THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.1666 OF 2001 ORDER: This writ petition has been instituted seeking a writ of Mandamus to declare the action of the 3rd respondent college in proposing to fill up the post of Principal of SS & N College, Narasaraopet, Guntur District, in contravention of G.O.Ms.No.208, Higher Education (UE- II-I) Department, dated 29-06-1999, as illegal. It is the case of the petitioner that he was working as a Reader in Zoology Department in SS & N College, Narasaraopet, Guntur District – 3rd respondent. Earlier, he worked for 20 years in another degree college at Guntur. The State Government extended revised U.G.C. Scales of Pay to the Teachers working in various Universities and affiliated institutions and passed detailed Orders in that regard through their G.O.Ms.No.208, Higher Education (UE-II-I) Department, dated 29-06-1999. It is further asserted that the post of Principal of a degree college, which is in the cadre of a Professor of a University, is liable to be filled in with the candidates possessing degree with at least 55 % of marks and Ph.D. or equivalent qualification with fifteen years of teaching / research experience in University / Colleges. The 3rd respondent college is an Aided Educational Institution and hence, it is bound to follow and adopt the policy decisions announced by the State Government, whereas the 3rd respondent, contrary to the mandate contained in G.O.Ms.No.208, Higher Education (UE-II-I) Department, dated 29-06-1999, has proposed to fill up the post of Principal of the College with the 4th respondent, who does not possess Ph.D. qualification. On behalf of the 1st and 2nd respondents, a detailed counter affidavit has been filed. It is, however, disputed therein that the writ petitioner is working as a Reader in the Department of Zoology. It is pointed out that the writ petitioner is presently working only as a Lecturer of Zoology and that he was initially recruited as a Lecturer in T.J.P.S. College, Guntur, where he was found surplus and hence, he has been transferred to the 3rd respondent Degree College with effect from 01-07-1997, subject to the condition that as and when the teaching workload improves warranting the repatriation of the writ petitioner, he will have to be so repatriated to the said T.J.P.S. College at Guntur, hence, it is contended that the writ petitioner does not have any right to be considered for the post of Principal of the 3rd respondent College, as he does not have any lien in that College. It was further pointed out in the counter affidavit that the qualifications prescribed for direct recruitment to the post of Principal are at variance with the qualifications prescribed for recruitment by transfer of qualified and suitable Lecturers, who have to put in at least ten years of service under the same Management. It is only in the absence of such lecturers, who are qualified to be so promoted as Principal, the question of resorting to direct recruitment to the post of Principal, would arise. It is also asserted that there are several Teachers working under the 3rd respondent Institution, who do possess the qualifications and have rendered more than ten years of service in the said College and hence, the question of seeking to fill up the post of Principal by the method of direct recruitment would not simply arise. The 4th respondent, who has been impleaded, has also contested this writ petition by raising almost identical contentions. It is his submission that he has put in nearly 20 years of service under the same Management and that he is fully qualified and eligible to be considered for promotion to the post of Principal of the 3rd respondent college and hence, the question of resorting to the direct recruitment for filling up the post of Principal would not arise. It is submitted by Sri Aka Venkata Ramana, learned counsel for the 4th respondent that following the due procedure, as was prescribed by the State Government in the matter of filling up of the post of Principals of aided Degree College, as spelt out in their G.O.Ms.No.127, Education (CEI) Department, dated 07- 06-1993, r/w Government Memo No.89/C.E.III-1/95-1, Education, dated 27-01-1995, the 3rd respondent College has initiated steps to fill up the vacant post of Principal by fixing up 03-02-2001 as the date for finalizing the selections. The Selection Committee has finalized the selections and the 4th respondent has been selected by the Selection Committee to be promoted as a Principal. The learned counsel for the 4th respondent submits that the 4th respondent has since been promoted as Principal and he has also retired from service on attaining the age of superannuation as well. Since there was no contrary material on record, it is proper to assume that the cause in the writ petition does not require to be adjudicated, for, the policy of the State Government is to allow the respective Degree Colleges to fill up the posts of Principals by adopting the method of promotion of internal candidates, who have rendered ten years of service to the said Institution. Perhaps, only in the absence of such a qualified and suitable internal candidate, the question of resorting to direct recruitment would arise. I, therefore, do not see any infirmity in the action of respondents 1 to 3 in seeking to fill up the post of Principal of the 3rd respondent College by following the method of promotion in favour of the internal candidates. It is not necessary for the 3rd respondent to invariably fill up the post of Principal of the said College only through the method of direct recruitment. I, therefore, do not find any merit in this writ petition and accordingly, the same is dismissed, but however, without costs. --------------------------------- Nooty Ramamohana Rao, J mrk 9th November 2009