The High Court · 2025
Case Details
Dr. S.Aravind, S/o. Veeraiah, aged about 32 years, Occ: Student, Dr. D.S.Kothari Post Doctoral Fellow in C Professor Goverdhan Mehta, School of R/o. '1-86/A, Srinagar Colony, Nacharam, Under National Research of Hyderabad, 500076 Kapra, ...PET]TIONE R/PROPOSED RESPONDENT No.2 ENI'
1. 2.
4. A. VenkatNaik, S/o. A. Devula, Aged about 32 years, Occ: Contract Jr. Le.cturer, Govt. Jr.-College, EtuJunagaram, Warangil District, R/o. Machapur (V), Gesukonda (M), Warangal District. ...RESPONDENTS/RESPONDENT/PETITIONERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in W.P.M.P.No.6942 of 2013 in WP.No. 5566 of 2013, dt. 13.3.2013. 4 F 10 0F Between:
1. Dr. K.Premalatha, D/o. K.Rajaram, Aged 33 years, R/o. H.No.3-12-921488, Rock Town Road No.1, (PO) GSI Bandlaguda, Hyderabad - 500068. 2. Dr. M.Satyanarayana, S/o. M.Narsaiah, Aged 39 years, R/o. H.No.'|2-13-893, Flat No.308, Block-C, Hanuman Nagar, Tarnaka, Hyderabad - 17. ...PETITIONERS/PROPOSED RESPONDENTS 2 & 3 AND
1. Academic Consultants Association (TUACA), Telangana University, Rep. .by its President,. Dr. V. Dattahari, S/o. V. Keroba, Aged about 42 years, OcL, {cad_emic Consultant,.Telangana University, Dichpally, Nizamabad District, Fl/o. Dharmetarn (B), Nizamabad District. 2. N. Venkata Giri, S/o. Balakoti, Aged about 33 years, Occ: Academic Bhiknoor, Nizamabad Consultant, Telangana University, South Campus, District. -
3. A. VenkatNaik, S/o. A. Deyula, Aged abbut 32 years, Occ: Contract Jr. ivil;didiii'iiliu"Ii,il3[lp",ii ,V;'H""1;3""I"illr"Vil:F"",ir:'ffigi,:i#, ...RESPONDENTS/PETITIONERS
4. Telangana University, Rep. by its Registrar, Dichpally, Nizamabad District. ...RESPONDENT/RESPONDENT Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted in wpMp No.6942t2o13in wp.No. 5s66/20.t3, dt. 13.3.2013. l.A. NO:5 oF 20131l,wM P. NO : 3811 OF 2013) Between: I V3'rili.xfft:!ffi1:',?:?,Yr'i1xta[rf* 38 vears, D No 25-4-325, D N' 24 1 235 ; [,1[:!*?f,,ffill{fi,*55ffii^"*fl11frlls:i: - il;Y.i,lll3'iii*"il"r'L,ff Ia'ai#;al3 v;^, VE;',par em post & PETITIONER/PROPOSED RESPONDENTS 2 TO 5 AND 1 2 3 ft:L1Qf"ifl "Bi,ii'1ff;B:E:UJ,V1[SL,f 'ttzt?#t,"?f fir:6f,::,::i;iBjl'i,]:Ifi:8:iiu,".ii'"iiiii;-5i"n'iJriv,'rui=m,uli-b-ibt,"iIi N. Venkata Giri, S/o. Balakoti, Aged about 33 years, Occ: Academic retansana Universiiy,'B"i,ti i"i.i,i",,Eiirnoor, Nizamabad Sgffi;l"rl A. VenkatNaik, S/o. A. Devula, Aged about 32 years, Occ: Contract Jr. Lecturer, Govt. Jr. Colleoe. I wara nsa t o i stri ct, Rvo. M; ;i; p; ; ryl'e JiL r",i..j, i i\, ;W;:"UltYJlisaram' ...RESPONDENTS/PETITIONERS ,y;"?"l,o3l
4. Telangana University, Rep. by its Registrar, Dichpaily, Nizamabad District. ...RESPONDENTS/RESPONDENTS Petition under Section 'r51 cpc praying that in the circumstances stated in the affidavit fited in support of the petition, the High court may be preased to vacate the interim orders granted in W.P.M.P.No.6942 of 2013 in W.P.No.5566 of 2013, dated 13-3-2013. l.A. NO: 6 OF 201 P. NO: 3812 OF 20131 Between: N.S*gpI1 D/o. Srinivas, Aged 30 years, H.No.1-1-1 l2T11, Mahataxmi Colony, Opp: HP Gas, SBH, Armoor, Nizamabad - 503224. ;::r'r,"NER/PRoPosED RESPoNDENT
1. Academic Consultantd Association (TUACA), Telangana University, Rep. by its Presideqt,. Dr, V. Dattahari, S/o. V. Kefoba, Ag-ed about 42 years,' OcC Academic Consultant, Telangana University, Dichfally, Nizamabbd District, R/o. Dharmararn (B), Nizamabad District. 2. N. Venkata Giri, S/o. Balakoti, Aged about 33 years, Occ: Academic Consultant, Telangana University, South Campus,-Bhiknoor, Nizamabad District.
