THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10765 of 2009 DATE: 16-06-2011 Between: S.Moses .. Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Education (CE.II) Department, Hyderabad, and others .. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10765 of 2009 ORDER: This Writ Petition is filed to declare the proceedings of the 3rd respondent in Procs.Rc.No.Admn.IB-2/1231/2001, dated 27.04.2007 and quash the same as being arbitrary, illegal, improper, unjust and contrary to law and further direct the respondents to regularize/absorb the services of the petitioner in the cadre of Junior Lecturer as per G.O.Ms.No.302, Education Department, dated 23.08.1991 read with G.O.Ms.No.328, dated 15.10.1997 and as per the judgment in W.P.No.16044 of 1991 dated 17.11.2003, with all consequential benefits like seniority, monetary, etc. with effect from the date on which the petitioner completed the qualifying service. 2. The brief facts that are necessary for disposal of the present Writ Petition may be stated as follows: The petitioner is a Post Graduate in Political Science with 59.17% of marks and completed Master of Philosophy course from Sri Venkateswara University and he is fully qualified for the post of Lecturer in Political Science. He belongs to Backward Class (Group-C). He joined as part-time Junior Lecturer in Political Science/Civics in the 5th respondent college on 27.12.1987 and continued upto 31.03.1988 and his services were terminated by the Management during summer vacation. He worked as part-time Junior Lecturer from 01.07.1988 to 31.03.1989, 01.07.1989 to 31.03.1990 and 01.07.1990 to 31.03.1991 during the academic years 1988- 89, 1989-90 and 1990-91 respectively and he worked as such for more than 3½ years continuously in the said College. The 5th respondent did not issue any appointment orders to the petitioner during the academic year 1991-92 in spite of his requests. The Government of Andhra Pradesh issued G.O.Ms.No.302, Education Department dated 23.08.1991 stating that the part-time Junior Lecturers working in private Degree/Junior Colleges may be considered for appointment after selection by the Andhra Pradesh College Service Commission through a limited recruitment by adopting the procedure prescribed in the said G.O. The eligibility for selection of Junior Lecturers is that one must possess the Post Graduation with 50% or more marks and put in 2½ years of service as part-time Junior Lecturer and were continuing in service on the last date of instructions of the academic year 1990-91 and were serving as on the date of proceedings to be issued by the Director of Intermediate Education to the Principals of private Junior Colleges calling for the information of part-time Junior Lecturers eligible for the said post. As per the said G.O., he is eligible for the post of Junior Lecturer in Political Science/Civics in the 5th respondent College after due process of selection. The 5th respondent discontinued his services only to deprive the benefit of the above said G.O. Therefore, he is entitled for regularization of his services as Junior Lecturer in Political Science/Civics pursuant to the said G.O. and as per the Government instructions, the 6th respondent shall submit his particulars to the 3rd respondent. Hence, the writ petition. 3. Heard learned counsels appearing on either side. 4. By virtue of the impugned proceedings in Procs.Rc.No.Admn.IB- 2/1231/2001, dated 27.04.2007, it is informed to the petitioner that the Government has taken a policy decision and there is ban for filling up of the vacant aided posts in Private Aided Junior Colleges in the State vide G.O.Ms.No.35, HE (CE-II) Department, dated 25.03.2006. Therefore, the petitioner Sri S.Moses, former part-time Junior Lecturer in Political Science/Civics at DRW Junior College, Gudur, Nellore District is informed that his request for regularization/absorption of his services as Junior Lecturer in the above College at Gudur, Nellore District is not feasible for compliance. As per G.O.Ms.No.35, dated 25.03.2006, there would be a general ban on filling up of vacant aided posts in private aided Junior/Degree Colleges. So, when there is a ban, the question of absorption or regularization of petitioner’s services, does not arise. Therefore, the impugned proceedings need no interference by this Court. 5. Therefore, leaving open the remedies available to the petitioner under law, the writ petition is dismissed. It is needless to observe this order would not come in the way of respondents in considering the absorption/regularization of petitioner for the post of Junior Lecturer in Political Science/Civics in case ban is lifted by Government. There shall be no order as to costs. _____________ K.C.BHANU, J 16-06-2011 MR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10765 of 2009 DATE: 16-06-2011 MR