GUNTUR DISTRICT. W.P No. 35713 of 1998 · Andhra Pradesh High Court

These two writ petitions can be dealt with together as they relate to the issue of filling up the post of Librarian in V.R.S. & Y.R.N. College, Chirala, Guntur District. W.P.No.35713 of 1998 has been preferred by a prospective candidate, who seeks directions to the respondents to carry on the selections in accordance with the notification taken out by the said College on 06-07-1997. The post of Librarian was notified as liable to be filled in by an open category candidate of the

physically challenged category, while various other posts of Lecturers notified in the said college as liable to be filled in by various other segments, such as, Open Competition, Scheduled Castes, Scheduled Tribes and Backward Classes. W.P.No.35714 of 1998 has been instituted seeking a declaration that the action of the 1st respondent in treating the post of Librarian as reserved and liable to be filled in with a reserved category candidate, as bad in law. Thus, the petitioner in W.P.No.35713 of 1998 seeks the selection to be carried out in accordance with the notification treating the post of Librarian of V.R.S. & Y.R.N. College, Chirala, Guntur District, as reserved in favour of open competition physically challenged category, while the petitioner in the other writ petition opposes the same. The contention of the petitioner in W.P.No.35714 of 1998 was that there is only one single post of Librarian sanctioned to V.R.S. & Y.R.N. College, Chirala, Guntur District and since it is a solitary post in the cadre, principles of reservation will not be applicable.

The entire controversy, therefore, centers around whether or not, the post of Librarian should be treated as a single and solitary post in the cadre or should it be treated as forming part of various other teaching posts in the college. It is not in dispute that V.R.S. & Y.R.N. College, Chirala, Guntur District, is admitted to grant-in-aid. Consequently, the selection committee will have to be constituted after obtaining the prior permission of the competent authority, namely, the Commissioner of Collegiate Education and then the selections will have to be carried out by such a selection committee, which again are required to be approved by the Commissioner. It is also not in dispute that the principles of reservation, which are applicable to various social segments, are applicable while filling up various teaching posts in an aided education institution. The posts of Librarians and Physical Training Instructors (PTI) are no longer treated as distinct and separate posts.

Posts of Librarian and PTI are also considered as forming part of teaching cadre. For all purposes, they are treated at par with other teachers of the institutions. If that be the case, the post of Librarian does not become a single or solitary post. It forms part of the cadre and consequently, the cyclic rotation of vacancies amongst various segments, such as, Open Competition, Scheduled Castes, Scheduled Tribes, Backward Classes and Physically Challenged Categories, has got to be applied. On the other hand, if the State were to treat the posts of Librarian and PTI of Degree colleges as not forming part of the teaching cadre, then, they become solitary and isolated cadres. If there is only one post of Librarian for the entire institution, it becomes single post. When there is only one post in a cadre, the question of applying the principles of reservation against such a single cadre post would not arise.

Any reservation against a single cadre post would amount to 100% reservation, which is impermissible. The principle in this regard has been clearly laid down in Chakradhar Paswan, Dr. v. State of Bihar[1] and the said principle will get attracted against the solitary posts in any cadres. On the other hand, if the State were to treat the posts of Librarians and PTIs also as forming part of the teaching cadre, the running cyclic order of rotation of vacancies has got to be applied. I, therefore, consider it appropriate to remit both the matters for consideration of the State Government in its Higher Education Department, so as to enable the State Government to take a decision as to whether to treat the posts of Librarian and PTIs in Degree colleges as forming part of teaching cadre or to treat them as distinct and separate posts. If they are to be treated as distinct and separate posts, unless there is more than one post in the cadre, the question of application of principles of reservation would not be applicable.