3. A. VenkatNaik, S/o. A. Devula, Aged about 32 years, Occ: Contract Jr. Lecturer, Govt. Jr. College, Eturunagaram, Warangal District, R/o. Machapur (V), Gesukonda (M), Warangal District.
4. Telangana University, Rep. by its Registrar, Dichpally, Nizamabad District. ...RESPONDENTSMRIT PETITIONERS ...RESPONDENT/RESPONDENT Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted in WPMP No. 6942/2013 in WP.No. 5566/2013, dt. 13.3.2013 and dismiss the writ petition. l.A. NO: 7 OF 2013(WVMP. NO: 3858 OF 2013) Between: Dr. Darshanam Sabita D/o. Late Muthyalu, 34 yrs, Academic Consultant on Contract basis, Dept. o!QEO - lnformatics, Telangana University, Nizamabad, Rl/o. 17-2-798, Madannapet, Saidabad, Hyderabad. - ...PETITIONER/ PROPOSED RESPONDENT AND 1. Telangana University, Rep. by its Registrar, Dichpally, Nizamabad District. 2. Academic Consultants Association (TUACA), Telangana University, Rep. by its President,. Dr. V. Dattahari, S/o. V. feioba, Agid about 42 y6ars,' Oct Academic Consultant, TelanganlUniversity, Dichpally, Nizamabad District, R/o. Dharmararn (B), Nizamabad District.
3. N. venkata _Giri, s/o. Barakoti, Aged about 33 years, occ: Academic consultant, Telangana University, South campus,'ani(nooi Nizamabad District. 4. A. venkatNaik, s/o. A. Devula, Aged about 32 years, occ: contract Jr. !=ggqrer, Gov{. .ll._.cp.ll"g", elqrynqlaram, warangir Disirict, nyo. t,ticnipui (V), Gesukonda (M), Waiangal Distriit. ... RESPONDENTS/PETITION ERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed by this Hon'ble High court in wpMp No. 6942i2013 in Wp.No. 5566/2013, dated 13.03.2013. Counsel for the Petitioners: SRI J.SUDHEER counsel for the Respondent No.1: sRl S.LAKSHMIKANTH,sc FoR counsel for the Respondent Nos.2 To 10: Ms. pRIyANKA SINGH FoR TELANGANA UNIV NIZMBD SMT. K.UDAYA SREE counsel for the Proposed Respondent No.17: sRl K.V.RA"TASREE counsel for the Proposed Respondent Nos.1g & 19: sRl K.AMARENDER RAJU counsel for the Respondent No.20 & 21:. sRt K.ASHOK REDDY Counsel for the Respondent No.22: Ms. UMA DEVI NAMA Counsel for the Respondent Nos.l1 TO 16: - The Court made the following: ORDER , I I I I I I , I I I i ) HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No. 5566 oF 2013 ORDE R: This Writ Petition is preferred by Petitioners aggrieved by the manner in which recruitment was undertaken b3 the Respondent University contrary to GO Ms. No. 42O by including certain posts which ought not have been included in the notification and not including posts which should have been included in the notification due to which there was a complete change in the roster points in the concerned subjects'
1. 1. It is the case of petitioner that Respondent University was established in 2006. Under GO Ms. No. 42O, Arts and Science groups have to be earmarked separately and in each group, be that Science or Arts, vacancies which are sought to be filled up shall be kept in alphabetical order and apply the roster points running through all the subjects/departments. This particular policy was taken as it is not possible to maintain a roster in each department and it will take years to get the next roster point. In effect, if Science Group subject teachers have to be recruited, University has to find out how many vacancies are available under the science group and pool them together, and put them in alphabetical order and apply the running roster. \ \ \ 2 For f,rlling up the posts, University has to take approval from the Executive Council which is the highest body of the Universiqr. In the present case, for filling up both Arts and Science vacancies, matter was placed before the Executive Council by identifying the vacancies in each subject and applying roster points. Accordingly zr.pproval was given by the Executive Council.
