IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU W.P.Nos.5786, 7398, 7760, 5717, 5491, 14882, 5425 and 5412 of 2003 W.P.No.5786 of 2003 Between: G.Yadagiri s/o Ilaiah A.B.V.Degree College., Janagoan., Warangal District. ..... PETITIONER AND 1 The Govt of A.P., rep by its Secretary, Higher Education., Department, Secretariat, Hyderabad. 2 The Director of Collegiate Education., Hyderabad. 3 The Regional Joint Director of Collegiate Education., Warangal. 4 The ABV Degree College., Jangoan., rep by its Correspondent, Warangal District. 5. Dr.K.Sadashiva Reddy, S/o Kista Reddy, aged 46 years, Reader in Botany, A.B.V. Degree College, Jangaon, Warangal District. 6. Dr.L.Venu, S/o Chandraiah, age 44 years, Reader in Physics, A.B.V.Degree College, Jangaon, Warangal District. 7. K.Sathaiah S/o Pentaiah, age 51 years, Head Clerk, A.B.V.Degree College, Jangaon, Warangal District. (RR5 to 7 are impleaded as per court order in WPMP No.9489 of 2003, dated 29-04-2003) .....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, order or direction in the nature of Writ of Mandamus, to declare that the action of the respondents in taking over the Management of the A.B.V.Degree College, Jangoan, from 1-4-2003 by G.O.Ms.No.10 HE, dated 12-3-2003 without absorbing the petitioner on the untenable ground that he is working in un-aided post inspite of extracting work for nearly 15 years and seeking to terminate his services under condition 5 of para 4 of the G.O.is as illegal, arbitrary, discriminatory, unjust and violative of Articles 14,16 and 21 of Constitution of India and consequently hold the petitioner is entitled to be absorbed/regularise as Lecturer in History interms of G.O.Ms.No.328 dated 15-10-1997 with all consequential benefits and pass such other order or orders as the Hon'ble court may deem fit and proper. Counsel for the Petitioner: MR.M.RAMGOPAL RAO Counsel for the respondent Nos.1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4: none appeared Counsel for the Respondent No.5 to 7: MR.J.R.MANOHAR RAO WRIT PETITION NO : 7398 of 2003 Between: P. Bal Reddy, S/o Raghava Reddy, aged 34 years, Lecturer in Sociology (On contract basis), A.B.V. Degree College, Jangaon, Warangal District. ..... PETITIONER AND 1. Government of Andhra Pradesh, rep. By its Secretary, Higher Education (CE.II.s) Department, Secretariat, Hyderabad. 2. The Director of Collegiate Education, Andhra Pradesh, Hyderabad. 3. Andhra Bhasha Abhivruddini Degree College Society, rep. By its Secretary & Correspondent, Jangaon, Warangal 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 may be pleased to issue an appropriate writ, order or direction, preferably one in the nature of writ of Mandamus, declaring G.O.Ms.No.10, Higher Education (CE.II.2) Department, dated 12-3-2003 as illegal, arbitrary and violative of Article 14 of the Constitution of India, and consequently direct the respondents to consider the taking over the Lecturers occupying unaided posts including the petitioner herein, in view of the decision to take over the entire college under the 3rd respondent society together with its assets along with aided staff. Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the respondent Nos.1 and 2: GP FOR HIGHER EDUCATION Counsel for the Respondent No.3: none appeared WRIT PETITION NO : 7760 of 2003 Between: Raju Bolla, S/o Chandraiah, aged 27 years, Lecturer in Botony (on contract basis), A.B.V Degree College, Jangaon, Warangal District. ..... PETITIONER AND 1. Government of Andhra Pradesh, rep. By its Secretary, Higher Education (CE.II.s) Department, Secretariat, Hyderabad. 