HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16053 of 2011 Date of Order:14.06.2011 Between: G.Sujay Kumar ..Petitioner and Vikram Simhapuri University, rep. by its Registrar and another ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.16053 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the action of respondent No.1 in not selecting the petitioner in faculty recruitment for the post of Assistant Professor against the post earmarked for General Category in notification, dated 02.06.2009, as illegal and arbitrary and consequently direct the 1st respondent to absorb the petitioner as Assistant Professor against the post earmarked for General Category. 2. The brief facts, that are necessary for disposal of the writ petition, are stated as follows: The petitioner has been working as Teacher (Academic Consultant) in Marine Biology Department in the 1st respondent University since 2008, having been selected by the 1st respondent by issuing notification under the caption of walk in interview. The petitioner was awarded Ph.D. in the year 2006 by Sri Venkateswara University, Tirupati. Ever since the selection as Teacher (Academic Consultants) in the 1st respondent-University, the petitioner has been teaching classes to the expectations of the 1st respondent-University. The Government of Andhra Pradesh had taken a decision to constitute more Universities in order to expand Higher Education in the State of Andhra Pradesh and thereby, Vikrama Simhapuri University was established vide G.O.Ms.No.89, Higher Education (UE.II) Department, dated 25.06.2008. Pursuant to the constitution of the Vikrama Simhapuri University, the Government of Andhra Pradesh had initially sanctioned six courses. The 1st respondent University issued walk in interview notification and invited applications from eligible candidates for the post of Teachers (Academic Consultants). Walk in interviews were held on 19.09.2008, whereunder nine candidates were selected. Among those nine candidates five candidates have requisite educational qualification and eligibility in terms of instructions issued by the University Grants Commission for appointment to the post of Assistant Professor and Associate Professor. It is the case of the petitioner that pursuant to the notification of the 1st respondent, he applied for the post of Assistant Professor for the subject Marine Biology, since he had requisite educational qualification for the post of Assistant Professor and Associate Professor in terms of educational qualification prescribed by the UGC and appeared for interviews held on 10.09.2009 and 11.09.2009. But he has not been selected to the post of Assistant professor on the ground no post was earmarked in the notification for SC category for the subject Marine Biology and the 1st respondent declined to consider the candidature of the petitioner as Assistant Professor against the roster point No.5 for Assistant Professor in the Faculty of Marine Biology. Two of the candidates among the five qualified candidates appointed as Academic Consultant in walk in interview were selected for the post of Assistant Professor and Associate Professor in the above notification for Faculty Recruitment. In the recruitment notification, dated 25.04.2011, the post of Assistant Professor was notified in Marine Biology, which was already notified in the earlier notification with roster point No.5, which shows that in spite of having eligibility, the petitioner was not selected for the post of Assistant Professor and the mode of conducting interviews is to seek demonstration of Lecture in a given subject. Hence, the writ petition. 3. The grievance of the petitioner is that he was fully qualified and eligible for the post of Assistant Professor. Though he belongs to the Schedule Caste, his case has to be considered in the General Category, as there is a vacancy in the notification calling for the applications in the year 2009 and they are not filling up the posts. Therefore, his case may be considered in pursuance of the notification issued in the year 2009. 4. The selection process of 2009 has become final because one open category post to which the petitioner is seeking appointment has not been filled up as no other person is qualified and that post is again notified by a subsequent notification, dated 25.04.2011. No mala fides are attributed to the selection committee. Similarly there is no arbitrary action in not selecting the petitioner. The petitioner has no right to seek for appointment for the post of Assistant Professor, but in view of the fact that the second notification is issued notifying the post for which the petitioner is seeking appointment, the only remedy of the petitioner is to apply for the said post and he has to undergo the selection process in pursuance of the notification, dated 25.04.2011. 5. The writ petition is, accordingly, disposed of directing the petitioner to apply to the post notified in pursuance of the notification, dated 25.04.2011. There shall be no order as to costs. ______________ K.C. BHANU, J June 14, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16053 of 2011 Date: 10.06.2011 LMV