*THE HON’BLE MR JUSTICE L.NARASIMHA REDDY +Writ Petition No.537 of 2008 % 30.06.2008 Between: Dr.K. Chennaiah ..... Petitioner AND Sri Venkateswara University and another .....Respondents ! COUNSEL FOR PETITIONER: Sri V. Jagapathi ^ COUNSEL FOR RESPONDENTS: Sri Kasa Jagan Mohan Reddy < Gist: > Head Note: ? CITATIONS: THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.537 of 2008 ORDER: Sri Venkateswara University, the 1st respondent herein, issued advertisement dated 10-11-2006, inviting applications from candidates for appointment against vacancies of various posts in different departments. In the department of Zoology, 4 posts of Assistant Professors were notified, and one such post was reserved in favour of S.C. candidates. The petitioner passed M.Sc. Zoology, and was conferred with Ph.D. Degree. He belongs to S.C community. He submitted the application for the post of Assistant Professor in Zoology. The call letter dated 05-01-2007 was issued to him, intimating that the interview would be held on 08-02-2007. The interview was held at a subsequent date, viz., 08-03-2007. The recommendations of the Selection Committee were placed before the Executive Council, and ultimately through orders dated 03-07-2007, issued by the Registrar, the petitioner was appointed as Assistant Professor in the Department of Zoology, at University Post-graduate Centre, Kavali, in the pay scale of Rs.8,000-275-13,500, besides Dearness allowance and H.R.A. etc. The petitioner joined duty and was working as Assistant Professor, at P.G. Centre, Kavali. The Vice-Chancellor of the University issued proceedings dated 18-08-2007, in supersession of the proceedings of the Executive Council, as well as the order of appointment dated 03-07-2007, directing that the appointment of the petitioner shall be on the monthly pay of Rs.8,000/- with permissible allowance, and for a period not exceeding one year, as per Section 49 of the A.P. Universities Act, 1991 (for short ‘the Act’). The petitioner claims to have approached the Vice-Chancellor, to withdraw the proceedings dated 18-08-2007, stating that his appointment, on regular basis, was approved by the Executive Council, and there was no basis for treating it as, for one year. Stating that he did not get any response to his representation, he filed this writ petition, assailing the proceedings dated 18-08-2007. On behalf of the respondents, a counter-affidavit is filed, stating that the selection of the petitioner was not against an existing and approved vacancy, and the mistake that has crept, while issuing the order of appointment; was rectified through the impugned proceedings. Heard Sri V. Jagapathi, learned counsel for the petitioner, and Sri Kasa Jaganmohan Reddy, learned Standing Counsel for the respondents. The petitioner submitted application for the post of Assistant Professor in Zoology, in response to the employment notification dated 10-11-2006, issued by the University. On the basis of evaluation of his merit and performance at interview, the Selection Committee selected him, and the same was approved by the Executive Council. The proceedings dated 03-07-2007, issued by the University, read as under: “Dr.K. Chennaiah temporarily appointed as Assistant Professor, against the post of Associate Professor in the Department of Zoology, S.V.U. Post Graduate Centre, Kavali, in the scale of pay of Rs.8000-275-13500, besides Dearness Allowance, HRA etc., at the University rates. The above appointment is subject to the result of the W.P.No.1717 of 2007 pending in the Hon’ble High Court of Judicature, Andhra Pradesh at Hyderabad. He is required to enter in to an agreement of service with the University in the prescribed form on a non-judicial stamp paper of the value of Rs.100/- within a month from the date of his joining. The appointment is also subject to Statues, Ordinances, Rules and Regulations of the University that are in force and that may come into force from time to time. The appointee is governed by new pension scheme already in force as applicable for all the new entrants vide orders 2nd read above. The appointee should report himself for duty to the Special Officer, SVU Post Graduate Centre, Kavali, on or after 03-07-2007 but not later than 02-08-2007, failing which the offer of appointment stands cancelled”. The proceedings referred to above, partake the character of a regular order of appointment, against a clear vacancy. The petitioner joined duty and was working at the P.G. Centre, Kavali. About one- and-half months later, the Vice-Chancellor issued an order, on 18-08- 2007, as under: “In supersession of the proceedings 1st and the memo 2nd read above, and in pursuance of the orders of the Vice-Chancellor, Dr. K. Chennaiah is temporarily appointed as Assistant Professor, in the Department of Zoology, S.V.U. Post Graduate Centre, Kavali, on Rs.8000/- in the scale of pay of Rs.8000-275-13500, besides Dearness Allowance, HRA etc., at the University rates, for a period not exceeding one year as per Section 49 of the A.P. Universities Act, 1991. The offer of the above appointment is strictly for one year from the date of joining i.e. 03-07-2007 afternoon, and terminable at any time without assigning any reasons thereon. He is required to acknowledge receipt of the proceedings”. The question that arises for consideration is, as to whether the order dated 18-08-2007 can be sustained in law ? The first aspect is, about the jurisdiction of the Vice-Chancellor. It has already been pointed out that the proceedings dated 03-07-2007 were issued by the Executive Council of the University. Under the Act, it is the competent Authority. Though the Vice-Chancellor happens to be a member of the Executive Council, an independent Executive Authority, in his own way; he is not conferred with the power to supersede the orders passed by the Executive Council. If the order dated 03-07-2007 was incorrect or untenable, on account of a reason, the only authority that could have rectified is, the Executive Council. Though it is stated that the Executive Council has rectified the proceedings, dated 18-08-2007, issued by the Vice-Chancellor, the initial material irregularity as to lack of jurisdiction cannot be cured. The second aspect is, as to the procedure, that is followed in issuing the impugned proceedings. Assuming that the proceedings were issued by a Competent Authority, the rights, that have accrued to the petitioner, under the order dated 03-07-2007, could not have been taken away, except by conducting an inquiry, or issuing a show cause notice, duly indicating the reasons for the proposed action. Nothing of that sort has taken place. The impugned proceedings were issued in flagrant violation of the principles of natural justice. Therefore, the impugned proceedings cannot be sustained in law, and they are accordingly set aside. Consequently, the petitioner shall be continued as Assistant Professor in Zoology, in the pay scale of Rs.8,000-275-13,500, under the orders dated 03-07-2007. It is, however, made clear that in case the appointment of the petitioner is found to be untenable, or incorrect, it shall be open to the respondents to take necessary action, in accordance with law. Accordingly, the writ petition is allowed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.30-06-2008. Note: L.R. copy to be marked. (B/O) KO