THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No. 25598 of 1999 ORDER: The 2nd respondent is a Degree College, admitted to grant-in- aid. It issued a notification on 30-09-1997, inviting applications for various posts. One post was the Lecturer in Political Science, reserved in favour of BC ‘B’ category. The petitioner belongs to that category and submitted his application. The Selection Committee, constituted in terms of G.O.Ms.No.12, Education (CEI-2) Department, dated 10-01-1992, selected the petitioner for that post. However, order of appointment could not be issued, on account of interim order passed by this Court in W.P.M.P.No.32034 of 1997 in W.P.No.17533 of 1997, dated 23-10-1997. The petitioner got himself impleaded in that writ petition, and at his instance, the interim stay was vacated, on 16-12- 1998. The file relating to the selection of the petitioner was forwarded to the Commissioner of Collegiate Education, the 1st respondent herein, for approval. Through his proceedings dated 03-05-1999, the 1st respondent informed the petitioner that, according to the roster for the college, the Lecturer in Political Science must be filled by a candidate belonging to the BC ‘B’ (Woman) category, and in that view of the matter, the selection of the petitioner cannot be approved. This writ petition is filed against the same. The petitioner contends that the advertisement was clear in its purport, and the post of Lecturer in Political Science was reserved in favour of BC ‘B’ candidate, and the selection was undertaken by a committee constituted by the competent authority, and in that view of the matter, it was not at all open to the 1st respondent to reject the case of the petitioner, for approval. The writ petition was admitted way back in the year 1999, and though 11 years have elapsed, the 1st respondent has not chosen to file any counter-affidavit. Heard the learned counsel for the petitioner, learned Government Pleader for Higher Education, and learned counsel for the 2nd respondent. Whenever appointments are to be made in the educational institutions, admitted to grant-in-aid, the prior permission of the competent authority is necessary. It is only after the permission is accorded, that advertisement has to be issued and selection process is to be undertaken. The Government has the last word, in stipulating the pattern of reservation, availability of vacancies, etc. In the instant case, the 2nd respondent issued advertisement on 30-09-1997, only after obtaining clearance and approval from the 1st respondent. It was clearly mentioned that the Lecturer in Political Science is reserved in favour of BC ‘B’ category. It is not as if the management alone proceeded with the selection. Representative of the Government and representative of the University are present in the selection committee, and the petitioner came to be selected. No one raised any objection, as to the reservation of the post, in favour of BC ‘B’ candidates. It is only at the stage of according approval, or ratifying the selections, that the 1st respondent raised a plea that the post was reserved in favour of BC ‘B’ (W), and rejected the case of the petitioner. It was totally impermissible and untenable for the 1st respondent to reject the case of the petitioner. It must not be forgotten that the identification of the post, for BC ‘B’ category; was by the office of the 1st respondent alone. The 2nd respondent has no say in the matter. Once advertisement was issued and selection has taken place, it is not at all open to the 1st respondent to take the plea, that the post was reserved in favour of another category. While admitting the writ petition, this Court passed interim order, directing the respondents to approve the selection of the petitioner. Further direction was issued to the effect that the next post shall be earmarked in favour of BC ‘B’ (W). The undertaking in that record was already obtained. The petitioner is continuing in the post, ever since then. Hence, the writ petition is allowed, as prayed for, in all respects. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.24-06-2010. KO