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Andhra Pradesh High Court - Amravati

Shaik Nazeer Hussain, vs The State Of Andhrapradesh, on 23 September, 2020

Author: M.Venkata Ramana

Bench: M.Venkata Ramana

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVARTI
(SPECIAL ORIGINAL JURISDICITON)

WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY

:PRESENT:

 

THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA

WRIT PETITION NO: 17090 OF 2020
Between:
Shaik Nazeer Hussain, MA (English) S/o Johnmiya,
P. Mabhu Subhan, MA (English) S/o P. Azeet,
N. Swarna Kumari, MA (English), M.Ed, BLISC. W/o M. Jithendra Naidu,
Katumala Sreekanth, M.A (English) S/o K.J.J. Raju,
A. Rama Devi, M.A (English), M.Ed, W/o B. Jayaram, |
Manipatruni Tejadevi, MA (English), B,Ed. W/o R.V.Ramana,
Suseela Saripalli, MA (Spl.English), M.Ed. D/o S. Vishnu,
Mallena Netaji, M.A (English) S/o M. Gopala Rao,
_ Valamala Suneetha, M.A (English), M.Phil. D/o V. Jayaraju,
10.Peda Siva Naga Raju Sola, M.Sc (Mathematics), B.Ed. S/o S. Kasulu,
11.Modugu Praveena, M.Sc (Mathematics). D/o M. Essaku,
12. Bhukya Lavanya, M.Sc (Applied Mathematics), B.Ed. D/o B. Arjuna Rao,
13.Baddela Hari Babu, M.Sc (Mathematics), M.Tech(CSE), M.Ed S/o B. Gopala
Reddy,
14.M. Rajeswari, M.Sc (Mathematics), B.Ed. D/o.M. Thirupal Naik,
15.Kosanam. Gayatri, M.Sc (Mathematics). D/o K. Rama Rao,
16.T. Bhavyasri, M.Sc (Organic Chemistry), B.Ed. S/o T. Koteswara Rao,
17.Mani Kiran Peeka, M.A (English), B.Ed. S/o Wilson Raju,
18.T. Venkata Narayana, M.Sc (Mathematics), B.Ed. S/o T. Sreenivasulu,
...Petitioners

OMDNOARWN>

AND

4. The State of Andhrapradesh, Rep by its Principal Secretary, Department of
Higher Education, Secretariat Buildings, Velagapudi, Guntur District,
Andhrapradesh.

2. Rajiv Gandhi University of Knowledge Technologies, Andhra Pradesh,
Represented by Its Registrar Rajiv Gandhi University of Knowledge
Technologies, Mylavaram Road, Nuzvid, Krishna District, Andhra Pradesh -
521201,

3. The Chancellor, Rajiv Gandhi University of Knowledge Technologies, Andhra
Pradesh, Camp at Nuzvid Campus, Nuzvid, Krishna District, Andhra Pradesh,
Pin 521202

A. The Dean-Acadamics and Examinations, Rajiv Gandhi University of Knowledge
Technologies, Mylavaram Road, Nuzvid, Krishna District, Andhra Pradesh -
521201.

5. The Director, RGUKT Nuzvid Campus, Rajiv Gandhi University of Knowledge
Technologies, Mylavaram Road, Nuzvid, Krishna. District, Andhra Pradesh -
521201

8. The Director, RGUKT RK Valley and Ongole Campus, RGUKT RK Valley
Campus, Rajiv Gandhi University of Knowledge Technologies, Rajiv Knowledge.
Valley (Idupulapaya), Vempalli Mandalam, Kadapa District, Andhra Pradesh -
516330

7. The Director, RGUKT Srikakulam Campus, Rajiv Gandhi University of
Knowledge Technologies, Administrative Block, S.M Puram, Etcherla(M),

Srikakulam District, Andhra Pradesh - 532402.
. .Respondents

WHEREAS the Petitioner above named through their Advocate Sri Devalaraju
Anil Kumar 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 a Writ, Order or Direction more particularly one in the nature of Writ of
Mandamus declaring the impugned action of the Respondents in not allowing the
Petitioners to duties and not paying salaries and not reviewing their performances along
with other contract Assistant Professors who are also selected and appointed under the
same Notification dt.15.05.2018 RGUKT-AP/Estt Contract Faculty Recruitment/2018 as
arbitrary, illegal, without jurisdiction, violative of Article 14, 16 and 21 of the Constitution
of India and consequently direct the Respondents to allow the Petitioners to duties and
pay salaries from May 2020 on par with the others who were selected and appointed
along with Petitioners under same Notification dt.15.05.2018 RGUKT-AP/Estt Contract
Faculty Recruitment/2018 as contract faculty, with all attendant benefits and
consequential benefits and reliefs.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Devalaraju Anil Kumar Advocate for the
Petitioner, P.Chandra Sekhar Reddy, Advocate for the Respondents Nos. 2 to 7
Government Pleader for Services III for Respondent No.1, 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 Principal Secretary, Department of Higher Education, State of Andhra
Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh.