2. The Director of Collegiate Education, Andhra Pradesh, Hyderabad. 3. Andhra Bhasha Abhivruddini Degree College Society, rep. By its Secretary & Correspondent, Jangaon, Warangal 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 issue an appropriate writ, order or direction, preferably one in the nature of writ of Mandamus, declaring G.O.Ms.No.10, Higher Education (CE.II.2) Department, dated 12-3-2003 as illegal, arbitrary and violative of Article 14 of the Constitution of India, and consequently direct the respondents to consider the taking over the Lecturers occupying unaided posts including the petitioner herein, in view of the decision to take over the entire college under the 3rd respondent society together with its assets along with aided staff. Counsel for the Petitioner: MR.J.KANAKAIAH Counsel for the respondent Nos.1&2: GP FOR HIGHER EDUCATION Counsel for the Respondent No.3: none appeared WRIT PETITION NO : 5717 of 2003 Between: 1. T.Sridhar, S/o Rajaiah, aged 29 years R/o H.No.6-2-2/8/E, S.V.Jr.College Street, Jangaon, Warangal. 2. B.Srinivasa Rao S./o Kondal Rao, aged 32 years 3. M.Srinivas S/o Bikshapathy, aged 27 years 4. M.Andalu S/o Vaikuntam, aged 33 years 5. K.Vijaya Kumar S/o Pullaiah, aged 28 years 6. Y.Kistiah S./o Roshaiah, aged 34 years 7. V.Ilaiah S/o Somaiah, aged 27 years 8. J.Veerender S/o Somaiah, aged 27 years 9. J.Komuraiah S/o Narayana, aged 37 years 10. G.Yadagiri S/o Kistaiah, aged 33 years (Petitioners 2 to 10 are R/o C/o R/o.H.Nmo.6-2-2/8/E, S.V.Jr. College Street, Jangaon Warangal) ..... PETITIONER AND 1. Government of A.P rep. By its Secretary, Higher Education Department, Secretariat, Hyderabad. 2. A.B.V. Degree College Society, Jangaon, Warangal rep by its Chairman. 3. A.B.V. Degree College Society, Jangaon, Warangal rep by its Principal. 4. Dr.K.Sadhashiva Reddy S/o Kista Reddy, age:46 years, Reader in Botany, A.B.V. Degree College, Jangaon, Warangal District. 5. Dr.L.Venu, S/o Chandraiah, Age:44 years, Reader in Physics, A.B.V. Degree College Jangaon, Warangal District. 6. K. Sataiah, S/o Pentaiah, age:51 years, Head Clerk, A.B.V. Degree College, Jangaon, Warangal District. (RR4 to 6 are impleader as per Court order in W.P.M.P.No.9190 of 2003, dated 29- 05-2003) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the condition No.5 in G.O.Ms.No.10 Higher Education (CE.II.2) Department dated 12-3-2003 is illegal arbitrary and discriminatory and consequently set aside the said condition NO.5, with further direction to take over the non-teaching staff working in the unaided posts of the third respondent college with consequential benefits. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2 and 3: None appeared Counsel for the Respondent Nos.4 to 6:MR.J.R.MANOHAR RAO WRIT PETITION NO : 5491 of 2003 Between: 1 N.Srinivasa Rao S/o Somalingam ABV Degree College, Jangon, Warangal Dist. 2 D.V.Rajaiah S/o Chandraiah ABV Degree College, Jangon, Warangal Dist. 3 H.K.Madhusudhan Rao S/o HK Bhima Rao ABV Degree College, Jangon, Warangal Dist. 4 T.Bhaskar S/o Sri Sammaiah ABV Degree College, Jangon, Warangal Dist. ..... PETITIONERS AND 1 State of AP., Rep by its Prl Secretary, Govt of AP., Educ Deprt., (HE), Secretariat, Hyd. 2 Commissioner of Collegiate Educ., Govt of AP., Nampally, Hyd. 3 Regional Joint Director of High Education, Warangal. 4 Special Officer, ABV Degree College, Jagon, Warangal. 5 ABV Degree College, Rep by its Secretary & Correspondent, Jagon, Warangal. 