1.2. In the meanwhile, the 2Oth Executive Council met on27-4-2012 and one of the decisions taken was to discontinue the five years integrated course and in its place, MA Economics (two years) M.Sc. Pharmaceutical Chemistry (two years) was sought to be introduced for the academic year 2OI2-13. It is relevant to state here that when five years integrated course was being undertaken by the Respondent University, the teaching was mostly done by academic consultants who are appointed on consolidated basis. The University never felt the need to appoint regular staff for the said integrated courses. However, due to the above mentioned decision of Executive Council, the University ought to have placed the matter again before the Executive Council for filling up of the existing vacancies by applying the roster points afresh but the same was not done.
1.3. [nsofar as regular two years PG courses are concerned, the pattern of teaching staff is l:2:4 i.e. one 1J ) Professor, two Associated Professors and four Assistant Professors. lnsofar as integrated course (five years) is concerned, the pattern of teaching staff is 1+3+7 respectively. tn as much as the Applied Economics and Pharmaceutical Chemistry (five year courses) were discontinued by virtue of the decision taken by Executive Council, the question of recruiting teaching staff for the courses of Applied Economics and Pharmaceutical Chemistry would not arise and the pattern that should be followed is the one for two years course. However, University issued notification {oll2ol2 and o2l2ol2l dated 25-5-2012 incorporating the subject of Applied Economics under Group I i.e., (Arts, Social science, Commerce and Business Management) and also included Pharmaceutical Chemistry under Group Il (Sciences). A reading of the other subject vacancies would show that the University wherever there is two years course are maintaining and following the pattern of l:2:4. [n short, if there is already one Professor working and one Associate Professor working and two Assistant Professors are working, University notified only one Associated Professor and two Assistant Professors to fulfil the pattern of l:2:4. When it comes to MA Economics as already stated above, the same was newly introduced by disbanding five years integrated course i.e., 4 Applied Economics. In that view of the matter, the Economic subjects should have l:2:4 patterns. However, with dis-respect and ignoring the fact that the applied economics was .discontinued by the Executive Council either mistakenly or mischievously, included the subject "applied economics" under Group I i.e., Arts, showing it on top of the list as it the subject starts with Alphabetic "A". The pattern as shown for applied Economics is the pattern i.e., required for five years course i.e., l:3:7. Because there was no Professor one professor post was notified and as there were no Associated Professors two vacancies were notified under the current vacancies and one backlog vacancy was notified. Similarly, fgur vacancies of Assistant Professors were notified in the current vacancies and two more va.cancies were notified under the backlog vacancies. It is relevant to state here that there is one regular Assistant Professor in Economics. Therefore, the vacancies that are sought to be filled up are 1:3:6 to achieve the pattern of 1:3:7. In short, by treating availability of Applied Economics, integrated colr.rse, the notification was issued in such a way to achieve the pattern of l:3:7. In reality, Economics subjects should have been notified showing as l:2:4 and as already there 5 is one Assistant Lecturer, Notification should only show l:2:3 to attain l:2:4 Pattern, as was done in other subjects. I.4. Secondly, the subject cannot be on top of the list tre.ating it as "Applied Economics" and should have been shown after Commerce and above English. Even this would change the roster points for other subjects. It is necessary to state here that by incorporating one unwanted vacancy and / or by not incorporating one vacancy the whole roster point would change and rights of several people will get affected. Due to wrong incorporation of "Applied Economics" with a different kind of a pattern, the whole roster point system got affected under Group-I. Insofar as Associate Professors are concerned as already stated above, there was no "Associate Professors" in the Economics Department on regular basis and as there was one backlog vacancy there should have been only one current vacancy, but unfortunately, two vacancies were shown which changed the very pattern of roster for Associate Professors in the remaining subjects. Similarly, dS there is already one regular Assistant Professor working and as two vacancies are already shown as backlog vacancies, only one vacancy could have been notified under Economics but unfortunately, under Assistant Professors, four current vacancies were shown which '\- \ 6 r'\ has also altered the roster points of other subjects in the category of Assistant Professors.
