IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 400 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/02/2008 in WP NO : 18789 OF 2006 on the file of the High Court.) Between: Smt. Chinige Florence Nightgale, W/o. G.Prabhkara Rao Education, Andra University, Visakhapatnam. R/o. Plot No. 118, Sector 8, M.V.P. Colony, Visakhapatnam-17. ..... APPELLANT AND 1 Andra University, Rep. by its Registrar, Visakhapatnam. 2 Syam Babu S/o. Late M. Krupa Rao Andra University, Visakhapatnam. .....RESPONDENT(S) Counsel for the Appellant:MR.SATISH DESHPANDEY Counsel for the Respondent No.: MR.M.V.RAJA RAM The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) In this appeal, the order passed by the learned Single Judge in W.P.M.P.No. 29073 of 2007 in W.P.No. 18789 of 2007 has been challenged. The grievance in this appeal, which the appellant-petitioner has ventilated before this Court is with regard to the nomination of respondent No.2 to the post of Director of Physical Education Unit. By virtue of the order dated 12-9-2007, respondent No.2 has been nominated on temporary basis as Director of Physical Education Unit. Before the impugned order was passed, the appellant-petitioner was holding the said post as incharge of Physical Education Unit. Upon hearing the learned Advocates and looking to the relevant papers, we find that respondent No.1-University ought to have given regular appointment to the post of Director of Physical Education by inviting applications from suitable candidates as observed in the letter dated 20th June, 2007 written by the University Grants Commission. The learned Advocate appearing for the respondent-University has fairly submitted that regular appointment ought to have been made at an early date. However, because of certain reasons, according to him, the appointment has not been made to the post of Director of Physical Education Unit. Looking to the peculiar facts of the case, we direct respondent No.1-University to do the needful to fill up the post of Director of Physical Education Unit, within three months from today, in accordance with the relevant Rules and regulations. In our opinion, in view of the afrorestated direction, the stopgap arrangement, which has been made by virtue of the order dated 12-9-2007 need not be disturbed at this juncture as it is a temporary arrangement, and more particularly when the question of seniority between the appellant and respondent No.2 has not been finally decided by this Court. In view of the above, the appeal stands disposed of as partly allowed with no order as to costs. ____________________ ANIL R. DAVE, CJ 13th June, 2008 _________________________ R. SUBHASH REDDY, J GRR To 1. 2.2 CD copies