6 Dr.K.Sadashiva reddy S/o Kista Reddy ABV Degree College, Jagon, Warangal Dist. 7 Dr.L.Venu S/o Chandraiah ABV Degree College, Jagon, Warangal Dist. 8 K.Sathaiah S/o Pentaiah ABV Degree College, Jagon, Warangal Dist. (RR6 to 8 are impleaded as per Court order in W.P.M.P.No.9400 of 2003, dated 29- 04-2003) .....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 or order or direction especially one in the nature of mandamus i) declare that the petitioner are entitled for absorption into aided vacancies in R5 college or in any needy college ii) declare that the rights of the petitioners cannot be effected in as much as they are regularly selected & appointed & working for over 6yrs, iii) direct the respondents to absorb the petitioners as lecturers in aided consequential benefits. Counsel for the Petitioner: MR.V.JOGAIAH SARMA Counsel for the Respondent Nos.1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4&5: none appeard Counsel for the Respondent No.6 to 8: MR.J.R.MANOHAR RAO WRIT PETITION NO : 14882 of 2003 Between: 1 A. Suryam s/o Yellaiah part-time Lecturer in Industrial Micro Biology A.B.V. Degree College, Jangoan, Warangal District 2 B. Kiran Kumar s/o Madhusudhan rao part-time Lecturer in comp., Sciences, A.B.V. Degree College, Jangoan, Warangal District 3 T. Sridhar s/o Somanarasaiah part-time Lecturer in comp., Sciences, A.B.V. Degree College, Jangoan, Warangal District 4 G. Vidya Sagar s/o Vishwanatham part-time Lecturer in comp., Sciences, A.B.V. Degree College, Jangoan, Warangal District 5 S. Sebastian s/o Amruthaiah 6 K. raghava Ranga Rao s/o Venkatramarao 7 R. Srikanth s/o Somalingam part-time Lecturer in comp., Sciences, A.B.V. Degree College, Jangoan, Warangal District ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep by Principal Secretary, Higher Education Dept., Secretariat, Hyderabad 2 The Director of Collegiate Education, Andhra Pradesh, Hyderabad 3 The Regional Joint Director of Collegiat Education, Warangal, Warangal District 4 The A.B.V. Degree College, jangoan, rep by its Correspondent, Warangal 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 issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in taking over Management of A.B.V. Degree College Jangoan from 1-4-2003 by G.O.Ms. No. 10 Higher Edn., dt 12-3-2003 without absorbing the petitioners on the ground that they are working in unaided post in spite of extracting work for several years and seeking to terminate their services under Condition-5 of para-4 of the G.O.Ms. as illegal arbitrary discriminatory, unjust and violative of articles 14, 16 and 21 of the Constitution of India and consequently hold that the petitioners are entitled to be continued in terms of G.O.Rt. No. 525 dt 2-7-2003 as Lecturer in Industrial Micro Biology. Computer Science and Physics with all consequential benefits. Counsel for the Petitioner: MR.M.RAMGOPAL RAO Counsel for the respondent Nos.1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4: none appeared WRIT PETITION NO : 5425 of 2003 Between: 1 N.Venu Gopal S/o N.Srihari Shankaranagar, Bodhan, Nizamabad District. 2 T.Srinivasa Rao S/o Vishwanath Shankaranagar, Bodhan, Nizamabad District. ..... PETITIONERS AND 1 State of Andhra Pradesh Rep. by its Principal Secretary, Higher Education Department, Secretariat, Saifabad, Hyderabad. 2 The Director of Collegiate Education, Andhra Pradesh, Hyderabad. 3 The Madhu Malancha Educational Society Rep. by its Secretary & Correspondent, Shakarnagar, Bodhan, Nizamabad District. 4 Dr.M.Vani Manohar , M.Com., Ph.D., S/o Sri.Vankat Ram Narasaiah R/o Qr.No.3-14, Shankarnagar, Nizamabad District. 5 Sri.Y.Raghavaiah , M.Com., M.Phil., S/o Sri Y.Adinarayana R/o 1-1-1355, Raksipet, Bodhan, Shankarnagar, Nizamabad District. 