IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 6309 of 2006 and 11010 of 2007 W.P.No.6309 of 2006 Between: T. Dhanalakshmi D/o. T. Rosaiah R/o. Flat No. 103, Sri Laxmi Nilayam, H.No. 16-68/69, Road No.4, Sri Krishna Nagar Colony, Dilsukhnagar, Hyderabad-500 060. ..... PETITIONER AND 1 The Director of Collegiate Education, Nampally, Hyderabad. 2 The Government of Andhra Pradesh, Department of Education, Rep. by its Secretary, Secretariat Building, Hyderabad. 3 Vivek Vardhini College, Rep. by its Secretary & Correspondent, Jambagh, Hyderabad. .....RESPONDENTS 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 one in the nature of Mandamus and any other appropriate writ, Order or direction to the respondents either to absorb the services of the petitioner in the existing vacancy in grant-in-aid post by admitting the petitioner's name into grant-in-aid or to regularize the petitioner's services in aided vacancy by declaring the action of the respondents in not absorbing the services of the petitioner in the existing vacancy in grant-in-aid post by admitting his name into grant-in-aid and in not regularizing the petitioner's services in aided vacancy as arbitrary, illegal, ultravires the A.P. Education Act, unconstitutional and violative of Articles 14, 19, 21,39(a), 39(d), 42 and 43 of the Constitution of India, and pass such other order or orders in the interests of justice as this Hon'ble Court deems fit and proper. Counsel for the Petitioner: MR.SADURAJESWARA REDDY Counsel for the Respondents: GP FOR EDUCATION WRIT PETITION No. 11010 of 2007 Between: T. Dhanalakshmi, d/o. T. Rosaiah, R/o. Flat No. 103, Sri Laxmi Nilayam, H.No. 16-68/69, Road No. 4, Sri Krishna Nagar Colony, Dilsukhnagar, Hyderabad - 500 060 ..... PETITIONER AND 1 The Government of Andhra Pradesh, Department of Education, Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad. 2 The Director of Collegiate Education, Nampally, Hyderabad. 3 Vivek Vardhani College,' Rep. by its Secretarty & Correspondent, Jambagh, Hyderabad. .....RESPONDENTS 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the impugned paper notification dt. 26-5-2007 issued in Deccan Chronicle in calling for the application for filling up the three vacancies for the post of Lecturer in Department of Zoology is illegal and contrary to law and unconstitutional, arbitrary and in vioaltion of Articles 14, 16 and 21 of Constitution of India and quash the same and consequently direct the respondents to absorb the petitioner in clear aided vacant posts of Lecturer of Zoology in Undergraduate course in the 3rd respondent college and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.SADURAJESWARA REDDY Counsel for the Respondents: GP FOR EDUCATION The Court made the following COMMON ORDER: The petitioner was appointed as a part-time Lecturer in Zoology in the third respondent institution in the year 2004. She belongs to S.C. category. After appointing the petitioner, the College issued a notification, dated 26.05.2007, inviting applications to appoint Lecturers in different subjects for Post Graduate and Under Graduate Courses. The petitioner filed W.P.No.11010 of 2007 challenging the notification stating that she is entitled to be absorbed against one such vacancy. She has also filed W.P.No.6309 of 2006 stating that she is entitled to be absorbed against a vacancy admitted to grant-in-aid in pursuance of the orders issued by the Government from time to time requiring the employers to fill backlog vacancies earmarked for scheduled castes and scheduled tribes. Heard the learned Counsel for the petitioner, the learned Government Pleader for Higher Education for respondents 1 and 2 and the learned counsel for the third respondent. The grievance of the petitioner as can be discerned from the two writ petitions is two fold. The first is vis-à-vis the notification, dated 26.05.2007. A perusal of the notification discloses that the institution intended to appoint Lecturers in different subjects for Post Graduate and Under Graduate Courses. Much before that, the petitioner was appointed on part- time basis. In case, she wanted to be considered against the post so notified, it shall always open to her to make an application. Mere appointment of a candidate as part-time Lecturer does not clothe him or her with a right to be absorbed against any aided or un-aided vacancy. The candidate must undergo the process of selection along with other candidates. At any rate, this Court did not grant any interim order in W.P.No.11010 of 2007 and the selection was proceeded with. Therefore, the said writ petition has become infructuous. The other relief claimed by the petitioner is that her services must be regularized against an aided vacancy, in compliance with the directions issued by the Government for filling up the backlog vacancies. The record is not clear as to whether there exist any post of Lecturer in Zoology in the third respondent institution reserved in favour of scheduled caste and scheduled tribe candidates. The petitioner can lay a valid claim under the G.Os. issued by the Government, if only, there exist a backlog vacancy earmarked for scheduled castes in the subject concerned and that the petitioner has fulfilled the same. Be that as it may, in case the third respondent undertakes the process of regularization against aided vacancies or to fill up the backlog vacancy, the case of the petitioner needs to be considered. Hence, W.P.No.11010 of 2007 is dismissed and W.P.No.6309 of 2006 is disposed of, directing that as and when the respondents undertake the process of regularization of part- time Lecturers or filling up of backlog vacancies earmarked for scheduled caste and schedule tribe candidates, the case of the petitioner shall also be considered, duly verifying her qualifications and eligibility. __________________ L.NARASIMHA REDDY,J Dt:26.06.2008. kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}