IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4772 of 2008 Between: 1 Samawesam of Telugu Bapist Churches CAM Compound Nellroe Rep.by its Chairman Board of Education,Sri P.Ananda Rao 2 Samawesam Of Telugu Baptist Churches College, Kurnool rep.by its Correspondent Sri rev.Dr.R.R.D Sanjeev Raju ..... PETITIONER(S) AND 1 The Govt of A.P rep.by its Secretary,Higher Education,(CE-III) Dept, Secretariat,Hyderabad 2 The Commissioner of Collegiate Education A.P.Hyderabad 3 Sri V.Amareshwar Rao S.V Arts & Science College Chagalamarri Kurnool Dist .....RESPONDENT(S) 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 declare the proceedings in Rc No.107/Admn-IV- 2/2008 dt.11-2-2008 passed by the 2nd respondent redeploying the 3rd respondent to the 2nd petitioner college as illegal without jurisdiction, arbitrary and unjust by issuing a writ of Mandamus or any other appropriate writ order or direction and pass Counsel for the Petitioner:MR.M.V.S.SURESH KUMAR Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4772 of 2008 ORDER: The 1st petitioner is a Minority Educational Institution and the 2nd petitioner is a College established by it. The 2nd respondent issued proceedings, dated 11.02.2008, temporarily re-deploying the 3rd respondent to the 2nd petitioner-college. It was mentioned that the 3rd respondent, who is working in S.V. Arts and Science College, Chagalmarri, Kurnool District, has become surplus, on account of lack of strength, and there is need of a Lecturer in Commerce in the 2nd petitioner-College, which is also admitted to grant-in-aid. The petitioners object to the re-deployment of the 3rd respondent on two grounds viz., that there is no work load for the 3rd respondent in their institution and that being minority institution, the 2nd petitioner cannot be compelled to take the 3rd respondent on its rolls. A representation is said to have been made by the petitioners on 18.02.2008 and it is alleged that even before any action is taken thereon, they are being compelled to permit the 3rd respondent to join their institution. Heard Sri M.V.S. Suresh Kumar, learned counsel for the petitioners and the learned Government Pleader for Higher Education appearing for respondents 1 and 2. It is not in dispute that the 2nd petitioner-College and the institution, where the 3rd respondent is hitherto working i.e., S.V.Arts and Science College, Chagalamarri are admitted to grant-in-aid. Normally, it is the prerogative of the Government to make adjustments as to posting in the institutions admitted to grant-in-aid, depending on the need. Hardly any distinction exists, in this regard, between minority and non-minority institutions. The only ground urged by the petitioners in their representation, dated 18.02.2008, is that being a minority institution, they cannot be compelled to take a Lecturer not recruited by them, on their rolls. No provision of law is cited. The precedents mentioned in the representation are on a different aspect. Therefore, the impugned order cannot be found fault with, on account of the fact that the 3rd respondent is being re-deployed in a minority institution, once it is evident that the institution is admitted to grant-in- aid. Learned counsel for the petitioners submits that there is no need in their institution for re-deployment of the 3rd respondent. However, in the impugned order, the 2nd respondent did mention that there is necessity for deployment of a Lecturer in the 2nd petitioner-college. If the petitioners intend to contradict that factual aspect, it shall be open to them to make a representation by 10.03.2008. The 2nd respondent shall examine the same and pass necessary orders by 14.03.2008. Till that time, he shall not compel the petitioners to permit the 3rd respondent to join the 2nd petitioner-college. The Writ Petition is disposed of, with the above observation. There shall be no order as to costs. _________ 07.03.2008 Note: Issue operative portion of the order by wire at party’s costs. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4772 of 2008 Date: 07.03.2008