6 Dr.M.Venkateswarlu, M.Com., M.Phil, S/o Sri. Muthaiah Sharma R/o 1-2-504, Rakasipet, Bodhan, Shankarnagar, Nizamabad District. 7 Sri.V.Bheem Reddy, M.Com., M.Phil, S/o Sri.V.Gopal Reddy R/o 1-1-1117/A, Rakasipet, Bodhan, Shankarnagar, Nizamabad District. 8 Dr.T.N.V.Subramanyam, M.A., Ph.D., S/o Sri. T.S.Natrajan R/o 1-1-1352, Rakasipet, Bodhan, Shankarnagar, Nizamabad District. 9 Sri.M.Krishanaiah, M.Com., M.Phil, S/o Sri.M.Anthaiah R/o 1-1-1352, Rakasipet, Bodhan, Shankarnagar, Nizamabad District. 10 Sri.D.Srihari Ramam, M.A. S/o Sri.D.Subba Rao R/o 2-62,Bypass Road, Achanpally, Shankarnagar Post-503 108. 11 Sri M.Nagaraju, M.A.M.Ed, S/o Sri Satyanarayana R/o 1-103, Saichandra Apartments, O.U.Road, Hyderabad. 12 Sri A.Shyamasunra Sarma, B.Sc., B.P.Ed., NIS., S/o Sri A.Venkateswarlu R/o 4-2-95, Pavan Complex, Anil Talkies Rd, Bodhan, Nizamabad District-503 185. 13 Smt.Sayeeswari, M.Sc., M.Phil., S/o Sri.A.V.Narayana Rao R/o 1-1-1302, Raksipet, Bodhan, Nizamabad District-503 185. 14 Dr.B.Gangadhar, M.A., M.Phil., Ph.D., S/o Sri.B.Bhumanna R/o 1-2-720, Near Water Tank, Rakasipet, Bodhan, Nizamabad District. 15 Sri.Y.Srinivasu, M.Com., M.Phil, S/o Sri Y.Subba Rao, R/o 1-4-7601, Gunj Raod, Rakasipet, Bodhan, Nizamabad District. 16 Sri.V.Emmanuel, M.A, s/o Sri.V.Deva Sahyam R/o 1-1-1184, Rakasipet, Bodhan, Nizamabad District. 17 Sri Abdul Majeed, M.Com., M.Phil., S/o Sri Abdul Waheb R/o 1-1-287/1, Rakasipet, Bodhan, Nizamabad District. 18 Sri.B.Mallesham, B.Com., S/o Sri. Narayana H.No.1-3-4, Srinivas Nagar Camp, Bodhan, Nizamabad District. 19 Sri.K.V.Subba Rao, B.A., S/o Sri K.Venkata Ratnam H.No.1-3-4, Srinivas Nagar Camp, Bodhan, Nizamabad District. 20 Sri.A.Venugopal, B.Com., S/o Sri. A.Nageswara Rao R/o Qr.No.C/New-42, Shankarnmagar, Nizamabad District-503 108. 21 Sri.S.Satyanarayana, Inter S/o Sri. S.Mahadev R/o MIG-57, Housing Board Colony, Shankarnmagar. 22 Sri.R.Vittal, B.A., S/o Sri R.Ramulu R/o A.R.P.Camp., Yedapally Mandal-503 235. 23 Sri.P.Laxmaiah, S.S.C., S/o Sri Narasaih R/o BR/244 Near Tree Temple, Shakarnagar- 503 180. 24 Sri. B.Bhoodaiah S/o Sri Yellaiah R/o 1-18/2, Achanpally, Shankarnagar. 25 Sri Shaik Aleem S/o Sri Fakir Mahammed R/o 1-1-433/A1 Raksipet, Bodhan, Nizamabad District. 26 Sri .P.Bhoomaiah S/o Sri. Sayanna aged 51 years, Occ: Gardener, R/o.2-6-77, Ekachakranagar, Bodhan, Nizamabad District.. 27 Sri P.Ramchandar S/o Sri P.Gangadaram aged 50 years, Occ: Sweeper, R/o.1-2-557, Rakasipet, Bodhan, Nizamabad District. 28 Sri.M.Nagaiah S/o Sri Sattaiah R/o 4-7-441, Dhobigally, Shankarnagar, Nizamabad District. 29 Sri.Syed Omer S/o Sri Syed Hder, R/o 4-1--428, Aneesa Nagar, Shankarnagar, Nizamabad District. 30 Sri.B.Narasaiah S/o Sri.Balaiah R/o 1-2-449, Rakasipet, Bodhan, Nizamabad District. 31 Smt.Kamalabai W/o Ramesh R/o Janakamma Nivas, L.B.S.Nagar, Bodhan, Nizamabad 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 issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus:- A) Declaring the action of the respondents in issuing G.O.Ms.No.9 Higher Education (CE.II.2) Department dt: 12.3.2003 as bad in law and violative of article 14 of the Constitution of India, B) Direct the respondents to consider taking over of the Lecturer occupying aided posts in view of a decision to take over the entire college under the 3rd respondent Society together with its assets along with the aided staff. Counsel for the Petitioner:MR.SIVA Counsel for the Respondent No.1 &2: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.3: MR N.VASUDEVA REDDY Counsel for the Respondent Nos.4 to 31: MR V.TULASI REDDY WRIT PETITION NO : 5412 of 2003 Between: 1 Dr.Sabhia Anis W/o Mohammed Ahmed Hussain Shakarnagar, Bodhan, Nizamabad District. 