IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL Nos. 408 and 409 of 2002 WRIT APPEAL NO : 408 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 14-08-2000 in WP NO : 11345 OF 1998 on the file of the High Court.) Between: Smt.K.Padamavathi W/o Manohar Rao R/o Gudur, Nellore District. ..... APPELLANT AND 1 State of Andhra Pradesh Rep by its Principal Secretary Education Department, Secretariat, Hyderabad. 2 The Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad. 3 Duvvuru Ramanamma Women's Degree College, Rep by its Secretary/Correspondent, R/o Gudur Nellore District. 4 Smt.M.Bhavani W/o Dr.K Nageswara Rao C/o the Principal, Duvvuru Ramanamma Women's College, Gudur, Nellore District. .....RESPONDENT(S) Counsel for the Appellant: MR.K.MURALIDHAR REDDY Counsel for Respondent Nos.1 and 2: GP FOR HIGHER EDUCATION Counsel for Respondent No.3: None appeared Counsel for Respondent No.4: Sri D.V. Sitaramamurthy WRIT APPEAL NO : 409 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 14/08/2000 in WP NO : 2092 OF 1993 on the file of the High Court.) Between: Smt.K.Padmavathi W/o.Manchar Rao R/o.Gudur Nellore Dist ..... APPELLANT AND 1 The Director of Higher Education Govt. of A.P Hyderabad 2 Duvvuru Ramanamma Womens Degree College rep.by its Secretary and Correspondent Gudur Nellore Dist. 3 smt.M.Bhavani W/o.Dr.K.Nageswara Rao C/o.Principal Duvvuru Ramanamma Degree College Gudur, Nellore Dist .....RESPONDENT(S) Counsel for the Appellant: MR.K.MURALIDHAR REDDY Counsel for Respondent No.1: GP FOR HIGHER EDUCATION Counsel for Respondent No.2: None appeared Counsel for Respondent No.3: Sri D.V. Sitaramamurthy The Court made the following : COMMON JUDGMENT: (Per Sri A. Gopal Reddy, J) These two intra-court appeals which arise out of common order dated 14-08-2008 in Writ Petition Nos. 11345 of 1998 and 2092 of 1993 are taken up together and disposed of by this common judgment. The writ appellant who appeared before the Selection Committee pursuant to notiﬁcation dated 22- 07-1984 for the post of Lecturer in Zoology in the respondent – College was selected and appointed on 08- 08-1984. On bifurcation of the junior college with the degree college in the year 1985, she was posted to work as Junior Lecturer in the junior college. While so, Smt. K. Bhavani writ petitioner in Writ Petition No. 11345 of 1998 and arrayed as one of the respondents in these appeals was appointed as a part-time Lecturer in Zoology on 04-09-1986, whose post was admitted into grant-in-aid on 16-04-1990. The Government vide G.O.Ms.No. 302, dated 23-08-1991 extended the beneﬁt of regularization of part time lecturers working in the private colleges after following the selection procedure. Since Smt. K. Bhavani fulﬁlled the qualiﬁcations for regularization, a proposal was sent by the Management on 05-01-1993 to the Andhra Pradesh College Service Commission for appropriate orders for absorbing her in the post of Lecturer in Zoology. Having come to know that her services will be regularized, the appellant ﬁled Writ Petition No. 2093 of 1993 seeking a direction to the respondents to appoint her as a Lecturer in Zoology in the degree college or alternatively promote her as lecturer in the degree college from that of junior lecturer as per G.O.Ms.No.12, dated 10-01-1992 and G.O.Ms.No.127, dated 07-06-1993. This Court while admitting the writ petition by order dated 25-02-1993 stayed the regularization of services of Smt.K. Bhavani. But, however, the services of Smt. K. Bhavani were regularized on 03-08-1993 and the same were later cancelled in view of interim order granted by this Court on 25-02-1993. Therefore, she ﬁled Writ Petition No. 11345 of 1998 contending that she is entitled to be regularized as the post was available for regularization, whereas the appellant claims that she is entitled to be promoted to the post of lecturer in degree college as by that time when the post was available, she was working as a junior lecturer in the degree college and that she could not have been sent to the junior college when she was selected pursuant to notiﬁcation dated 22-07- 1984. Smt. K. Bhavani claims that she was appointed as part time lecturer in 1986 and the post was admitted into grant-in-aid when she was working as such on 16-04-1990 and her case has to be considered in the light of G.O.Ms.No.302, dated 23-08-1991 and G.O.Ms.No. 362, dated 07-10-1994 which was kept in abeyance. In G.O.Ms.No. 328, dated 15-10-1997, the Government directed regularization