IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21027 of 2003 Between: Dr.K.M.Arjuna Rao s/o. late K.Ramachander Rao Matha Bhavan's New Science College (day), Narayanaguda, Hyderabad ..... PETITIONER AND 1 The Govt.of A.P., repby its prl.Secty., Higher Education (CE.II-2) Department, Secretariat Buildings, A.P.Hyd. 2 The Commi/Dir. of Collegiate Education, A.P., Hydereabad 3 The Regional Jt.Dir., Zone 7, O/o. The Dir. of the Collegiate Education, A.P., Hyderabad 4 The Secretary & Correspondent, Bhavan's new Science college, Narayanaguda, Hyderabad 5 Mr.E.Narasimha Charyulu In-Charge Prl.Bhavan's New Science College (Day), Narayanaguda, Hyderabad .....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 issue a writ in the nature of certiorari or any other writ, order or direction by calling for the records relating to the letter dt. 30-6-2003 and the order No.25/BRSC/03-04, dated 30-6-2003 of the 4th respondent and quash the same by declaring the same illegal, arbitrary and unconstitutional and consequently direct the respondents to consider the case of the petitioner for appointment to the post of principal and appoint him as such with all consequential beneﬁts, and to pass Counsel for the Petitioner:MR.S.GOPAL RAO Counsel for the Respondent No.: MR.P.V.S.S.S.RAMA RAO The Court made the following : ORDER: The petitioner is working as a Reader in Maths in the fourth respondent-college. He ﬁled this writ petition questioning the oﬃce order dated 30-06-2003 of the fourth respondent college whereunder the ﬁfth respondent who was found to be senior lecturer who was sought to be appointed, has given the consent for being appointed as incharge Principal on adhoc basis on temporary measure until further orders and the letter dated 30-06-2003 issued by the fourth respondent college to the petitioner informing him that the petitioner did not come within the zone of consideration for being considered to the post of Principal as there are three more senior candidates over the petitioner who are eligible for being considered for. A direction appears to have been given by this Court in W.P.No.11029 of 2003 by order dated 17-06-2003 wherein this Court directed the respondents to examine the representation dated 08-05-2003 made by the petitioner. The said oﬃce order as well as the correspondence dated 30-06-2003 respectively have been challenged in the writ petition. The case of the petitioner is that he is a senior lecturer working in the fourth respondent college and is entitled for consideration for being appointed as Principal. On the other hand, the counter-aﬃdavit ﬁled by the fourth respondent reveals that only one post of Principal is sanctioned to the fourth respondent institution wherein the fourth respondent institution is undertaking the courses of undergraduate and post graduate and it prepared the inter- seniority list in accordance with the directions issued by the Director of College Education in their proceedings No.1258/Admn.V-1/03, dated 24-07-2003 and the management is considering the seniority list prepared in accordance with the directions issued in the process of selection for the post of Principal. It is also stated that the case of the petitioner will be put up before the DPC for consideration to the post of Principal in the ensuing selection. Therefore, it sought for dismissal of the writ petition. The petitioner also ﬁled W.P.M.P.No.26276 of 2003 whereunder the petitioner sought for interim suspension of the impugned order and the letter respectively. By order dated 23-03-2004 this Court dismissed the said WPMP. Thereafter, the petitioner ﬁled W.P.M.P.No.14791 of 2005 wherein he sought for a direction to the respondents 2 to 4 to consider his case for promotion as Principal to the fourth respondent’s college, which post belongs to UG College (day) and promote him. This Court by order dated 24-05- 2005 directed the respondents to consider the case of the petitioner, provided the petitioner satisﬁed the eligibility criteria as per G.O.Ms.No.127, dated 07-06-1993. The said interim order granted by this Court was also made absolute on 05-07-2005. In the instant case, the case of the petitioner is that he is a Senior Lecturer working in the fourth respondent college and when the post of Principal fell vacant consequent to the retirement of one Dr.Radha K.Rao on attaining the age of superannuation on 30-06-2003, the fourth respondent institution has taken initiation of the process for ﬁlling up the post of the Principal on adhoc basis as a temporary measure until further orders. The respondent ﬁled a counter-aﬃdavit stating that the seniority is yet to be ﬁxed and the relevant appointment is only on temporary basis until further orders in the interest of administration and this Court already granted the interim direction directing the respondents to consider the case of the petitioner and the said interim direction was made absolute. In view of the order dated 05-07-2005, no further orders need be passed and the writ petition is accordingly disposed of. No order as to costs. __________________ 16th September, 2008 SKM