1.5. Similarly, by incorporation of Pharmaceutical Chemistry which was also discontinued by the Executive Council, the pattern of l:3:7 is followed. In Pharmaceutical Chemistry there is one regular Professor and therefore, oo vacancy was notified. There are no Associat6 Professors in Pharmaceutical Chemistry and as already one backiog vacancy is notified, there should have been only one current vacancy. But unfortunately two were shown. There were two regular Assistant Pr:ofessors and therefore, for the pattern of 1:2:4 (the requirement is 2 Assistant Professor). However, as the Pharmaceutical Chemistry i.e., Iive years course was taken into account and the pattern of l:3:7 was applied, four current vacancies were notified, besides one backlog vacancy and this led to change of pattern and roster and affected the next subjects i.e., Physics.
1.6. When these things have come to light under the RTI Act, it has become necessary to approach this Court. For the reasons best known to the University, the trvo abandoned courses were introduced again in a hurry recently in January 2013. It is necessary to state that for both five years J 4/ 7 .\ .d pharmaceutical chemistry and Applied Economics, there will be common entrance test conducted by the university for allotting candidates to the universities where the said courses are being offered. Till the last academic year, candidates were being allotted by osmania University by counselling and options. As the Executive council of the Respondent University has taken a decision to discontinue the said five years. courses, the University was not shown in the osmania University common entrance examination obviously because the Respondent is not offering the said courses and accordingly nobody was allotted to the Respondent University. However, when the above illegalities were noticed and issues were raised, the University, to cover up their mistake of incorporating Applied Economics and Pharmaceutical chemistry in the notification, took students from out of no selection process in January 2Ol3- Generally, the courses start from June/July of every academic year and as the University has taken a decision not to grant such courses anc rightly SO, nobody was allotted and only to avoid judicial scrutiny of the above issues, re-introduced those two / five years courses only to justify their action of incorporating wrongly the said courses to the recruitment notification' Further, to the knowledge of the Petitioners, no E.C resolution fn crarrf l^^:^:^- l---^ s.l ^ r t \a \ 8 was taken for re-introduction. Even assuming such re-introduction allowed by the Executive council, the same at the most can be from next year i.e. for 2oL3-14 but they cannot introduce a new course in the middte of the academic year i.e. January, 2ol3 that too without any selection process and through a back door method. L -7 . Generally, it is the procedure wherb when courses are offered by the Universit5r, required staff is recruited for that course, but this is a case where recruitments are being made without there being a course and to overcome that situation, courses are being re-introduced that too without. authorit5r. Besides the above issue, there is an issue of vacancy which was not notified. The decision of the Universigr was to fill up all the vacancies which are existing as on the date of notification which would show that each subject is sought to be filled up with its fullest strength. Dr. A. Maruthi Rao who was working as Regular Assistant Professor in the Respondent universiqr in Botany expired on 06-5-20|2 which is to the knowredge of the Respondent University. Though the notification was issued almost 20 days thereafter, the said vacancy was not t_aken into account and it was not incorporated under the subject Botany. This also led to modification of roster in other roster points in -? 9 i Science under the Science category. In effect, the post which ought not have been excluded have been excluded and the posts which shall not be included have been included as stated above, one inclusion and one exclusion would change and alter the roster points of other subjects and many people of other subjects will be affected. This is exactly what has happened in the present case. The lst Petitioner is the Association, therefore, 1.8. having regard to the above illegalities, it has taken a resolution for challenging the action of the Respondent University for uplifting the rights of the members of the Association' The 2nd Petitioner is the ST candidate and eligible to apply for Assistant professor (Hindi) under sT category. However, as per the notification the vacancy was thrown open for OC. If only there was no Applied Economics subject on the top of the list, Hindi Assistant Professor vacancy should have fallen to sT (General) and the applicant would have had the opportunit5r to get selected. The chances of Petitioner to compete under OC categoryarecomparativelybleak.Ifonlythevacancywould have been notified under ST category this Petitioner could be selected. t ) l0
1.9. Insofar as the 3'd Petitioner is concerned, he is eligible to apply under Organic Chemistry. As per the notilication, two vacancies were notified; one for BC-B and the bther one is for ST (General). Therefore, the 3ra petitioner could not apply. If only there was incorporation of Botany Assistant Professor in the notification dated 2s-s-2o12 t]ne pattern would change to onr: ST (General) and one oc General and though this Petitioner is uc-D he would have applied under the oc General. This was lost. Petitioners are not against the selected candidates on their selection issues and they are only against the way in which selection process was conducted by the University. Hence, this Writ Petition.
