IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12806 of 2000 Between: Singaraju Gayathri Jyothi ..... PETITIONER AND The Correspondent, Besant Theosophical College, Madanapalle, Chittoor District .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12806 of 2000 O R D E R: The writ petition is filed seeking to issue a Writ of Mandamus declaring the notification dated 27.06.2000 issued by the respondent with regard to the limited recruitment for scheduled caste candidates for the post of lecturer in statistics as illegal, and direct the respondent to regularize the services of the petitioner as lecturer in statistics, if necessary by sending proposals to the Government, and further direct the respondent to pay regular pay scales to the petitioner for the said post of lecturer in statistics. The recruitment of the petitioner by the respondent college as a lecturer was only a part-time arrangement. Admittedly, though the notification has been issued for the limited recruitment for the reserved category of scheduled tribe candidates, the recruitment has not taken place. However, there cannot be any recruitment by the respondent’s aided institution without the approval of the competent authority i.e. Commissioner of Higher Education. The so called notification issued by the respondent calling for applications from the Scheduled Tribe candidates only indicates that the scale of pay would be paid as per the A.P.Government norms. Though the said notification does not indicate any permission obtained by the Commissioner of Higher Education, in the counter it is stated that the impugned notification calling for applications from eligible candidates for the vacant post of lecturer was issued pursuant to the proceedings of the Director of Collegiate Education, A.P.Hyderabad in Lr.Rc.No.422/PCI-B/99, dated 04.07.1999 and Rc.No.3329/Admn.N-3/99, dated 13.06.2000, directing to fill up the vacancies only from scheduled caste/scheduled tribe candidates. No recruitment was taken place so far. This Court while admitting the writ petition on 18.07.2000 directed that any selection to the post of lecturer in statistics shall be subject to the result of the writ petition. Thereafter, further direction was issued in another WPMP by order dated 27.11.2000 directing to continue the petitioner in service as lecturer in statistics and pay salary attached to the said post. As long as the petitioner is not selected by the competent authority in aided vacant post, she is not entitled to claim the salary from out of the aided funds. If the management extracts any work, it is always open for the petitioner to claim the said wages from the respondent’s institution in appropriate proceedings. However, it is stated that she was appointed on temporary basis on payment of the remuneration @Rs.20/- per hour subject to the maximum of Rs.1440/- per month. It is stated that the said amount has been paid. The petitioner admittedly does not belong to scheduled caste or scheduled tribe community. The petitioner has not questioned the said letter of the Director of Collegiate Education permitting the respondent college to recruit the candidates only from scheduled caste and schedule tribe to fill up the backlog vacancy. The learned counsel for the respondent submitted that in view of the reduction of the strength of the students, they are not going ahead of any further recruitment and certain existing vacancies were also surrendered to the Government. If that be so, nothing survives in this writ petition. However, if any notification is issued for recruitment of the post of lecturer in the respondent’s institution, it is always open for the petitioner to participate and compete along with others, in accordance with law. The Writ Petition is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 09.12.2010 Dsr