and efficiency and financial condition of such institution. The principle that no private educational institution or an employee or an educational institution has a legal right to compel financial assistance by the State is recognized by the Supreme Court in Ajit Kumar Sarma’s case (supra 1) - ……..What grants the State should make to private educational institutions and upon what terms are matters for the State to decide”. The Government, after careful consideration of the matter keeping in view the directions of the Hon’ble High Court, hereby reject the request of Sri M. Satish Kumar, S. Shatagopachary and Sri V. Hari Kumar, lecturers in Sanskrit, S.V.S.A.Degree and P.G. Kalasala, Warangal for absorption against the aided vacancies. The Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad is therefore requested to take further action accordingly.”. 3. Since the request of the petitioners for their absorption in aided vacancy at needy colleges has been rejected, the petitioners have to challenge the rejection order. No relief can be granted in this writ petition. 4. In that view of the matter, this writ petition is disposed of reserving liberty to the petitioner to challenge the Memo No. 13005/CE.II.2/2008, dated 10-11-2008. Accordingly, the interim order granted on 19-9-2008 stands vacated. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 13th February, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 6938 OF 2006 13th February, 2009.