THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NOS.13327 OF 2001 AND 18153 OF 2009 COMMON ORDER Heard both the counsel. 2. Since the parties are common and the subject matter is connected, both the writ petitions are being disposed of by this common order. 3. The petitioner in both the writ petitions is one and the same. As per the averments made in the writ affidavits, the case of the petitioner is that he is a post graduate in English with 58 per cent of marks and also passed M.Phil. and National Eligibility Test and thus fully qualified for the post of a Lecturer. He was appointed as a part time Lecturer in English in the 5th respondent – Hindu College, Guntur on 26.10.1998 and subsequently, as one of the Lecturers in English Department, namely Ms. G.Hema Malini Rani, who was a permanent Lecturer in English, applied for long leave, for a period of two years, he was appointed in the said post on 28.6.2000 and since then he has been working. His further case is that there are twelve posts in the Department of English and out of the said posts, three were already filled up and five posts were filled up in September, 2000 with scheduled caste candidates. The 2nd respondent – Commissioner of Collegiate Education, issued proceedings in Rc.No.1123/Admn.VI-2/2001-02 dated 1.6.2001, to fill up the aided posts of teaching/non-teaching staff by clearing SC/ST back log vacancies. Pursuant to the said notification, the 5th respondent – college has issued notification dated 23.6.2001, calling for the candidates belonging to SC and ST categories, reserving two posts of SC and two posts for ST candidates in the Department of English. Aggrieved by the said notification, in filling up the posts only in the English Department with SC and ST candidates and thus depriving him for being absorbed to an aided post, he filed the writ petition in W.P.No.13327 of 2001. 4. The further case of the petitioner is that pursuant to the proceedings of the 2nd respondent – Commissioner of Collegiate Education, in Rc.No.2536/Admn.VI- 2/2000 dated 19.12.2000 to fill up the unaided Lecturer posts in terms of G.O.Ms.No.12, Education dated 10.1.1992, the 5th respondent – College issued notification calling for the applications and accordingly he applied for the said post and was selected by a five men committee on 5.10.2001. The college by letter dated 1.10.2003 addressed to the Director of Collegiate Education, A.,P., Hyderabad sought for absorption of the petitioner, into grant-in-aid post. Aggrieved by the inaction of the respondents in considering his case for absorption into grant-in-aid post, pursuant to the letter of the 5th respondent – college dated 1.10.2003, though he is working since ten years with a meager salary, he filed the other writ petition in W.P.No.18153 of 2009. 5. Counter affidavits are filed on behalf of the Government and the College, denying the averments of the petitioner and seeking to dismiss the writ petition and the petitioner filed reply affidavits. 6. From the above averments it could be seen that there is no dispute that the petitioner is fully qualified to be appointed as Lecturer in the Department of English in the 5th respondent – College. He was appointed as part-time Lecturer in the College on 26.10.1998 and subsequently as substitute Lecturer from 28.6.2000. He is challenging the notification issued by the college dated 23.6.2001 in reserving two posts for SC and two posts for ST. His grievance is that the entire roster of reservation is being implemented only in English Department and the same is not being followed in other departments and, thereby his chances for absorption are jeopardized. From the counter affidavit filed by the official respondents, it could be seen that the Government in G.O.Ms.No.1302 Edn. Dated 10.8.1972 issued instructions to all the private colleges that they should maintain reservation to SC/ST and B.Cs in regard to appointments and the same G.O. was communicated to all the private aided and affiliated colleges in the State through the Procs. RC.No.3752/K.II-3/71 dated 31.8.1972 and again another proceedings was issued to all the private aided and affiliated colleges in the State (Vide Procs. Rc.No.230/K.II- 3/79-1 dated 14.5.1979, for strict implementation of the instructions of the Commissioner/Director of Higher Education, in regard to rules of reservation. Subsequently, the respondent no.2 Department was issued instructions to all the private aided/affiliated colleges in the State from time to time. Government. in G.O.Ms.No.599 Edn. (J) Dept., dated 30.12.1983 issued instructions to treat the college as unit for following the rule of