IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 24892 of 2008 Between: 1 Chatrati Jwala Narasimha Murthy S/o.Bhimasankaram S.C.H.V.P.M.R. Govt. Degree College, Ganapavaram, West Godavari District. 2 Donkada Virajanand S/o.late D.R. Patnaik RRDS College, Bhimavaram, West Godavari District. presently working as Lecturer in Govt. Arts College, Rajahmundry, East Godavari District. 3 Pericherla Sivaji Raju S/o.Venkata Krishnam Raju CSTS Govt. Kalasala, Jangareddy Gudem, West Godavari District. 4 Suri Shyam Prasad S/o.Sita Ramanjaneyulu SAS Govt. College, Narayanapuram, West Godavari District. 5 Sayyaparaju Venkataramana Raju S/o.Appalanarasimharaju R.R.D.S. Govt. College, Bhimavaram, West Godavari District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by the Principal Secretary to Government, Education Department, Govt. of A.P., Secretariat Hyderabad - 500 004. 2 The Commissioner, Collegiate Education, Government of Andhra Pradesh, Nampally, Hyderabad - 500 001. 3 Andhra Pradesh Public Service Commission, Rep. by its Secretary, Nampally, Hyderabad - 500 001. 4 Regional Joint Director Collegiate Education, Rajahmundry, East Godavari District Pin: 533 101 .....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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring: i) that A.P. Taken Over Colleges Service Rules issued in G.O.Ms.No.96 dated 8.7.2008 by the Higher Education C1-1 Department are not valid and binding on these petitioners; that even other wise, they are not applicable to these petitioners who are staff members of the colleges taken over in the year 1978; that the seniority of these writ petitioners for the purpose of filling up the posts of Principals of the 5 taken over colleges of Bapi Raju Dharma Samstha need be fixed as contemplated U/Sec. 74 of Education Act, treating the entire West Godavari District as one unit so far as the taken over colleges are concerned, giving the benefit of Rule 3 (g) of the A.P. Education Service Rules. ii) That the inaction of the Respondents in not formally absorbing these petitioners as Government Employees and fixing up their seniority as stated above for the last more than 30 years, and not posting regular Principals by promoting the staff of these Colleges for these Colleges is highly arbitrary unjust improper, contrary to law and violative of the Fundamental Rules, equity and the Principles of natural justice. And consequently to grant the following reliefs:- a) To direct the respondents to fix up the seniority of these petitioners with effect from 20.9.1978, the date on which the 5 Degree Colleges were taken over in West Godavari District from the Dharma Samstha on which date, the management was vested in the Government, giving the benefit of Rule 3 (g) of the A.P. Education Service Rules by taking half of the prior service of these petitioners into consideration for the purpose, having regard to the provisions of Sec. 74 of the A.P. Education Act for the purpose. b) To direct the Respondents to consider about the eligibility of the Writ Petitioners for the posts of Principals for the 5 taken over colleges or other colleges without any further delay, and to appoint them as Principals, and to grant such other or further reliefs which the Hon'ble Court may be pleased to deem fit, just and proper in the circumstances of the case. Counsel for the Petitioners:SRI D.RAMALINGA SWAMY Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.24892 of 2008 ORDER: Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition giving liberty to the petitioners to file a fresh writ petition in view of the subsequent developments taken in respect of their claim. Permission is accorded. The writ petition is, accordingly, dismissed as withdrawn reserving the aforesaid liberty. No costs. ______________ N.V.RAMANA,J 08.12.2008 v v