2 T.Madhusudan S/o Lingam Shakarnagar, Bodhan, Nizamabad District. 3 Govind Raj S/o Bansidhar Rao Kulkarni Shakarnagar, Bodhan, Nizamabad District. 4 P.Venkat Rao S/o Vittalrao Shakarnagar, Bodhan, Nizamabad District. 5 J.Purushottam S/o Gangaram Shakarnagar, Bodhan, Nizamabad District. 6 S.Digamber Rao S/o Sangram Patel Shakarnagar, Bodhan, Nizamabad District. 7 V.Rajashekar S/o Chinneshwar Shakarnagar, Bodhan, Nizamabad District. 8 G.Pavan Kumar S/o Ramakrishnan Shakarnagar, Bodhan, Nizamabad District. ..... PETITIONERS AND 1 State of Andhra Pradesh Rep. by its Principal Secretary, Higher Education Department, Secretariat, Saifabad, Hyderabad. 2 The District of Collegiate Education, Andhra Pradesh, Hyderabad. 3 The Madhu Malacha Educational Society Rep. by its Secretary & Correspondent, Shankaranagar, Bodhan, Nizamabad District. 4 M.Vani Manohar, M.Com., Ph.D, S/o Sri venkat Ram Narasaiah R/o Qr.No.3-14, Shankarnagar, Nizamabad District-503 180. impladed as per court order in WPMP7963/03 dt: 29.4.03. 5 Y.Ragahvaiah, M..Com, M.Phili S/o Sri Y.Adinarayana R/o 1-1-1355, Rakasipet, Bodhan, Nizamabad District-503 185. impladed as per court order in WPMP7963/03 dt: 29.4.03. 6 Dr.M.Venkateswarlu, M..Com, Ph.D, S/o Sri Muthaiah Sharma R/o 1-2-504, Rakasipet, Bodhan, Nizamabad District-503 185. impladed as per court order in WPMP7963/03 dt: 29.4.03. 7 Sri.V.Bheem Reddy, M..Com, M.Phili S/o Sri V.Gopal Reddy R/o 1-1-1117/A , Rakasipet, Bodhan, Nizamabad District-503 185. impladed as per court order in WPMP7963/03 dt: 29.4.03. 8 Dr.T.N.V.Subramanyam, M..Com, Ph.D, S/o T.S.Natarajan R/o 1-4-235, Near Bus Stand, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 9 Sri.M.Krishanaiah, M..Com, M.Phili S/o Sri M.Anathaiah R/o 1-1-1352, Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 10 Sri.D.Srihari Ramam, M.A S/o Sri D.Subba Rao R/o 2-62, By Pass Road, Achanpally, Shankaranagar Post-503 180. impladed as per court order in WPMP7963/03 dt: 29.4.03. 11 Sri M.Nagaraju, M.A: M.Ed., S/o Sri satyanarayana R/o 1-103, Saichandra Apartments, O.U.Road, Hyderabad. impladed as per court order in WPMP7963/03 dt: 29.4.03. 12 Sri.A.Shyamasundara Sarma, B.Sc., B.P.Ed., NIS., S/o Sri A.Venkateshwarlu R/o 4-2-95, Pavan Complex, Anil Talkies Rd, Bodhan, Nizamabad District-503 185. impladed as per court order in WPMP7963/03 dt: 29.4.03. 13 Smt.A. Sayeeswari, M.Sc. M.Phil, D/o Sri A.V.Narayana Rao R/o 1-1-1302,Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 14 Dr.B.Gangadhara,M.A: M.Phil,Ph.D., S/o Sri B.Bhumanna R/o 1-2-720 , Near Water Tank, Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 15 Sri.Y.Srinivasu , M.Com, M.Phil, Sri.Y.Subba Rao R/o 1-4-760, Gunj Road, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 16 Sri.V.Emmanuel S/oSri V.Deva Sahayam R/o 1-1-1184, Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 17 Sri Abdul Majeed , M.Com, M.Phil, S/o Sri Abdul Wahab R/o 1-1-287/1, Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 18 Sri. B.Mallesham , B.Com., S/o Sri B.Narayana R/o H.No.1-2-637, Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 19 Sri K.V.Subba Rao, B.A., S/o Sri K.Venkata Ratnam R/o 1-3-4, Srinivas Nagar Camp, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 20 Sri. A.Venugopal, B.Com., S/o Sri A.Nageswara Rao R/o Qr.no.C/New-42, Shankarnagar, Nizamabad District-503 108. impladed as per court order in WPMP7963/03 dt: 29.4.03. 21 Sri.S.Satyanarayana, Inter, S/o Sri S.Mahadev R/o MIG-57, Housing Board Colony, Shankarnagar-503 108. impladed as per court order in WPMP7963/03 dt: 29.4.03. 