reservation, and the same was communicated to all the aided/affiliated colleges in the State through the Proc. Rc.No.249/K.2-3/84 dated 16.1.1984. It is stated that the Government recently issued orders in G.O.Ms.No.214 and 215 GAD dated 8.5.2001 and in view of the clarification issued by the Government in their orders No.5807/ROR-2/2001 dated 24.5.2001, the Department have conducted the meeting with the Correspondents/Principals of Aided Colleges in the State and verified the vacancy position and back log position and accordingly permitted the management to fill up the back-log vacancies. In the Hindu College, Guntur the total back-log of SC/ST are 10 (5 SC & 5 ST). Accordingly after verify the aided strength and work-load of each Department including the Department of English, permitted the correspondent/management of Hindu College, Guntur, ie., the 5th respondent, to fill up the teaching posts i.e., lecturer posts 7 (i.e., 4 for SC and 3 for ST) Vide CCE’s Procs.Rc.No.1123/Admn.VI-2/2001-2 dated 1.6.2001. The 5th respondent college has notified 4 vacant posts in English i.e., 2 each for SC & and ST categories on 23.6.2001. 7. From the above averments made in the counter affidavit it is clear that by virtue of G.O.Ms.No.599, Edn (J) Dept., dated 30.12.1983, the college was treated as one unit for following the rule of reservation and thereafter necessary instructions were issued to all the managements of the private aided colleges to follow the rule of reservation and in pursuant thereafter, the college issued notification dated 23.6.2001, for filling up the vacant posts of four posts of lecturer in English, reserving two for SC and ST candidates. In view of the averments made and having regard to the facts and circumstances, the challenge to the notification dated 23.6.2001, cannot be sustained and the writ petition in this regard is liable to be dismissed. 8. Pursuant to the proceedings of the 2nd respondent – Commissioner of Collegiate Education, in Rc.No.2536/Admn.VI-2/2000 dated 19.12.2000 to fill up the unaided Lecturer posts in terms of G.O.Ms.No.12, Education dated 10.1.1992, the 5th respondent – College issued notification calling for the applications and accordingly the petitioner applied for the said post and was selected by a five men committee on 5.10.2001. The college by letter dated 1.10.2003 addressed to the Director of Collegiate Education, A.,P., Hyderabad sought for absorption of the petitioner. But the same was not considered by the respondents. 9. Since the petitioner was selected by the five men committee for the post of lecturer pursuant to the notification issued by the college and that the college also by letter dated 1.10.2003 addressed to the Director of Collegiate Education, A.P., Hyderabad for absorption and as no orders have been passed, it is expedient to direct the authority to consider the letter dated 1.10.2003 addressed by the college in accordance with law and pass appropriate orders. 10. In similar circumstances, where Government was not considering the cases of lecturers working in the 5th respondent – college, for absorption, even after addressing of the letter by the college dated 9.3.2006 furnishing necessary information with regard to all the lecturers working in the said college, this court in W.P.Nos.5999 and 6001 of 2006 dated 11.08.2011, passed the following directions: “ The grievance of the petitioners is that the respondents 1 to 3 are not taking any action to absorb them to conclude one way or the other in the matter so that they can pursue their remedies and the matter is kept pending since 2006. The petitioners have also claimed that they are entitled to be absorbed in aided vacant posts on regular basis, but since the matter is pending before the respondents 1 to 3, it may not be proper at this stage to go into this question. Hence, the respondents 1 to 3 are directed to immediately take a decision in the matter regarding absorption of the petitioners into aided vacant posts within two months from the date of receipt of a copy of this order. Thereafter, if the decision of the respondents goes against them, the petitioners shall be at liberty to approach this court.” 11. In view of the above judgment and having regard to the facts and circumstances and for the foregoing reasons, W.P.No.13327 of 2001 is dismissed. 12. The W. P. No. 18153 of 2009 is disposed of directing the respondents to consider the letter addressed by the 5th respondent – College dated 01.10.2003, in accordance with law and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. 13. There shall be no order as to costs. AVS --------------------------------------- 27—08—2011