IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.34610 of 1998 Between: Mamidi Kiran S/o Vishnuvardhan Rao Sharada Junior College, Gandhi Nagar, Vijayawada, Krishna Dist. ..... PETITIONER AND 1 The Stae of A.P. Rep. by Secretary to Government, Education Department Secretariat Buildings, Hyderabad. 2 The Commissioner of Collegiate Education, Andhra Pradesh Hyderabad. 3 The Secretary/Chairman, A.P. College Service Commission, Hyderabad. 4 The Secretary & Correspondent Sarada Junior College Vijayawada, Krishna District. .....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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not regularising the services of the petitioner as Lecturer in mathematics in the 4th respondent college as highly illegal, arbitrary, unjust, improper and discriminatory and consequently direct the respondents to regularise the services of the petitioner as Lecturer in Mathematics in the 4th respondent's college with all consequential benefits and allow the petitioner to continue in service and pass. Counsel for the Petitioner:MR.G.V.R.S.VARA PRASAD Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following: Form-NIC-OGS/WP{ESWAR} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.34610 of 1998 ORDER: The petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in not realizing his services as Lecturer in Mathematics in the 4th respondent college, as illegal and arbitrary and to direct the respondents to regularize his services. It is the case of the petitioner that he passed M.Sc. in Mathematics and he was appointed as part time Junior Lecturer by the 4th respondent-Secretary and Correspondent, Sarada Junior College, Vijayawada with effect from 25.07.1993, and since then he has been continuously working as Lecturer in Mathematics in the 4th respondent college on ad hoc basis in an aided post. It is stated that the post in which he is working now is a clear vacancy and though he has been continuously working as part time Lecturer and completed 5 years of uninterrupted service, his services have not been regularized. It is further stated that as per the A.P.College Service Commission Act, 1985 (hereinafter referred to as ‘the Act’), it is the duty of every college to communicate the commission about the number of vacancies as on the date of commencement of the said Act and the commission has to conduct selections in respect of vacancies and appoints are to be made as per the recommendations to the Commission under Sec.10 and 11 of the Act. It is stated that though the said Act came into force w.e.f.01.10.1985, the Commission was constituted in 1986 only and started functioning by the end of 1987. It is stated that the Government also issued G.O.Ms.No.156 Education (UG) Department dated 10.06.1987 and G.O.Ms.No.582, dated 19.11.1986 relating to method and manner of selection and terms and conditions of the employment. Consequent to the said Government orders, the commission was not able to function effectively due to several hurdles, and consequently, private managements were forced to make appointments. Thus, the petitioner was appointed on ad hoc basis. It is the case of the petitioner that he has been working continuously from the date of his appointment w.e.f.27.05.1993, but the respondents have not regularized his services. A counter has been filed stating that the petitioner’s engagement by the 4th respondent college temporarily on ad hoc basis with consolidated pay is without prior permission of the Commissioner of Intermediate Education and without following due process of selection. It is further stated that there is a ban on irregular appointments as per the Act 2 of 1994 and part time arrangement is prohibited w.e.f.25.11.1993. It is further stated that a person who has entered in service through back door method cannot claim any right over the grant-in-aid post, as the said person is not eligible for regularization of his services. The appointments, if any, made by the 4th respondent are contrary to the Government orders. It is further stated that as per the Government Orders in G.O.Ms.No.328 dated 15.10.1997 the persons who have put in service of 3 academic years as on 30.07.1991 or 5 academic years as on 25.11.1993 as the case may be, and also continuing in service on the date of issue of the G.O. are eligible for regularization. The so called appointment is after 30.07.1991 and as there was no five year academic years service as on 25.11.2003, it is stated that petitioner is not entitled for regularization of his services. It is stated that the time limit for implementation of the said Government Orders under G.O.Ms.No.328, dated 15.10.1997 is only six months, which was extended up to 09.10.1998. It is stated that even the said G.O is not in force. I have considered the rival contentions. The contention of the learned counsel appearing for the respondent that there was no regular selection process and the petitioner has entered into service through back door method and such entry as part time lecturer through back door method by private management will not give any entitlement for regularization, cannot be decided in the present writ petition. Whether the selection of the petitioner was made by following due process prescribed in law and whether he is eligible for regularization or not, it is for the 4th respondent college Secretary to take up the issue of the petitioner, and those issues cannot be decided in this writ petition. The Writ Petition is, accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 14.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Stae of A.P. Rep. by Secretary to Government, Education Department Secretariat Buildings, Hyderabad. 2 The Commissioner of Collegiate Education, Andhra Pradesh Hyderabad. 3 The Secretary/Chairman, A.P. College Service Commission, Hyderabad. 4 The Secretary & Correspondent Sarada Junior College Vijayawada, Krishna District. 5 2. 2CCs to 6. 2CD copies