Andhra Pradesh High Court - Amravati
Dr B Hari Mallikarjuna Reddy vs State Of Ap on 3 February, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF FEB RUARY TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 2243 OF 2021 Between: Dr. B Hari Mallikarjuna Reddy, S/o B.Siva Reddy. ...Petitioner_-- AND 1. State of Andhra Pradesh, rep. by its Special Chief Secretary, Agriculture and Cooperation (Horti and Seri) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. Dr. Y.S.R.Horticultural University, rep. by its Registrar, Venkataramannagudem, West Godavari District. 3. The Vice-Chancellor, Dr. Y.S.R.Horticultural University, Venkataramannagudem, West Godavari District. ...Respondents--
WHEREAS the Petitioner above named through his Advocate Sri J Ugranarasimha presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents 2 and 3 to complete the selection process afresh for recruitment of the post of Assistant Professor for the Department of Statistic and Mathematics properly with the regular Vice Chancellor officiating as Chairman in the Selection Committee. --~ AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri J Ugranarasimha, Advocate for the Petitioner, GP for Agriculture and Cooperation for Respondent No.T and of N Harinath, Standing Counsel for Respondent No.2 & 3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. ~ You viz:
1. The Special Chief Secretary, Agriculture and Cooperation (Horti and Seri) Department, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Guntur District.
2. The Registrar, Dr. Y.S.R.Horticultural University, Venkataramannagudem, West Godavari District.
3. The Vice-Chancellor, Dr. Y.S.R.Horticultural University, Venkataramannagudem, West Godavari District. .--
are directed to show cause either appearing in person or through an Advocate, as case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted IA NO: 1 OF 2021 --
ao Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 and 3 not to conduct further interviews for recruitment of the posts of Assistant Professors in the 2" respondent university, pending disposal of WP No.2243 of 2021, on the file of the High Court.~ The Court made the following: ORDER "Notice before admission.
The petitioner had applied for the post of Assistant Professor in the Statistics and Mathematics Department of 2nd respondent University. Interviews for these posts were conducted for 12 departments out of 17 departments. At that stage, a public Interest Litigation (PIL) was filed _4 W.P.(PIL).No.134 of --
2019, challenging the appointment of the then acting Vice Chancellor. In that writ petition, a Division Bench of this Court by an order dated 24.09.2019 had directed that it would not be proper for the Vice Chancellor placed in Full Additional Charge to proceed with the recruitment process to the post of Assistant Professor and directed the said Vice Chancellor not to proceed with the recruitment process and if any such process has been taken up, the same would not be finalized. This order is still in force.
After passing of this order, it appears that a regular Vice Chancellor has been appointed and the interview Process for the remaining 5 departments where no interviews have been conducted are being taken up.
At this stage, the petitioner has now approached this Court with the grievance that the interviews for the 12 departments for which, interviews have already been completed should again be taken up afresh including the department of Statistics and Mathematics.
Sri Harinath Reddy, learned Standing Counsel for the University submits that in view of the appointment of the regular Vice Chancellor, the Public Interest Litigation (PIL) has effectively become infructuous and as such, steps would be taken to finalize the selection of Assistant Professors.
In view of the order the Division Bench dated 24.09.2019, none of the selections can be finalized unless and until there is a variation in the order of the Division Bench or the Public Interest Litigation (PIL) itself is closed. The question of the validity of the interviews carried out by a committee in which the person, who is not qualified as a member will have to be considered.
In these circumstances, post this writ petition along with W.P (PIL).No.134 of 2019.
In view of the orders of the Division Bench dated 24.09.2019, the respondents shall not finalize the recruitment for the posts of Assistant Professors in the Department of Statistics and Mathematics in the 2nd respondent University till further orders."
Sd/-M.RameshBab ASSISTANT REGISTR (TRUE COPY// Ee SECTION OFFICER To,
1. The Special Chief Secretary, Agriculture and Cooperation (Horti and Seri) Department, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Guntur District.
2. The Registrar, Dr. Y.S.R.Horticultural University, Venkataramannagudem, West Godavari District.
3. The Vice-Chancellor, Dr. Y.S.R.Horticultural University, Venkataramannagudem, West Godavari District. (1 to 3 by RPAD- along with a copy of petition and affidavit)
4. One CC to Sri J Ugranarasimha Advocate [OPUC] 5S. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]
6. One spare copy SP HIGH COURT RRRJ DATED: 03/02/2021 POST THIS WRIT PETITION ALONG WITH W.P (PIL).NO.134 OF 2019 NOTICE BEFORE ADMISSION WP.No.2243 of 2021 DIRECTION