IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 20753 of 2004 Between: B. Vimala Devi, D/o. Sri B. Koteswara Rao, R/o. D.No. 7-1-23, Anjaneya Nagar, Opp : Tenali II-Town Police Station, Gangahamma Pet, Tenali, Guntur District - 522 201. ..... PETITIONER AND 1 R.B. V.R. Women's College, rep by its Secretary and Correspondent, Narayanguda, Hyderabad. 2 Commissioner of Collegiate Education, Government of A.P., Hyderabad. 3 State of A.P., Represented by its Secretary, Education Department, (Higher Education), Secretariat, Hyderabad. .....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 or order or direction especially one in the nature of Mandamus : (i) declare the impugned letter dated 25-10-2004 of the first respondent as illegal, arbitrary and without jurisdiction (ii) direct the respondents to appoint the petitioners as lecturer in Political Sciences in the 1st respondent college on the basic of her selection to the said post on the basic of the selections held to the said posts on 27- 7-2003; Counsel for the Petitioner: MR.V.JOGAIAH SARMA Counsel for the Respondent Nos. 2 and 3: GP FOR HIGHER EDUCATION The Court at the admission stage made the following : The Hon’ble Sri Justice K.C. Bhanu W.P. No. 20753 of 2004 O R D E R: The present writ petition is filed seeking to declare the impugned letter dated 25.10.2004 of the 1st respondent as illegal and arbitrary with a consequential direction to the respondents to appoint the petitioner as Lecturer in Political Science. The brief facts that are necessary for the disposal of the present writ petition may be stated as follows: The petitioner’s name was sponsored by the Employment Exchange for selection to the post of Lecturer in Political Science in the 1st respondent college by a letter dated 14.7.2004. The petitioner appeared before the selection committee and fared well. She was informed orally that she was selected for the post of Lecturer in Political Science. Thereafter, she made number of visits to the offices of the respondents concerned but no appointment order has been communicated. Therefore, she filed W.P. 14080 of 2004 for appointment as Lecturer in Political Science in pursuance of the selection held on 27.7.2003. The said writ petition was disposed of on 10.8.2004 directing the respondents to pass appropriate orders. Thereafter the impugned proceedings have been issued. Challenging the same, the present writ petition is filed. A counter affidavit has been filed on behalf of respondents wherein it is stated that the 1st respondent-college has notified the lone vacancy of Lecturer in Political Science for SC-C category on 29.11.2001 as per backlog. Due to the interim orders passed by this court in WPMP No. 311 of 2002 in W.P. No. 279 of 2002, filed by Smt. M. Srilatha, Part-Time Lecturer working in the same subject, the selections could not be finalized. The 1st respondent herein also filed counter in W.P. 279 of 2002 praying for vacation of interim orders passed in WPMP 311 of 2002. Subsequently this court modified the interim order by its order dated 13.2.2003 in WPMP 582/02 and WVMP 359/03 in W.P. 507/2002 filed by Smt. Jyothi directing the respondents to reserve one post in favour of the petitioner therein and further directing the respondents to go ahead with the selections as per notification dated 29.11.2001. Accordingly the selection committee met on 27.7.2003 for the post of Lecturer in Political Science. It was also resolved in the said selection committee meeting that the appointment shall be made subject to the decision of the High Court in WPMP 311/2002 in W.P.279/2002. In pursuance of the orders passed by this court, the petitioner was informed to await the final decision of this court in W.P. 279 of 2002 filed by M. Srilatha and therefore the impugned letter cannot be said to be illegal and without jurisdiction. The petitioner, who was not even declared as selected, cannot have any right and cannot compel the respondents to commit contempt of court and hence the respondents pray to dismiss the writ petition. Learned counsel for the petitioner contended that the selection has taken place on 27.7.2003 in which the petitioner was selected but on the frivolous ground of pendency of writ petition the petitioner’s case was rejected and therefore the impugned letter suffers from incurable legal infirmities. Hence he prays to quash the same and direct the respondents to appoint the petitioner as Lecturer in Political Science. Learned Government Pleader for the respondents 2 and 3 contended that the petitioner cannot have any right since the results in pursuance of the interviews conducted on 27.7.2003 have not been declared and the selection committee resolved to make appointments subject to the decision of this court in W.P. 279 of 2002 and that no right of the petitioner has been infringed. Hence the writ petition is devoid of merit. The fact that the petitioner’s name was sponsored by the Employment Exchange and in pursuance of call letter dated 14.7.2003 the petitioner appeared for the interview held on 27.7.2003 is not in dispute. The selection committee has not declared the results of the interviews conducted on 27.7.2003 for the post of Lecturer in Political Science. It is also not in dispute that the petitioner filed W.P. 14080 of 2004 wherein this court directed the 3rd respondent to pass appropriate orders for the appointment of Lecturer in pursuance of the interview conducted on 27.7.2003. Within two months thereafter the impugned proceedings have been passed by the 1st respondent on 25.10.2004, which reads as follows: “While inviting reference to the letter cited, I wish to inform that vide reference cited 2, the A.P. High Court had passed the following order in favour of Mrs. M. Srilatha, the petitioner: “Interim direction to the respondents to continue the petitioner as Lecturer in Political Science until further orders” Copy of the judgment is enclosed. In view of the above, it is felt that it is advisable to await the final decision in the matter”. This proceedings is under challenge. It is also not in dispute that one Srilatha filed WPMP 311 of 2002 in W.P. 279 of 2002 and obtained interim orders on 25.1.2002, which reads as follows: “Interim direction to the respondents to continue the petitioner as Lecturer in Political Science until further orders”. The said writ petition is pending. Another person by name Jyothi also filed W.P. 507 of 2002 to direct the respondents to continue her as Lecturer in Telugu. This court by way of interim order dated 23.1.2002 granted interim direction and notice. That order was modified by an order dated 13.2.2003 to the extent of reserving one post in favour of the petitioner and further directing the respondents to go ahead with the selection as per the notification dated 19.11.2001. The reason for not declaring the results in pursuance of the interviews held on 27.7.2003 is that the selection committee resolved that the appointments should be made subject to the decision of the High Court in W.P. 279 of 2002. It is specifically stated that the results have not been declared. It is not known whether the petitioner was selected or not. Unless the petitioner is selected in the interview held on 27.7.2003, she cannot have any enforceable right to ask for giving appointment order. Since the selection committee resolved to make appointment subject to the decision of the High Court in W.P. 279 of 2002, the petitioner was duly advised to await the final decision. Therefore, the impugned letter does not suffer from any incurable legal infirmities so as to call for interference of this court. No right whatsoever of the petitioner has been infringed. She cannot have any enforceable right to claim appointment as Lecturer in Political Science. The writ petition is devoid of merit and it is accordingly dismissed at the stage of admission. No costs. __________________ K.C. Bhanu, J. Date: --01—2005. MVB. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary and Correspondent, R.B. V.R. Women's College, Narayanguda, Hyderabad. 2 Commissioner of Collegiate Education, Government of A.P., Hyderabad. 3 The Secretary, State of A.P., Education Department, (Higher Education), Secretariat, Hyderabad. 4. 2CCs to Government Pleader for Higher Education, High Court Buildings, Hyderabad (OUT). 5. 2CD copies.