IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18772 of 1998 Between: K.V.R.Junior College, rep by its Secretary & Correspondent Sri K.Venkata Rami Reddy, S/o.K.V.Ranga Reddy, R/o. Vanasthalipuram, Hyderabad, Rangareddy District. ..... PETITIONER AND 1 State of Andhra pradesh, rep.by its Secretary to Government (Higher Education) Secretariat Buildings, Hyderabad. 2 Director of Intermediate Education, Government of Andhra Pradesh, Hyderabad. .....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 to issue a Writ or order or direction especially one in the nature of Mandamus; (i) Compel the Respondents to permit the recruitment to the post of Junior Lecturer in Sanskrit in K.V.R.Junior College, Vanasthalipuram, Hyderabad; (ii) Declare the action of the respondents in not according the permission for making the recruitment to the post of junior lecturer in sanskrit as illegal, arbitrary and without jurisdiction; (iii) to grant such other relief or reliefs as this Hon'ble Court may be deem fit and proper in the circumstances of the case Counsel for the Petitioner: Ms.G.SWATI Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not according permission for making recruitment to the post of Junior Lecturer in Sanskrit in K.V.R. Junior College, Vanasthalipuram, Hyderabad as arbitrary and illegal. It is the case of the petitioner-College that the Government has issued permission to the College on 13.8.1982 for starting a Junior College. The petitioner college was admitted to grant-in-aid with effect from 1.4.1992 vide order dated 29.7.1992. Since there was some mistake in not ratifying Sanskrit as second language, the same was referred to the second respondent and the second respondent vide proceedings dated 20.2.1995 ratified the action of the petitioner- management in introducing Sanskrit as second language without obtaining prior permission of the Director from the year 1984-85 to 1994-95. Thereafter, on 2.3.1995 petitioner management sought permission of the second respondent to fill up the post of Junior Lecturer in Sanskrit. The second respondent vide proceedings dated 28.6.1995 informed that no post of Junior Lecturer in Sanskrit was sanctioned to the petitioner college, therefore question of permitting it to fill up the post of Junior Lecturer in Sanskrit does not arise. Whereas it is the contention of the learned counsel appearing for respondents that the post of Junior Lecturer in Sanskrit was not admitted to grant-in-aid and unless and until the same is admitted to grant-in-aid, the same cannot be filled up by the petitioner college. However, it is always open for the petitioner-management to open an unaided section of Sanskrit in view of ratification by the second respondent. From the above, it is clear that there is no bar for the petitioner college to open an unaided section of Sanskrit and to fill up those vacancies. However, unless and until the posts are admitted to grant- in-aid, the question of filling up those vacancies and seeking permission from the second respondent does not arise. In view of the above, the writ petition is disposed of leaving it open to the petitioner-management that if they are intending to start unaided section in the college and want to fill up the post of Lecturer in Sanskrit, the respondents shall not raise any objection for the same. The petitioner may seek admission of the said unaided post to grant- in-aid as and when necessary and it is for the respondents to consider the same as per law. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 4.4.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.18772 of 1998 4.4.2008