IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21208 of 2005 Between: G. Jagan Mohan Rao S/o Sambaisva Rao R/o Guntur ..... PETITIONER AND 1 The Commissioner and Director of Intermediate Education Andhra PRadesh, Hyderabad 2 The Regional Joint Director of Intermediate Education Guntur 3 SGHR & MCMR Junior College Guntur rep by Correspondnet 4 B. Bushi Reddy attender SGHR & MCMR Junior College, Guntur .....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 or order or direction more particularly one in the nature of Writ of Mandamus declaring as illegal, arbitrary and without jurisdiction and proceedings of the 1st Respondent issued in Rc. No. Spl. camp at Guntur/Prakasam/Nellore/Admn-A1/2005 dated 16-08-2005 and issue a consequential direction to the Respondents to continue the petitioner in the 3rd Respondent College and pass such other or further order or orders as are deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.D.V.SITARAMAMURTHY Counsel for the Respondents: GP FOR EDUCATION The Court made the following : ORDER: This writ petition has been filed by Sri G. Jagan Mohan Rao assailing the action of the 1st respondent in declaring him as surplus in 3rd respondent-Junior College and transferring him to the Government Junior College, Bellamkonda, Guntur District. 2. The petitioner joined in the 3rd respondent-Junior College on 03.11.1980 in an un-aided post. The post came to be admitted to grant- in-aid with effect from 16.04.1990 along with several other posts by the State Government vide G.O.Ms.No.171 Education, dated 12.07.1990. On identifying the surplus staff, both teaching and non-teaching, working in various private aided junior colleges, the Commissioner and Director of Intermediate Education, Hyderabad-1st respondent directed the 3rd respondent-Junior College to surrender two non-teaching posts i.e. one Senior Assistant and one Attender on the ground of surplus in terms of G.O.Rt.No.890 dated 02.08.1996. In response to the same, the 3rd respondent-Junior College surrendered Mr.P. Venkat Reddy, Senior Assistant and Mr.B. Bushi Reddy, Attender-4th respondent. Subsequently, proceedings came to be revised finding the petitioner as a surplus attender and thereupon he has been transferred to the Government Junior College, Bellamkonda. The said proceeding is under challenge in this writ petition. 3. An order of status-quo came to be granted on 29.09.2005 in this writ petition, while ordering notice before admission. Respondent Nos.1 and 2 entered appearance and filed W.V.M.P.No.424 of 2006. The said vacate petition came to be allowed on 27.03.2006 and thereby the status-quo order granted on 29.09.2005 stood vacated. 4. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Higher Education. 5. The learned counsel appearing for the petitioner submits that the petitioner is senior to the 4th respondent and hence the 4th respondent is to be shown as surplus in the 3rd respondent-Junior College. 6. I have gone through the counter-affidavit filed on behalf of respondent Nos.1 and 2, wherein it is stated that the petitioner and the 4th respondent along with another attender joined in the 3rd respondent- Junior College on 03.11.1980. Indisputably, the 4th respondent herein is elder to the petitioner, more precisely the date of birth of the petitioner is 01.05.1958, and whereas the date of birth of the 4th respondent is 01.08.1953. Respondent Nos.1 and 2 specifically stated in the counter- affidavit that the 4th respondent is senior to the petitioner and therefore the petitioner has been found to be surplus attender in the 3rd respondent-Junior College. Indisputably, the petitioner is younger to the 4th respondent and since both of them joined on the same date, the 4th respondent has been shown as senior to the petitioner. The procedure adopted by the 3rd respondent-Junior College in fixing the seniority cannot be found fault. As the petitioner being the junior most among the attenders, he has to be removed from the 3rd respondent-Junior College, in terms of G.O.Rt.No.890 Education dated 02.08.1996. The writ petition is devoid of merits and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed. No costs. ______________________ B. SESHASAYANA REDDY,J 6th July, 2009. CBS HON’BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.21208 of 2005 (Dismissed -NC) 6th July, 2009 CBS