HON’BLE SRI JUSTICE K.G.SHANKAR Writ Petition No.1132 of 2002 Date: 23-7-2013 Between D.Ch.Kataiah … Petitioner and G.V.S.R. & S.A.R. Junior College, Kollur, Guntur District, Rep. by its Correspondent; and 2 others … Respondents HON’BLE SRI JUSTICE K.G.SHANKAR Writ Petition No.1132 of 2002 Order: The petitioner seeks for a Writ of mandamus to declare the action of the 1st respondent in appointing the 3rd respondent as Junior Lecturer in History through proceedings dated 22-12-2001 as illegal and violative of G.O.Ms.No.214, General Administration (Services-A) Department, dated 08-5-2001 and to appoint the petitioner as Junior Lecturer in History in the college of the 1st respondent from the date on which the 3rd respondent was appointed. 2. The Government has issued G.O.Ms.No.12, Education (CEI-2) Department, dated 10-01-1992, providing procedure of selection of Lecturers and Junior Lecturers in Private Degree and Junior Colleges. Elaborate procedure was prescribed for the selection process of Lecturers in Private Colleges. There was another G.O. in G.O.Ms.No.214, General Administration (Services-A) Department, dated 08-5-2001, which was in respect of filling up of backlog vacancies of the Scheduled Castes and the Scheduled Tribes in various Departments. A Notification was issued under the proviso to Article 309 of the Constitution of India that notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules, 1996, Special Rules or Adhoc Rules as well as any other Rules governing the method of recruitment procedure adopted by various recruiting agencies for various categories of posts by direct recruitment, the method of selection by written examination and interview was dispensed with and the selection by the limited recruitment was on the basis of marks obtained in the qualifying academic examination. The main controversy in this case is whether G.O.Ms.No.214 is applicable to the present case or whether G.O.Ms.No.12 applies to the petitioner and the 3rd respondent. 3. There were backlog vacancies belonging to the Scheduled Castes Group-B. The 1st respondent issued proceedings dated 22-11-2001 appointing the 3rd respondent as a Junior Lecturer in History. The 2nd respondent issued proceedings dated 28-12- 2001 admitting the 3rd respondent to grant in aid. It is contended by the learned counsel for the petitioner that the selection of the 3rd respondent in preference to the petitioner is violative of G.O.Ms.No.213 and is liable to be set aside. 4. Sri S.Abhinand Kumar, learned counsel for the 3rd respondent, contended that G.O.Ms.No.214 was issued under the proviso to Article 309 of the Constitution of India and that consequently, the G.O. has no application to Private Degree and Junior Colleges and that it is only G.O.Ms.No.12 that applies to the Private Degree and Junior Colleges. 5. On the other hand, Sri P.V.S.S.S.Rama Rao, learned counsel for the petitioner, contended that G.O.Ms.No.214 relaxes the condition provided even by G.O.Ms.No.12 as it is not merely applicable to the Government Colleges but also to Private Colleges as well. 6. G.O.Ms.No.214 did not clearly spell out whether it is applicable to the Government Institutions only or does it apply to Private Institutions as well. For convenience, the operative portion of the G.O. is extracted below: “ NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following Adhoc Rules, namely:- AD-HOC RULE Notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules, 1996 and Special Rules and Adhoc Rules and any other rules governing the method of recruitment procedure adopted by various recruiting agencies for various categories of posts by direct recruitment, the method of selection by written examination and Interview (oral tests) for appointment by direct recruitment for filling up of backlog vacancies for Scheduled Castes and Scheduled Tribes in all categories of posts, be relaxed and that the selection for such limited recruitment of Scheduled Castes and Scheduled Tribes be made on the basis of marks obtained in the qualifying academic examinations by waiving written examination and interview (oral tests) to fill up the backlog vacancies and the vacancies shall be filled within two months. Provided that the Adhoc rule shall not be applicable for the selection procedure adopted for the posts under the purview of the Andhra Pradesh Public Service Commission.” 7. The learned counsel for the petitioner contended that the proceedings of the 2nd respondent dated 28-12-2001 refers to G.O.Ms.No.214 but does not refer to G.O.Ms.No.12 and that evidently, the selections for the limited recruitment was made on the basis of G.O.Ms.No.214. There is no dispute that the selection conducted by the 1st respondent was for filling up the backlog vacancies of the Scheduled Castes and the Scheduled Tribes. In that view of the matter, the special G.O. relaxing the conditions in G.O.Ms.No.214 is more applicable to the selection process. 8. The learned counsel for the 3rd respondent pointed out that there is a detailed procedure prescribed by G.O.Ms.No.12 and that it is specifically applicable to Private Degree and Junior Colleges whereas G.O.Ms.No.214 is a general G.O., having been issued under the proviso to Article 309 of the Constitution of India and that the same therefore is not applicable to the Private Degree and Junior Colleges. 9. A reading of G.O.Ms.No.214 does not clarify whether it is applicable to Private Degree and Junior Colleges or it does not. It is totally silent whether it is applicable to Government Institutions only or whether it applies to Private Agencies as well. 10. The learned counsel for the 3rd respondent pointed out that the Andhra Pradesh State and Subordinate Service Rules, 1996 apply to the teaching staff of Government Colleges but does not apply to the teaching staff of Private Colleges, who are governed by the Andhra Pradesh Education Act. He further pointed out that the reference to the Andhra Pradesh State and Subordinate Service Rules, 1996, Special Rules and Adhoc Rules in G.O.Ms.No.214 makes it clear that it is applicable to Government Agencies only. The G.O. reads that it is applicable ‘to various recruiting agencies for various categories of posts of direct recruitment’. It does not stipulate that various recruiting agencies of the Government but merely states various recruiting agencies for various categories of posts. Added to it, the proceedings of the 2nd respondent dated 28-12-2001 reads that the appointments were made under G.O.Ms.Nos.214 and 215. First of all, the very appointments were by way of limited recruitment. In that situation, the special G.O. in G.O.Ms.No.214 applies to the facts of the case where the 1st respondent-College was proceeding with the filling up of backlog vacancies. I thus conclude that it is G.O.Ms.No.214 that is applicable to the selection conducted by the 1st respondent and approved by the 2nd respondent. 11. The necessary corollary is that the selection ought to be on the basis of the marks in the qualifying examination and not on any other ground. There cannot be any oral interview. In between the petitioner and the 3rd respondent, while the 3rd respondent secured 58.8% of marks in the qualifying examination, the petitioner secured 69.7% of marks. Consequently, the 1st respondent ought to have selected the petitioner as Junior Lecturer in History instead of the 3rd respondent. Consequently, this writ petition deserves to be allowed. 12. Accordingly, the writ petition is allowed. The order of selection of the 3rd respondent through proceedings dated 22-12-2001 by the 1st respondent are held to be illegal and violative of G.O.Ms.No.214 and the respondents 1 and 2 are directed to appoint the petitioner as Junior Lecturer in History in place of the 3rd respondent with effect from the date on which the 3rd respondent was appointed with all consequential benefits. ___________________ K.G.SHANKAR, J. 23rd July, 2013. Ak HON’BLE SRI JUSTICE K.G.SHANKAR Writ Petition No.1132 of 2002 23rd July, 2013. (Ak)