HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.14585 of 1993 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: M.A.Qayyum ….PETITIONER(S) and State of A.P., rep. by its Secretary, Education Department, Secretariat Bldgs., 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.14585 of 1993 ORDER: (PER SRI JUSTICE V.ESWARAIAH) This writ petition is filed seeking a writ of mandamus to declare the action of the 3rd respondent in discontinuing the services of the petitioner as part-time Lecturer in Arabic and appointing respondents 4 to 7 as illegal and arbitrary; and to declare that his services cannot be terminated for appointing another part-time Lecturers; and to direct the respondents 1 to 3 to regularize his services from the date of his appointment. Heard the learned counsel for the petitioner and the learned Government Pleader for Education. It appears that the petitioner was appointed as part-time Lecturer in Arabic during 1990-91 and he was discharged from service on 31.08.1993. As per G.O.Ms.No.328 Education (CE-III) Department, dated 15.10.1997, all the Lecturers/Junior Lecturer working in private aided colleges, who possessed the prescribed qualifications and have put in 2½ or more years of service as part-time Lecturers and were continuing in service on the last date of instruction of the academic year 1990-91 and are serving on the date of proceedings to be issued by the Regional Joint Director of Higher Education concerned to the Principal of Private Colleges calling for the information of part-time Lecturers, are eligible for the posts of Lecturers/Junior Lecturers in Private Degree/Junior Colleges. Therefore, it is clear that the petitioner did not put in the required minimum service as part-time Lecturer or full time Lecturer as on 25.11.1993 and, as such, he is not entitled for regularization of his service. The petitioner also sought to declare the action of the 3rd respondent in discharging his service as part-time Lecturer as illegal and arbitrary. 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, the petitioner is not entitled for the relief sought and the writ petition is devoid of merits and is liable to be dismissed. The writ petition is, accordingly, dismissed. 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)