HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.15457 of 1998 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: Dr. Ch. Padma ….PETITIONER(S) and State of Andhra Pradesh represented by the Secretary to the Government, Education Department, Secretariat Buildings, 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.15457 of 1998 ORDER: (PER SRI JUSTICE V.ESWARAIAH) In this petition, the petitioner, who was working as part-time lecturer, seeks to declare, by way of mandamus, the proceedings of 2nd respondent i.e. the Director of Collegiate Education, Andhra Pradesh, Hyderabad, vide Rc.No.3567/PC.III.2/97-5 dated 10.03.1998 whereunder the petitioner was declared not eligible for regularization as per G.O.Ms.No.328 Education (CE- III) Department dated 15.10.1997 as illegal and unconstitutional and to direct the respondents to regularize her service as Lecturer in Telugu, without reference to the cut off date, in the 4th respondent college in the existing vacancy with all consequential benefits. Heard the learned counsel for petitioner and the learned Government Pleader for Higher Education. The case of the petitioner is that initially she worked in Holy Cross Co-operative Junior College, Ameerpet, Hyderabad, which is not an aided but a recognized college, as part-time Lecturer in Telugu from 03.10.1988 to 18.11.1991. Later, she was appointed in the 4th respondent college as part- time Lecturer in Telugu in a grant-in-aid post and continuing as such without any break. While so, her case for regularization of service was rejected by the 2nd respondent as per the proceedings referred to above on the ground that she did not put in the required service of three academic years as on 30.07.1991 or five academic years as on 25.11.1993 as laid down in Clause 9.5 of G.O.Ms.No.328 dated 15.10.1997. Admittedly, the Government has issued orders in G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997 notifying the criteria for regularization of service. 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 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 and the reasons notified in the impugned order and the averments made in the counter affidavit, we do not find any illegality or infirmity in the impugned order as the claim of the petitioner does not fit into the required criteria, and therefore the petitioner is not entitled for the relief sought and the writ petition is devoid of merits and hence 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 KPR/CVRK [1] 2009(5) ALD 58 (SC)