2. The Registrar, Rajiv Gandhi University of Knowledge Technologies, Andhra
Pradesh, Rajiv Gandhi University of Knowledge Technologies, Mylavaram Road,
Nuzvid, Krishna District, Andhra Pradesh - 521201,

3. The Chancellor, Rajiv Gandhi University of Knowledge Technologies, Andhra
Pradesh, Camp at Nuzvid Campus, Nuzvid, Krishna District, Andhra Pradesh,
Pin 521202

4. The Dean-Acadamics and Examinations, Rajiv Gandhi University of Knowledge
Technologies, Mylavaram Road, Nuzvid, Krishna District, Andhra Pradesh -
521201.

5. The Director, RGUKT Nuzvid Campus, Rajiv Gandhi University of Knowledge
Technologies, Mylavaram Road, Nuzvid, Krishna. District, Andhra Pradesh -
521201

6. The Director, RGUKT RK Valley and Ongole Campus, RGUKT RK Valley
Campus, Rajiv Gandhi University of Knowledge Technologies, Rajiv Knowledge.
Valley (Idupulapaya), Vempaili Mandalam, Kadapa District, Andhra Pradesh -
516330

7. The Director, RGUKT Srikakulam Campus, Rajiv Gandhi University of
Knowledge Technologies, Administrative Block, S.M Puram, Etcherla(M),
Srikakulam District, Andhra Pradesh - 532402.

are be and hereby directed to show cause either appearing in person or through an
Advocate, 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 2020

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 to allow the Petitioners to duties and pay salaries from May 2020 on par
with the others who were selected and appointed along with Petitioners under same
Notification dt.15.05.2018; RGUKT-AP/Estt-Contract Faculty Recruitment/2018 as
contract faculty by permitting them to attend the Review of the Annual Performance of
Contract Faculty working in campus of Respondents No.5, 6 & 7 being held from
14.09.2020 to 29.09.2020, pending disposal of WP No. 17090 of 2020, on the file of the
High Court.
The Court made the following:
ORDER:

"Notice before admission.

Learned Government Pleader for Services-lll takes notice for the 1° respondent.

List the matter along with I.A.No.1 of 2020 on 01.10.2020 under the same caption.

In the meantime, learned Standing Counsel for Rajiv Gandhi University of Knowledge Technologies to take instructions in the matter." Sd/- M. SURYANADBA REDDY R :

ASSISTANT REGISTRA ITRUE COPYI/ / For ASSISTAN EGISTRAR To,
1. The Principal Secretary, Department of Higher Education, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh.
2. The Registrar, Rajiv Gandhi University of Knowledge Technologies, Andhra Pradesh, Rajiv Gandhi University of Knowledge Technologies, Mylavaram Road, Nuzvid, Krishna District, Andhra Pradesh - 521201,
3. The Chancellor, Rajiv Gandhi University of Knowledge Technologies, Andhra Pradesh, Camp at Nuzvid Campus, Nuzvid, Krishna District, Andhra Pradesh, Pin 521202
4. The Dean-Acadamics and Examinations, Rajiv Gandhi University of Knowledge Technologies, Mylavaram Road, Nuzvid, Krishna District, Andhra Pradesh -

521201.

5. The Director, RGUKT Nuzvid Campus, Rajiv Gandhi University of Knowledge Technologies, Mylavaram Road, Nuzvid, Krishna. District, Andhra Pradesh - 521201

6. The Director, RGUKT RK Valley and Ongole Campus, RGUKT RK Valley Campus, Rajiv Gandhi University of Knowledge Technologies, Rajiv Knowledge. Valley (Idupulapaya), Vempalli Mandalam, Kadapa District, Andhra Pradesh - 516330

7. The Director, RGUKT Srikakulam Campus, Rajiv Gandhi University of Knowledge Technologies, Administrative Block, S.M Puram, Etcherla(M), Srikakulam District, Andhra Pradesh - 532402. (Addresses Nos 4 to 7 by RPAD- along with a copy of petition and Affidavit) 8 One CC to Sri. Devalaraju Anil Kumar Advocate [OPUC] 9 One CC to P.Chandra Sekhar Reddy, Standing Counsel [OPUC]

40. Two CCs to GP for Services Ill, High Court of Andhra Pradesh [OUT]

41.Two CCs to GP for Higher Education, High Court Of Andhra Pradesh. [OUT]

12.One spare copy MSB HIGH COURT MVR,J DATED:23/09/2020 ORDER NOTICE BEFORE ADMISSION LIST THE MATTER ON 01.10.2020 WP.No.17090 of 2020