2. Registrar of the Respondent University states in the counter that Society claims registration under the Societies Registration Act, but asserts that no documentary evidence or registration certificate was filed by petitioner, thus denies that petitioner sor:iety possesses any juristic status or legal personality as a societ5r. It is stated, petitioners 1 to 3 are not affected by the Universit5r's notification. The writ petition is characterized more as a pubric interest litigation, but the relief dinuctly favours petitioners. It is contended that recruitment . process complies strictly with G.o.Ms.No.420, and, all necessary prior permissions from Government departments for finalizing roster points and notifications have been secured. The president the Petitioner Society is stated to be fully aware of these proceedings but, having become unsuccessful in earlier selections in the departments of Applied Economics and Hindj they started challenging the roster points. Ali allegations regarding incorrect application of roster points are denied. 2.1. This Respondent refutes the contention relating to the 2oth Executive council meeting dated 27-04-2012, stating that only first-year admission to five-year integrated courses in Economics and Pharmaceutical chemistry was discontinued- not the entire courses-due to student demand and poor market prospects for graduates of the five-year program. The M.A. Economics and M.Sc. pharmaceutical chemistry two-year courses had been introduced following the Tttl Monitoring and Development committee resolution dated .already 27-o2-2oo7 in the academic year 2oor-og.It is clarified that the five-year courses continued for students already enrolled and, upon further student demand, first-year admissions for the integrated courses were reintroduced and ratified in the 2rd Academic senate meeting held on o6-L2-2oL2, with academic i ' 12 continuity maintained. While first-year admissions to the integrated courses were suspended for two months in 2OI2-13, they were reintroduced without academic break due to demand. .Entrance examination delays did not affect ongoing students from years two through five. Assertions regarding broken continuity or altered roster points are denied, as neither five- year course was discontinued nor were roster points affected.
2.2. Respondent admits the faculty pattern for three- year and five-year courses, acknowledging the existing arrangements. It is denied, any discontinuation of the five-year courses and states that entrance tests were conducted in October 2012, and all years from first through fifth in Applied Economics and Pharmaceutical Chemistry continued without academic year breakdowns. Assertions of non-necessity for recruitment in these departments are denied; fresh batches commenced as scheduled and teaching workloads justified recruitmenl. under Notification No. Oll2Ol2 and 02l2012 dated 25-05-2012. It is stated, no new posts were sanctioned for two- year courses and that five-year integrated courses had government-sanctioned faculty positions under the I:3:7 pattern. The universit5r claims recruitment followed these sanctioned requirements. l3
2.3. It is clarified that only one regular Assistant Professor was working in Economics and that correct numbers of vacancies-both current and backlog-were notified in accordance with facts and roster patterns. The notification of four vacancies did not alter roster points or disrupt academic continuity, and all batches of the. Iive-year integrated course existed both at the time of notification (25-05 -2or2) and during interviews. It is also stated, information obtained by petitioners under RTI Act pertained only to temporary discontinuation of first-year admissions, which was subsequently reversed. The revival decision for the five-year integrated courses stemmed from representations by students, approvals from the 2nd Academic Senate (meeting held on 06-12-2012), and recommendations by relevant Heads and Deans. The Registrar,s letter No.302/reg/tU /NZB/2012 dated O4-OT-2O12 invited osmania Universit5r to conduct entrance tests as autho rized, by the Andhra Pradesh council for Higher Education, and notifications were published on l2-og-2o12, with classes commencing November 2012. The University's EC meeting on 2l-o3-2or3 ratified these decisions. The assertion that the courses were hastily revived in January 2013 is denied. The Academic Senate, as the highest academic authority, ratified the ,\ t4 revival; no backdoor methods were used, and the EC meetings provided proper ratification. At all material times, adequate workload existed for both existing and newly recruited teachers.
2.4. Respondent explains that Assistant Professor Dr. Maruthi Rao's passing on 06-05-2012 (notified under Notification No.1/20O6, dated 08-09-2006) led to a carry- forward vacancy as per the relevant G.Os, for which separate roster points were fixed. Petitioners erroneously included this vacancy in their claims involving Notifications No.Il2ol2 and 2/2012; the Respondent clarifies that approvals and roster point fixation for new vacancies were done separately and properly. It is further stated, Petitioner No.1, Dr. Datta Hari, already working as Academic Consultant and other petitioners applied for positions and only raised grievances after understanding they were not selected. Petitioner No.1 is an ST candidate eligible for Assistant Professor (Hindi) under ST category, but per notification and the 100-point roster, the vacancy fell to OC and correct roster application was followed. Contentions regarding Applied Economics' placement on top are based on erroneous assumptions. Petitioner No.3 was eligible under Organic Chemistry, with vacancies notified for BC-B and ST (General) categories. Inclusion of Botany Department I 4 / l5 Assistant Professor vacancy after Dr. Maruthi Rao's demise did not impact notifications No.2l2Ol2 as the event occurred after notification. The Executive Council approved notifications for backlog and fresh vacancies separately.
