IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16229 of 2008 Between: The Methodist Degree College, King Koti Road, Hyderabad, Rep by its Manager and Correspondent, Smt Vyola Albert W/o. Mr.Alber,aged 45 years, ..... PETITIONER AND 1 The Director of Higher Education, Government of Andhra Pradesh at Nampally, Hyderabad. 2 The Government of Andhra Pradesh, Rep by its Principal Secretary, Edcation Department, 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 appropriate Writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in passing appropriate orders on the representations dated 1.8.2006 and dated 11.4.2008 for permission u/sec 83 of A.P. Education Act on illegal, irregular, arbitrary, unjustiﬁed, unconstitutional and unsustainable. Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : ORDER This writ petition has been ﬁled by The Methodist Degree College represented by its Manager and Correspondent assailing the action of the respondents in not disposing of the representations dated 1.8.2006 and 11.4.2008 seeking permission under Section 83 of the Andhra Pradesh Education Act ( for short ‘the Act’) as arbitrary and illegal. Smt. Vyola Albert has sworn to the aﬃdavit ﬁled in support of the writ petition. The writ aﬃdavit, in brief, is: One Dr.K.Chandrasekhar Rao was appointed on an hourly basis in the academic year 1997-98 as Junior Lecturer in Telugu/Sanskrit. Subsequently, he was reappointed for the academic year 1998-99 and continued as Assistant Lecturer and thereafter, he was appointed as Lecturer in Telugu on 11.1.1999 and he was placed under probation for a period of three years. His probation has not been declared so far. Section 99 of the Act deals with the powers of the State Government to frame the statutory rules. Rule 8 deals with the appointment of staﬀ and disciplinary control. Under the said rules, the staﬀ selection committee has to consider the application of only such of those employees who were either sponsored by the Employment Exchange and who had responded to the advertisement published in daily newspaper calling for the applications from the eligible and qualiﬁed candidates. Dr.K.Chandrasekhar Rao was neither sponsored by the Employment Exchange nor he faced the regular process of selection. He was appointed on hourly basis for two academic years and thereafter, he was placed on probation. Since the strength of the petitioner-institution has fallen down, the petitioner- institution submitted a representation to the Commissioner and Director of Collegiate Education seeking permission to retrench the employees. The said representation is pending consideration. Hence, this writ petition. When the writ petition came up for admission, leaned Government Pleader for Higher Education received notice. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. Learned counsel appearing for the petitioner submits that because of steep fall in strength of pupil, the petitioner-institution decided to terminate the services of Dr.K.Chandrasekhar Rao for which permission has been sought for from the Director of Higher Education-1st respondent. Copies of representations submitted to the 1st respondent have been placed on record at pages 15 and 17 of the material papers. In that view of the matter, the writ petition is disposed of directing the 1st respondent to consider the representations of the petitioner and pass appropriate orders, preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. _________ 28-07-2008 Note: Issue CC by one week. (B.O) rkk