of part time lecturers and since Smt. K. Bhavani fulﬁlled all the conditions required for regularization, her case was considered and orders were passed on 13-04-1998, which were cancelled pursuant to the orders passed by this Court. The Government ﬁled a counter stating that the appellant was appointed as a Lecturer in the junior college in an unaided post and the said post was admitted to grant-in-aid only in 1990, whereas Smt. K. Bhavani was appointed as part time lecturer in the degree college in 1986 and the post was admitted to grant-in-aid on 16-04-1990. Therefore, the appellant is not entitled to be promoted as Lecturer since the channel of promotion was only brought into eﬀect by G.O.Ms.No.127, dated 07-06-1963. The Government vide G.O.Ms.No. 12, dated 10-01-1992 prescribed various recruitment rules for appointment of lecturers in the colleges run by private management, but no provision was made providing channel of promotion from the cadre of junior lecturers from the junior college to the post of lecturer in the degree college if both the colleges are run under the same management. However, in G.O.Ms.No. 127, channel of promotion was provided from the post of lecturer in junior college to the pose of lecturer in degree college provided both the colleges are run under the same management. The learned single Judge by the impugned order rightly held that when Smt. K. Bhavani acquired right under G.O.Ms.No. 302 for regularization of her services as lecturer as she was appointed as lecturer on part time basis on 04-09-1986, the appellant herein was only a junior lecturer working in the junior college in an unaided post which was subsequently admitted to grant-in-aid. Further, the claim of the appellant for promotion, as per the administrative instructions issued in G.O.Ms.No. 677, dated 18-07-1979 cannot be sustained for the reason that the Government while extending the beneﬁt given to the junior lecturers working in the government colleges to the junior lecturers working in private colleges clearly stated that out of every four vacancies arising in each department of a private degree college, the second vacancy shall be ﬁlled up by direct recruitment and the ﬁrst, third and fourth vacancies shall be ﬁled up by promotion of junior lecturers working in the same college and if there are no qualiﬁed and suitable junior lecturers available in the degree college, the junior lecturers working in the junior colleges, if any, under the same management may be considered for promotion as lecturers. The administrative instructions also provide consideration of the claim of the appellant only when there are no qualiﬁed suitable junior lecturers available in degree colleges. In the present case, Smt. K. Bhavani who is a qualiﬁed candidate was appointed as a lecturer on part- time basis on 04-09-1986 and she is entitled for regularization in terms of G.O Ms.No. 302. The appellant made a representation on 17-09-1991 claiming promotion on the ground that there was a vacancy in the degree college and she was originally appointed as a lecturer and, therefore, she must be considered for promotion to the post of lecturer, which request was negatived on issuance of statutory rules in G.O.Ms.No. 12, dated 10-01-1992. The channel of promotion was provided by amending the rules in G.O.Ms.No.12, dated 10-01-1992. Vacancy arose in the degree college prior to G.O.Ms.No.12, but after the G.O, the vacancy was not ﬁlled up and Smt. K. Bhavani who was initially appointed as part time lecturer was holding the post and is entitled to be regularised. Admittedly, the writ appellant was working as a junior lecturer in an unaided post and Smt. K. Bhavani was working as a lecturer, which post was admitted to grant-in-aid prior to the acquiring of eligibility by the appellant. As such, she is entitled for regularization in terms of various government orders referred to above. When there is no vacancy available and Smt. K. Bhavani is working in the said post, the claim of the appellant for promotion does not arise in the absence of any vacancy. In view of the same, we see no merit in the appeals and they are accordingly dismissed. No order as to costs. A. GOPAL REDDY, J VILAS V. AFZULPURKAR, J 29-09-2008 ks ........REGISTRAR To 1 Principal Secretary, Education Department, Secretariat, State of Andhra Pradesh, Hyderabad. 2 The Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad. 3 The Director of Higher Education Govt. of A.P Hyderabad 4 Two CD copies.