2.5. It is asserted, at notification's issuance (25-05-20121, fre batches of five-year integrated students were pursuing courses and notifications for vacancies reflected requirements. Reintroduction of first-year admissions followed necessary procedures. This Respondent clarifies that selection of teachers is an academic matter governed by Section 43 of the AP Universities Act, l99l and UGC Regulations. Selection Committee experts verified roster point application, qualifications, and experience, and recommendations were ratified by the Executive Council under Section 19 of the AP Universities Act 1991. Petitioners are stated to be unjustified in invoking Article 226 jurisdiction of the'High Court of Andhra Pradesh, as non-appointment of teachers disrupts academic activity and completion of syllabus for upcoming examinations in May 2013. Further, the EC meeting held on 3O-O1-2O13 approved selection of candidates by the Selection Board under Notifications No.l l2OI2, 2l2Ol2, and 3l2Ol2, and appointment orders were issued on OI-O2-2O13 to 13 \ ( l6 individuals: Dr. Sat5ranarayana Chari (Professor, Business Management), Dr. P. Kanakaiah (Professor, Telugu Studies), Dr. Vidhyavardhini (Professor, Botany), Dr. JetlingYellosa (Associate Professor, Law), Dr. G. Praveena Bai (Associate professor, Hindi), Dr. Nagaraj (Associate Professor, Organic Chemistry), Dr. B. Venkateshwarlu, Miss N. Swapna, Dr. D. Johnson, Dr. Abdul Quvai (Assistant Professors, Applied Economics), or. D. sabitha (Assistant Professor, Geo-informatics), Dr. N. Mohan Babu (Assistant Professor, Physics), and B. Shravanti (Assistant Professor, Law). These candidates joined on oL-o2-2o13 forenoon, but further appointments were halted as per election code instructions by District collector and Flectoral officer, Nizamabad, due to ongoing Karimnagar MLC Teachers' constituency elections. The first ten candidates, having joined and served for four days, then received withdrawal orders on o5-o2-2o13 as appointments were deemed contrary to election code.
3. The 2nd respondent filed counter stating that pursuant to t.he Notification dated 2s.os.2ol2, for five posts of Assistant Professors in Pharmaceutical chemistry, one post is reserved for scheduled caste (General) at Roster: point No.27, he made an Application and was called for necessary tests and t7 .) interview which was conducted on 07.lI.2Ol2; he understood that he was selected as Assistant Professor in Pharmaceutical Chemistry in the post reserved for SC (General). However, by order dated 13.03.2013, this Court directed the University not to take any further steps pursuant to the notifications. tt is stated, he is affected by the interim order, hence, filed the vacate petition. It is also stated, notifications were issued as far back as on 25.O5.23OL2 and petitioners have chosen to approach this Court in March 2Ol3 after participating in selection process and apparently after having failed to get selected, for this reason, the Writ Petition is liable to be dismissed
3.1. It is stated, the 2nd respondent belongs to Group Il (Science) and no irregularities are . alleged except stating that one Assistant Professor in Botany had expired in May and if that vacancy is included Roster point would undergo a change; this is unacceptable in law. It is not for petitioners to say that resultant vacancy on the death of an incumbent should be included in notification. The other contention that Academic Council in its meeting held old 27.04.2012 has approved to discontinue five year integrated course and in . its place offer M.A. Economics two years and M.Sc. Chemistry \ l8 ( (Pharmaceutical Chemistry two years) with effect from academic year 2Ol2- l3 is not approved and M.Sc. Chemistry Integrated Course (Pharmaceutical Chemistry) is being continued and admissions have already taken place and classes have commenced. The said fact was not brought to the notice of this Court. There is no justification to entertain the Writ Petition.
4. T'he 2"4 Petitioner filed reply almost reiterating the averments in the Writ affidavit.
5. Heard learned counsel for Sri J. Sudheeer, Sri S. Lakshmikanth, learned Standing petitioners Counsel for respondent-University, Ms. Priyanka Singh, learned counsel appearing on behalf of Ms. K. Udaya Sri, learned counsel for impleaded respondents 2 to 10 and Ms. Umadevi Nama, learned counsel for impleaded respondent uide I.A.No. I of 2023.
