THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE K.C.BHANU W.P.No.13942/2010 Dt.2-8-2010 Al-Amoodi Educational & Welfare Society, Hyderabad represented by Zubair Bin Saleem Al Amoodi, Hyderabad. ..Petitioner ..Petitioner V. 1. The Principal Secretary to the government of Andhra Pradesh, Education Department (S.E) , Secretariat Building,, Hyderabad and another. ..Respondents. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE K.C.BHANU WP No.13942/2010 ORAL ORDER (per the Honourable Justice A.GOPAL REDDY) This writ petition, in the form of public interest litigation, by the Al- Amoodi Educational & Welfare Society, Hyderabad (for short ”the petitioner- society”), seeks a writ of Mandamus declaring the action of the second respondent in posting a Telugu Medium Lecturer, who is not at all qualified, to teach in a Urdu Medium Junior College, as arbitrary and illegal and also to stay the proceedings of the second respondent, namely, Secretary, Andhra Pradesh Residential Educational Institutions Society (Regd), Hyderabad, dt.7-5-2010, (for short “APREI Society” whereunder G. Anjaiah, Junior Lecturer in Commerce, who has been repatriated to APREI Society, was directed to report for duty at A.P. Residential .Junior College (Minority Boys), Kurnool. In the affidavit filed in support of the writ petition, it is stated that the Government issued G.O.Ms.No.183 Education (Prog.I) Department dt. 10-7- 1997 establishing Urdu Medium Residential Junior Colleges by upgrading Urdu Medium Residential Schools at Hyderabad, Guntur, Kurnool and Nizamabad to develop minority community and to protect their language and culture. When the above four colleges are running in the State, Urdu qualified teachers in the respective subjects are posted. Posting of G. Anjaiah, Lecturer in Commerce, in A.P. Residential Junior College (Minority Boys), Kurnool, which is meant only for Urdu medium students, is not at all desirable as he is a lecturer in Telugu medium and therefore, the impugned proceedings are liable to be set-aside. In the counter-affidavit filed by the second respondent, it is stated that admission into 1st year Intermediate Course from the children of Urdu speaking people into the four upgraded Urdu Medium Residential Junior Colleges was very poor for the last five academic years ie., 2005-2006, 2006- 2007, 2007-2008, 2008-2009 and 2009-2010 against the sanctioned strength of 230 in all Urdu Medium Residential Junior Colleges at Hyderabad, Guntur, Kurnool, Nizamabad. During the year 2009-2010, 70 students sought admission in Hyderabad, 28 in Guntur, 95 in Kurnool and 161 in Nizamabad against sanctioned strength of 230 each. As per the instructions issued by the Commissioner, Intermediate Education, Andhra Pradesh vide proceedings dt. 8-5-2006 regarding admission into 1st year Intermediate Education, all the Junior Colleges in the State have to maintain minimum prescribed strength. For second language like Hindi/Sanskrit/Urdu, there must be 25 students. For the academic year 2010- 2011, only 30 students have applied for Science as well as Arts groups under Urdu medium. Out of 30, only l7 have applied for CEC group. In view of the same, there is no scope of running Urdu Medium in Commerce, Economics and Civics combination due to uneconomic strength. In view of the uneconomic strength in these 4 Urdu Medium Residential Junior Colleges and with a view to extend the benefit of studying in English Medium to the Muslim minority children, the Government have taken decision to introduce parallel sections for English Medium in these four Junior Colleges with effect from the academic year 2009-2010, providing admission only to the Muslim minority children in English Medium among the applicants for the A.P. Residential Junior College Common Entrance Test, 2009. Accordingly, parallel sections for English Medium have been introduced in all four upgraded Urdu Medium Residential Junior Colleges. G.Anjaiah, Junior Lecturer in Commerce while working at APR Junior College, Gyrampalli was deputed to Government Junior College, Srisailam Project, Kurnool District to work on deputation with effect from 27-9-2005 and the term of his deputation was extended from time to time till 26-9-2010. He made a representation on 23-1-2010 requesting for repatriation to A.P.R.E.I Society and posting him at A.P. Residential Junior College, Kurnool stating that he is eligible to work there due to introduction of English Medium. His request was suitably considered and accordingly posting orders dt. 7-5-2010 were issued directing him to report for duty at A.P. Residential Junior College (Minority Boys), Kurnool. Heard the learned counsel for the petitioner-Society as well as Sri A.Sudershan Reddy, learned Additional Advocate General for the respondents. Indisputably, four Urdu Medium Residential Schools at Hyderabad, Guntur, Kurnool and Nizamabad were upgraded to Urdu Medium Residential Junior Colleges with the sanctioned strength of 230 each. Admission of the students into 1st year Intermediate Course for the years 2005-06, 2006-07, 2007-08, 2008-09 and 2009-10 was very poor. Due to insufficient work load for the commerce subject in some of the A.P. Residential Junior Colleges, G.Anjaiah, Junior Lecturer in Commerce working at A.P. Residential Junior College, Gyrampalli was deputed to work at Government Junior College, Srisailaim with effect from 27-9-2005. Once there is uneconomic strength to run Urdu Medium Junior Colleges, the Government decided to introduce parallel sections for English Medium in these four junior colleges so as provide admission only to the Muslim Minority Children in English Medium from among the applicants who passed A.P. Residential Junior Colleges Entrance Test. As parallel section for English Medium was introduced at A.P. Residential Junior College, Kurnool (minority boys), G. Anjaiah, who has been repatriated to A.P.R.E.I Society, has been posted at A.P. Residential Junior College, Kurnool (Minority Boys). In view of the same, no mandamus can be issued against the official respondents to appoint Urdu Medium Lecturers in Urdu Medium Junior Colleges since the Government decided to introduce parallel sections for English Medium in the above four colleges. No infirmity is discernible in the impugned order posting G.Anjaiah, Junior Lecturer in Commerce at A.P. Residential Junior College (Minority Boys), Kurnool. The writ petition fails and is accordingly dismissed. No costs. -------------------- A.GOPAL REDDY,J --------------- K.C.BHANU,J DT. 2-8-2010 Kmr