IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8591 of 2008 Between: C. Thirupal Reddy S/o C. Narayana Reddy S.V. University, Tirupati, R/o 10-171B, New Maruthi Nagar, Tirupati, Chittoor District. ..... PETITIONER AND 1 The Government of A.P., rep by its Principal Secrtary, Higher Education Department, Secretariat, at Hyderabad. 2 SRi Venkateswara University, Neelam Sanjiva Reddy Bhavan, Tirupati, Chittoor District rep by its Registrar. 3 The Vice Chancellor, Sri Venkateswara University, Neelam Sanjiva Reddy Bhavan, Tirupati, Chittoor District. 4 The Head, Departmetn of Linguistic and Foreign languages, S.V.U. College of Humanities, Tirupati, Chittoor District. 5 Dr. Smt. G. Aruna, Asst. Professor, Linguistic and Foreign languages Deparment, S.V.U. College of Humanities, Tirupati, Chittoor District. .....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 a Writ, order or direction more particularly one in nature of writ of mandamus to set a side the Advertisement No. E.II(2)/ADVT.(1)/2006, dated 10-11-2006 issued by the 2nd respondent in so far as posts notified for Associate Professor in Foreign Languages and Linguistics reserved O.C. (W) by declaring the action of the 2nd respondent in notifying the said post by changing the roaster by converting the OC to that of OC (W) vide Advertisement No. E.II(2)/ADVT.(1)/2006, dated 10-11-2006 as illegal, arbitrary and contrary to principles of law and violative of Articles 14 and 16 (1) of the Constitution of India and also vioaltive of guidelines issued by University Grants Commission and Government of Andhra Pradesh and consequently to set a side the appointment orders of the 5th respondent vide proceedings No. E.II/2/2007(Appointments) dated 3-7- 2007 and direct the 2nd respondent to re-notify the said post and conduct selections for the same immediately, in the interest of justice and pass such other or further orders as are necessary. Counsel for the Petitioner:MR.M.GANGA RAO Counsel for the Respondents : GP FOR HIGHER EDUCATION The Court made the following : ORDER: The petitioner is being engaged as Teaching Assistant by Sri Venkateswara University, Tirupathi, in the department of Linguistics from 2001 onwards. The University issued advertisement on 10.11.2006, proposing to select the candidates for appointment against various posts. One such post was the Assistant Professor in Linguistics Department. The petitioner, fifth respondent and other candidates applied for that post, and ultimately, the fifth respondent was selected and was appointed vide order, dated 03.07.2007. The petitioner challenges the very advertisement as well as the appointment of the fifth respondent. He further contends that though there is sufficient work for engaging Teaching Assistants, the second respondent is not continuing him in that assignment. Heard Sri M.Ganga Rao, learned counsel for the petitioner, learned Government Pleader for Higher Education and Sri K.Jagan Mohan Reddy, learned counsel for respondents 2 to 4. The challenge by the petitioner to the advertisement, dated 10.11.2006, cannot be entertained. The reason is that the petitioner himself applied in response to that advertisement. Therefore, he is estopped from challenging the notification. The fifth respondent was selected, in view of the fact that the vacancy was earmarked for OC (Woman). Further, the petitioner is not able to point out any serious legal infirmity in the advertisement. At any rate, the question of challenging the advertisement after a lapse of about one and half years, does not arise. Similarly, the petitioner cannot assail the appointment of the fifth respondent. Admittedly, the vacancy is earmarked for OC (Woman) and the petitioner cannot compete for that post. So far as the complaint of the petitioner as regards his continuance as Teaching Assistant is concerned, it is evident from a recent communication, dated 01.01.2008, between the Registrar of the University and the Head, Department of Linguistics that there existed a need for engaging Teaching Assistants in that department. For the foregoing reasons, the Writ Petition, insofar as it assails the advertisement, dated 10.11.2006, and appointment of the fifth respondent, vide proceedings, dated 03.07.2007, is dismissed, but the second respondent is directed to continue the petitioner as Teaching Assistant in the Linguistic Department as long as there exists work load, or till any other alternative arrangement is made. There shall be no order as to costs. ____________________ Dt.19.04.2008 L.NARASIMHA REDDY, J GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secrtary, Government of A.P., Higher Education Department, Secretariat, at Hyderabad. 2 The Registry, Sri Venkateswara University, Neelam Sanjiva Reddy Bhavan, Tirupati, Chittoor District. 3 The Vice Chancellor, Sri Venkateswara University, Neelam Sanjiva Reddy Bhavan, Tirupati, Chittoor District. 4 The Head, Department of Linguistic and Foreign languages, S.V.U. College of Humanities, Tirupati, Chittoor District. 5 Dr. Smt. G. Aruna, Asst. Professor, Linguistic and Foreign languages Deparment, S.V.U. College of Humanities, Tirupati, Chittoor District. 6 2CCs to GP for Higher Education (OUT). 7 2CD copies Form-NIC-OGS/WP{TRT}