6. A perusal of the material on record and having heard learned counsel on either side, it is to be noted, Respondent- university issued recruitment Notification Nos. 1 to 5 of 2012, dated 25.05.2012 calting for Applications for filring up of certain teaching and non-teaching vacancies in various Departments. Petitioners and unofficial respondents are concerned with Notification Nos. 1 and 2 of 2ol2 for the posts in. ,/ / l9 Departments of Apptied Economics and Pharmaceutical Chemistry. Out of the Four Assistant Professor posts in Applied Economics, one each is reserved for SC (General), OC (General), BC-A(General) and OC (Women) categories. In the same waY, out of four posts in Pharmaceutical Chemistry, two are reserved for oc (General) and one each for sc (General) and BC-A (General) categories. As per G.O.Ms. No- 42O Education (UE'l- 1) 7. Department, dated 18.1 1.1995, the departments/subjects within a group should be arranged in alphabetical order for the purpose of roster points. Accordingly, subjects are arranged as: GROUP-I (Arts, Social Sciences, Commerce and business management) S.no Subject Professor 1 Applied economics o1 Professor Vacancy Roster ocw-t OCG- 1 L2 13
2. 3 4 5
6. Business management Commerce (with E- commerce) English Hindi Law BC.C-G-1 L4 oc-G- 1 SC-G-1 oc-w- 1 15 16 t7 Assistant professor Vacancy Roster sc-G-l 27 oc-G-l 28 BC.A-G-L 29 oc.w- 1 30 PHHI-G-1 31 oc-G-l 32 ST-G-1 oc.w-1 BC.B-G-1 oc-G-1 36 oc-G- 1 OC-W,1 33 34 35 37 38 Total 07 o1 o1 o4 o3 o3 ., . i,..:iii*$;l&#i*i*;*tu"d; ".. 20 7 8 9 10 Mass communication Social work Telugu studies Urdu* TOTAL 01 o1 03 BC.D-W- i BC.E-W- 1 18 19 o1 o9 BC.D-G-1 39 oc-G-1 40 4t SC-G-1 oc-G-L 42 o2 18 C 01 o5 o1 o4 30 * Exempted from Roster as per G.O.Ms. No. 120 GROUP-II (Science) Subject S.N o Professo r Associate Professor Vacancy Roster Assistant professor Vacancy Roster Total 1 2 3 4 5 6 7 Applied statistics Biotechnologr Botany Geoinformatics Organic chemistry Pharmaceutical chemistry Physics (with electronics) TOTAL BC.A-W- 1 oc-G- 1 PHVH-W- 1 SC.G-1 sT-w- 1 oc-G- I BC.B-W- 1 oc-G- I oc-w- 1 oc-G- 1 BC.C-G_1 oc-G- 1 t2 o1 01 o1 0l o1 05 BC.D-W- 1 o4 05 BC.E-W- i o6 07 BC.A-G-1 oc-G- 1 08 i sc-w-r 09 i oc-w- t BC.B-G-1 10 ST-G-1 11 t2 oc-G-1 SC-G-1 13 oc-G-1 B.C.A-G- 1 oc-w- 1 PHHI_G-1 l4 I4 15 18 19 20 21 22 23 24 25 26 27 28 29 30 31 03 o5 o2 o5 o5 o6 o6 31 The aforesaid arrangements of departments/subjects are under challenge in this Writ petition.
