HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.11003 of 1998 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: Dr. G.Nalini ….PETITIONER(S) and The Government of A.P. rep. by its Secretary to Government, Education Department, Secretariat, Hyderabad and others …RESPONDENT(S) HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.11003 of 1998 ORDER: (PER SRI JUSTICE V.ESWARAIAH) In this petition, the petitioner, who was working as part-time lecturer, sought to declare, by way of mandamus, the action of the Government in fixing the cut off date as 25.11.1993 for regularization of services of part-time lecturers in Government Aided Colleges in G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997 and the consequential order of the 2nd respondent vide proceedings No.3567/PC.III.2/97-10 dated 10.03.1998 as arbitrary and illegal and consequently to direct the respondents to regularize her service as Lecturer in the 3rd respondent college. Heard the learned counsel for petitioner and the learned Government Pleader for Higher Education. It appears that the petitioner was working as part-time Lecturer in the 3rd respondent College since 01.08.1991. While so, she submitted a representation for regularization and the same has been rejected as per the proceedings of the 2nd respondent referred to above. As per G.O.Ms.No.328 Education (CE-III) Department, dated 15.10.1997, all the Lecturers/Junior Lecturers working in private aided colleges, who possess the prescribed qualifications and have put satisfied criteria are alone entitled to be considered. As per Clause 9.5 thereof, only those who have put in a service of 3 academic years as on 30.07.1991 or 5 academic years as on 25.11.1993, as the case may be, and also continuing in service on the date of issue of those orders are eligible for regularization. The petitioner also sought to declare the action of the 2nd respondent in discharging her service as part-time Lecturer as illegal and arbitrary. The Apex Court in A.MANJULA BHASHINI AND OTHERS VS. THE MANAGING DIRECTOR, A.P. WOMEN’S COOPERATIVE FINANCE CORPORATION LTD. AND ANOTHER[1] upheld the validity of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 (for short `the 1994 Act') by Amendment Act Nos.3 and 27 of 1998, so also the cut off date as fixed for continuance of their service subject to the required period of service as on 25.11.1993. In view of the aforesaid judgment of the Apex Court, the petitioner is not entitled for the relief sought and the writ petition is devoid of merits and is liable to be dismissed. The writ petition is accordingly, dismissed. The interim order granted earlier stands vacated. No order as to costs. ___________________ V.ESWARAIAH, J _______________________ R.SUBHASH REDDY, J ___________________________ VILAS V.AFZULPURKAR,J 12th OCTOBER 2009 CVRK/KPR [1] 2009(5) ALD 58 (SC)