THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.36804 OF 1998 DATED: 22nd July 2010. BETWEEN: Dr.G.P.Maddaiah .. PETITIONER AND Sri.Venkateswara University Rep. By its Registrar, Tirupathi and another .. RESPONDENTS THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.36804 OF 1998 ORDER: This writ petition has been instituted seeking for a Writ of Mandamus to declare the action of the respondents-University in not regularizing the services of the writ petitioner as illegal and contrary to the judgment rendered by this court in W.A.No.945 of 1992 dated 24.11.1995. Consequently a direction was sought for to the respondents to regularize the services of the writ petitioner w.e.f. 25.1.1996 as Assistant Director-cum-Lecturer in 1st respondent-University. The writ petitioner possesses M.Sc (Zoology) degree and also Doctorate qualification of Ph.D. He has also acquired the B.Ed qualification with Biological Science and Telugu and M.Ed qualification with Educational Technology as specialization. He worked as a Research Associate in the Department of Zoology in 1st respondent-University between 1992-96. He was subsequently sanctioned Research Associateship by the Council of Scientific and Industrial Research (CSIR), New Delhi. He has also published twelve research papers in various national and international journals. He is a member belonged to B.C.(D) category. In the Directorate of Distance Education of 1st respondent-University the writ petitioner was initially appointed as a Teaching Assistant-cum-Tutor on 25.1.1996 on a consolidated pay. By the time he instituted this writ petition he had also completed three years of service. Therefore, he has sought for regularization of his service as such from the date of his initial engagement. The writ petitioner has pointed out that he was functioning in fact as Assistant Director-cum-Lecturer, against one of the four such posts in the Directorate of Distance Education. It should also be said to the credit of the writ petitioner that in paragraph 10 of the affidavit filed in support of the above writ petition he has stated that four more posts of Assistant Director-cum-Lecturers were sanctioned to the Directorate of Distance Education to share the increased work load and when the selections were made for those posts on 2.3.1997 the writ petitioner was not selected. However, since one of the vacancies of Assistant Director-cum-Lecturer in the Directorate of Distance Education is still vacant and unfilled he is continued in service and hence he instituted this writ petition with the prayer as referred to supra. Learned Standing Counsel for the 1st respondent-University Sri.K.Jagan Mohan Reddy submits that subsequent to the institution of this writ petition the writ petitioner appeared for selection to the post of Lecturer in Environmental Sciences, University College of Arts and Sciences of 1st respondent-University. He was selected and the selections were approved by Resolution No.1, dated 30-1-1999 passed by the Executive Council of the University. In furtherance thereof the 1st respondent-University has offered through its Proceedings No.E.II-2/99, dated 30.1.1999 the post of Lecturer in Environmental Sciences, University College of Arts and Sciences, Tirupathi in the scale of pay of Rs.2,200-4000/- and the writ petitioner accepted the said offer of appointment and joined the service of the University College of Arts and Science, Tirupathi as a Lecturer in Environmental Sciences on 1.2.1999. Therefore, the learned Standing Counsel submits that the writ petitioner having already been appointed on a regular basis as a Lecturer in Environmental Sciences in the University College of Arts and Sciences of 1st respondent-University, the cause in this writ petition does not survive. However, Ms.G.Jhansi, learned counsel appearing for the writ petitioner would submit that the subsequent selection and appointment of the writ petitioner as a Lecturer in Environmental Sciences on regular basis, should not result in denying or depriving the right of the writ petitioner to seek relief at the hands of 1st respondent-University for treating the service rendered by him from 25.01.1996 also as regular service. Ms.G.Jhansi, hence, submits that the writ petitioner would prefer a representation to the 1st respondent-University soliciting regularization or counting the service from 25.1.1996 also as regular service. It is needless to observe that if the writ petitioner chooses to make any such representation to the 1st respondent-University the same will be dealt with on its merits and appropriate decision would be taken by the 1st respondent-University. But, however, since the writ petitioner has already been selected and appointed as a Lecturer in Environmental Science in the University College of Arts and Science by direct recruitment, the relief prayed for in this writ petition cannot be granted in its terms. The writ petition, therefore, stands disposed of without costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 22nd July 2010 tnb THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.36804 of 1998 DATED: 22nd July, 2010.