8. The core contention of petitioners is that distribution of posts as stated in the above tables has been made by wrongly adding Applied Economics and Pharmaceutical Chemistry subjects, since the 20th Executive council of the universit5r met on 27.o4.2oL2 and inter aliatook 2t a decision to discontinue the five-year integrated course of Applied Economics and Pharmaceutical chemistry and in its place to introduce MA Economics (two years) and M.Sc. Pharmaceutical chemistry (two years) from the academic years 2OL2-2OL3. The said two subjects should not have been included and clubbed along with other subjects. If the said subjects are excluded from the group, roster polnts would be changed and it would have serious impact on the reservation of posts. In other words, the cyclic reservation points will drastically change which has direct impact on the very recruitment process. After one month from discontinuing the said two integrated courses, University issued the Notification dated 25.05.2012 incorporating the subject Applied Economics under Group-l i.e. Arts, Social Science, Commerce and Business Management; and also included Pharmaceutical Chemistry under Group-II i.e. Sciences. For regular two years PG courses, pattern of teaching staff is 1+2+4 and for integrated courses (5 years), pattern of teaching staff is 1+3+7 of Professor, Associated Professor and Assistant Professor. It is further contended that vacancies that are sought to be filled up are 1:3:6 to achieve the pattern of l:3:.7. In short, by treating availability of Applied Economics-integrated course, Notification was issued in such a 22 f way to achieve the pattern of I:3:7. In reality, the Economic subjects should have been notified showing as 1:2:4 and as already there is one Assistant Lecturer, Notilication should only show l:2:3 to attain l:2:4 pattern. f . it is also contended that the subject cannot be on top of the list treating it as 'Applied Economics' and it should have been shown after Commerce and abovd English. This would also change the roster points for other subjects. Similarly, by incorporation of Pharmaceutical Chemistry which was also discontinued, the pattern of I:3:7 is followed. No Professor posts were notified since there is one regular Professor. As once backlog vacancy is notified, there should have been only one current vacancy of Associate, but two were notified. There were two regular Assistant Professors, Professor therefore, for the pattern of l:2:4, only two posts of Assistant Professor are to be notified. However, taking into account the integrated course of Pharmaceutical Chemistry, though it is discontinued, pattern of l:3:7 is applied in the notification.
10. In a nutshell, learned counsel for petitioners vehemently contends that though integrated courses of 5 years duration in Applied Economics and pharmaceutical chemistry were discontinued by the decision of the Executive council of f ( 23 the University dated 27.O4.2012, in the Notification in question which was issued subsequent to the decision of discontinuation, the two integrated courses were taken into account as if in existence and roster points are fixed accordingly, which caused great injustice to the candidates.
11. Learned Standing Counsel for the Universit5r while admitting that Resolution dated 27.O4.2O12 was'passed by the Executive Council of the University discontinuing the two integrated courses of 5 years duration in Applied Economics and Pharmaceutical Chemistry, due to demand from students, they were re-introduced subsequently. A decision was taken by the Academic Seat on O6.12.2OL2 to re-introduce the two integrated courses. This decision was ratified by the Executive Council in its meeting on 21.03.2013. Therefore, there is no wrong in including the posts for the two courses in the notification in question, is the main contention. L2. The unofficial respondents also have taken more or less the same stand. Admittedly, the two integrated courses of 5 years duration in Applied Economics and Pharmaceutical Chemistry were discontinued by a Resolution of the Executive Council of the University dated 27.O4.2012. The decision to re- introduce the said courses was ratified by the Executive Council 'I I ( i I 24 (' on 21.O3.2OI3. The Notificatiorr in question was issued on
25.05.2012, by which date, undisputedly, the two integrated courses are not in currency. Therefore, notifying the vacancies for the courses which are not in existence, is a flaw. This, undoubtedly, affected the roster points of reservation. The Notification in question is vitiated for this point and is liable to be set aside.
13. For the aforesaid reasons, Notifications O1 and 02 of 2OI2 (Teaching) both dated 25.05.2012 are set aside. The Writ Petition is accordingly, allowed. Telangana University is at liberty to issue fresh Notifications. No costs.
14. Consequently, Miscellaneous Applications, if any shall stand closed. That Rule Nisi has been made absolute as above. witness THE HON'BLE THE CHIEF JUSTICE APARESH KUMAR stNGH, on this FRIDAY, THE THIRW FIRST DAY OF OCTOBER TWO THOUSAND AND TWENry FIVE , \ 'r/ To //TRUE COPYII Sd/-P.PONNA KRISHNA ASSISTANT REGISTRAR g SECTION OFFICER IoPUCI
1. The Registrar, Telangana University, Dichpally, Nizamabad District. 2. One CC to SRI J.SUDHEER, Advocate [OPUC] 3. One CC to SRI S.LAKSHMIKANTH, SC FOR TELANGANA UNIV NIZMBD 4. One CC to Ms. K.UDAYA SRl, Advocate [OPUC] 5. One CC to Ms. UMADEVI NAMA, Advocate IOPUC] 6. One CC to SRI K.V.RAJASREE, Advocate [OPUC] 7. One CC to SRI K.AMARENDER RAJU, Advocate tOpUCI 8. One CC to SRt K.ASHOK REDDY, Advocate tOp0cl 9. Two CD Copies PSK. PMK 6\ HIGH COURT DATED:31 11012025 ORDER WP.No.5566 of 2013 lrlL sI.l r4r e 'rr, 1 n il0\/ mt (n l' 2 I .srJ ITCH€ o a LOWING THE WRIT PETITION WITHOUT COSTS I