22 Sri.R.Vittal, B.A., S/o Sri R.Ramulu R/o a.P.P.Camp, Yedpally Mandal-503 235 impladed as per court order in WPMP7963/03 dt: 29.4.03. 23 Sri.P.Laxmaiah, S.S.C., S/o Sri Narasaiah R/o BR/224 Near Tree Remple, Shankarnagar-503 108. impladed as per court order in WPMP7963/03 dt: 29.4.03. 24 Sri.B.Bhoodaiah S/o Sri Yellaiah R/o 1-18/2, Achampally, Shankarnagar. impladed as per court order in WPMP7963/03 dt: 29.4.03. 25 Sri Shaik Aleem S/o Sri Fakir Mahameed R/o 1-1-433/A1, Raksipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 26 Sri P.Bhoomaiah S/o Sri Sayanna R/o 2-6-77, Ekachakrnagar, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 27 Sri P.Ramachandra S/o Sri P.Gangaram, R/o 1-2-557, Rakasipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 28 Sri.M.Nagaiah S/o Sri P.Gangaram R/o 4-7-441, Dhobigally, Shakarnagar, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 29 Sri. Syed Omer S/o Sri Sattaiah R/o 4-1-428 , Aneesa Nagar, Shakarnagar, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 30 Sri.B.Narasaiah S/o Sri. Balaiah R/o 4-1-449 , Raksipet, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. 31 Smt.Kalalanai W/o Ramesh R/o Janakamma Nivas, L.B.S.Nagar, Bodhan, Nizamabad District. impladed as per court order in WPMP7963/03 dt: 29.4.03. .....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, Order or direction, more particularly one in the nature of Writ of Mandamus:- (a) Declaring the action of the respondents in issuing G.O.Ms.No.9 Higher Education (CE.II.2) Department dt: 12.3.2003 as bad in law, and violative of Article 14 of the Constitution of India, (b) Direct the respondents to consider taking over of the Lecturers occupying un-aided posts in view of a decision to take over the entire College under the 3rd respondent Society together with its assets along with the aided staff. Counsel for the Petitioners: MR.SIVA Counsel for the Respondent No.1 &2: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.3: MR N.VASUDEVA REDDY Counsel for the Respondent Nos.4 to 31: MR V.TULASI REDDY The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU W.P.Nos.5786, 14882, 5491, 5717, 7760, 7398, 5425 AND 5412 OF 2003 COMMON ORDER: Since the issue involved in these writ petitions is similar, they are being disposed of by this common order. All these writ petitions are filed challenging condition No.5 in para-4 of the conditions to the effect that no member in the teaching and non-teaching in unaided posts shall be taken over, as mentioned in G.O.Ms.No.9 Higher Education (CE.II.2) Department dated 12-03-2003 and G.O.Ms.No.10, Higher Education (CE.II.2) Department, dated 12-03-2003, issued by the Government while taking over the management of two colleges namely 1) A.B.V. Degree Colleges and 2) Madhu Malancha Educational Society, as illegal and arbitrary. The brief facts that are necessary for disposal of the present writ petitions may be stated as follows: The petitioners in W.P.No.5786, 14882, 5491, 5717, 7760 and 7398 of 2003 are working as part time/contract lecturers in different science subjects in unaided posts in A.B.V. Degree College, whereas the petitioners in W.P.Nos.5425 and 5412 of 2003 are working in Madhu Malancha Educational Society. The petitioner in W.P.No.5786 of 2003 was appointed as part time lecturer in History with effect from 28-11-1987 vide proceedings No.A/ABV BC/Estt./87, dated 28-11- 1987 of the principal, A.B.V. Degree College, Janagoan and he has been continuing as such and completed 16 years of service. The petitioners in W.P.No.14882 of 2003 were appointed as part time lecturers in different science subjects with effect from 16-06-2000, 16-06-2000, 16-06-2000, 16-06-2000, 18-06-2002, 18-06-2002 and 18-06-2002 respectively in A.B.V. Degree College. The petitioners in W.P.No.5491 of 2003 were appointed as lecturers in different science subjects in A.B.V. Degree College by a duly constituted selection committee on consolidated pay basis, vide proceedings dated 14-06-1996 in unaided posts. The petitioners in W.P.No.5717 of 2003 were appointed as non-teaching staff in the cadre of Clerks and Assistants etc in A.B.V. Degree College in unaided posts. The petitioners in W.P.Nos.7760 and 7398 of 2003 were appointed as Lecturers in Botany and Sociology on contract basis in the unaided posts from in September, 2002 by a duly constituted selection committee in A.B.V. Degree College. In pursuance of the representation made by the College to the Government on 26-07-2001 for taking over the its management by the Government, the Government issued orders in G.O.Ms.No.10, Higher Education (CE.II.2) Department, dated 12-03-2003 under Sub-section (1) of Section 60 of the A.P. Education Act, 1982 (for short ‘the Act’), subject to the conditions satisfied therein. One of the conditions laid down in the G.O. is that no member in teaching and non-teaching in unaided posts shall be taken over. Challenging the same, the present writ petitions are filed. The petitioners in W.P.No.5425 and 5412 of 2003 were appointed as part time lecturers in different science subjects, by a duly constituted selection committee in Madhu malancha Educational Society and the selections were made in accordance with G.O.Ms.No.12, dated 20-01-1992. Basing on the request of the lecturers coupled with the resolution of the Educational Society to take over the management of the college, the Government issued G.O.Ms.No.9, Higher Education (CE.II.2) Department, dated 12- 03-2003 taking over the management of the college, under Sub-Section (1) of Section 60 of the Act, stipulating certain conditions therein. Challenging the same, the present writ petitions are filed. Detailed counter affidavits have been filed by the respondents admitting that in pursuance of the representations of the A.B.V. Degree College, dated 26-07-2001 and Madhu Manchala Educational Society to the Government requesting to take over the colleges, the Government issued G.O.Ms.No.10 Education dated 12-03- 2003 and G.O.Ms.No.9, Higher Education (CE.II.2) Department, dated 12-03-2003 respectively taking over the colleges, under Sub-Section (1) of Section 60 of the Act, stipulating certain conditions therein. The petitioners, who are working on temporary/contract basis, cannot be admitted to grant-in-aid unless and until the unaided courses are admitted to grant-in-aid even though they were selected through selection committee constituted as per G.O.Ms.No.119, dated 22-03-1991 and appointed duly following the procedure laid down in G.O.Ms.No.12, dated 10- 01-1992. Since all the petitioners are appointed on temporary/contract basis, they cannot question the said Government Orders and there are no grounds to interfere with the same. Mr. M. Ramgopal Rao, learned counsel appearing for the petitioner in W.P.No.5786 of 2003 contended that the petitioner has completed 16 years of service as he was appointed as part time lecturer in History with effect from 28-11-1987 and that as per G.O.Ms.No.328 Education (CE.II.1) Department, dated 15-10-1997 his services have to be regularized. He also contended that the petitioners in W.P.No.14882 of 2003 were appointed as part time lecturers on consolidated pay in the year