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Andhra Pradesh High Court - Amravati

K Chandrasekhar Reddy vs Jawaharlal Nehru Tech on 20 November, 2024

`-s~._~




                  IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
                                               JS,




                                   (SPECIAL ORIGINAL JURISDICTION)
                          WEDNESDAY,THE TWENTIETH DAY OF NOVE

                                  TWO THOUSAND AND TWENTY FOUR

                                                     :PRESENT:
             THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

                                    WRIT PETITION NO: 3041 OF 2019
           Betwee n :
              Dr. K Chandrasekhar Reddy, S/o. Late K. Muni Reddy, aged about 49

              years, R/o. D.No.ll-44/5, First Floor, Nadhamunireddy Building, Near S.V.
              Nagar Post Office, S.V. Nagar, Tirupati -517 502, Chittoor District.

                                                                                          Petl-tioner
           AND

              1. Jawaharlal Nehru Tech, University Anantapur, Ananthapuramu, rep. by
                 its Registrar.
              2. Dr.D.Neeraja, D/o. D. Srenivasulu Naidu, aged about 43 years, R/o.

                 Professor,       civil     Engineering     Department.     JNTUA        College   of
                 Engineering, Kalikiri.

                                                                                      Respondents
                 Petition under Article 226 of the Constitution of lndI'a iS filed praying that
          in the cI-rCumStanCeS Stated in the affidavit filed therewith, the High Court may

          be pleased to issue an appropriate writ/order or Direction more in the nature
          of Writ of Mandamus declaring the action of the Respondent University in
          rejecting the case of the petitioner for appointment as professor, civI'I
          Engineering, in JNTUA College of Engineering,                Kall'kl'rl',   pursuant to the

          NotificatI-On     Vide          Advt.No.C1      /JNTUAIEstt./1/Professors/2017      dated

          23.10.2017 and in favourably considering the case of the 2nd Respondent by
          selecting and appointing the 2ndRespondent against the said post vide
          Procs.NoCl/Estt./JNTUA/ RecruI®tment/Professors/(7)/2018 dated 31.12.2018

          even though the 2nd Respondent holds lesser qualifications and merit than
          the Petitioner as arbitrary, illegal, malafide, unjust, vl'olative of fundamental
 ---      /'




      rights guaranteed to the Petitioner
                                       |J
                                          under the Constitution of India, violative of

      principles of natural justice, and consequently set aside the 2nd Petitioner's
      appointment as Professor Civil Engineering, JNTUA College of Engineering,
      Kalikiri duly holding that the Petitioner is entitled to be appointed against the

      said post with effect from the date on which the 2nd Respondent was
      appointed along with all consequential attendant benefits.
      IANO:1 OF2019:

              Petition under Section      151    of CPC is filed praying that in the      €~
      circumstances stated in the affidavit filed in support of the petition, the High
      Court may be pleased be pleased to suspend the Procs.No.C1/Estt./JNTUA/
      Recruitment/Professors/(7)/2018 dated 31.12.2018 appointing of the 2nd
      Respondent as Professor in the Respondent University, Pending dispesal of
      WP 3041 of 2019, on the file of the High Court.
      lANO:2OF2019:

              Petition   under Section    151    of CPC is filed     praying that in the ,

      circumstances stated in the affidavit filed in support of the petition, the High
      Court may be pleased to direct the Respondent University to produce the
      records sought for tin the letter dated 19.03.2019 of the Counsel for the

      petitioner sent by email to the standing counsel of the Respondent University
      forthwith, Pending disposal of WP 3041 of 2019, on the file of the High Court.
      lANO:4OF2024:
              Petition   under Section   151    of CPC   is filed   praying that in the
      circumstances stated in the affidavit filed in support of the petition, the High
      court may be pleased to direct the 2nd Respondent university to produce the
      documents relating to the evaluation of procedure along with list of journals
      fumished by the writ petitioner Ion WP.No. 3041/2019 in the interest of justice,
      Pending disposal of WP 3041 of 2019, on the file of the High Court.
      lANO: 6OF2024 :

              Petition   under Section   151    of CPC   is filed   praying that in the

      circumstances stated in the affidavit filed in support of the petition, the High
      Court may be pleased to direct the Committee to be appointed by it to submit
                                                                                            I



 a Report with respect to the -vl-olations pol®nted ollt by the petitioner in the

 above    matter   duly     taking   into   consideratl®on   the   Recruitment   Rules /
 Guidelines approved by the Executive council (EC) of the lst Respondent
 University at its lx Executive council Meeting held on 30.03.2018 and the
 Recruitment Notification dated 23.10.2017 issued pursuant to the same,
 Pending disposal of WP 3041 of 2019, on the file of the High Court.

         The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and upon hearing the arguments of sri s SRI
RAM REDDY Advocate for the petitioner and of SRI PENJURI VENUGOPAL,
Advocate for the Respondent No.1 and of SRI P.NAGENDRA REDDY,
Advocate for the Respondent No.2, the Court made the following
ORDER:

'fRegjstrar Judicial is requested to get information from I.l|T. Tirupatl- about avallabl-lily of Three Professors of CivI-I EngI-neering Branch to examine the assessment of the petl-tioner as well as Respondent No.2 relating to API scores for the promotion of professor, Civil Engineering.

Ll-st the matter on 13.12.2024."

Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Registrar (Judicial), High Court ofAndhra Pradesh, Amaravati.

2. The Registrar, JawaharlaI Nehru TechnologI'CaI, UniversityAnantapur, Ananthapuramu.

3. Dr.D.Neeraja, D/o. D. Srenivasulu Naidu, aged about 43 years, R/o.

Professor, civil Engineering Department. JNTUA College of Engineering, KalikirI-.

-

4. The Director, Indian r+lnstI-lute of Techonology, Tirupati, Andhra pradesh.(Addressee Mos.2 to 4 by SPEED POST)

5. One CC to SRl. S SRI RAM REDDYAdvocate [opuc]

6. One CC to SRI. PENJURI VENUGOPAL, Advocate [opuc]

7. One CC to SRI.P.NAGENDRA REDDY, Advocate [opuc]

8. One spare copy ER I:

ii HIGH COURT VJP, J DATED:20/ll/2024 LIST THE MATTER ON 13.12.2024 ORDER WP.No.3041 of 2019 DIRECTION S. KAMALAKAR REDDY AM ARAVATI REGISTRAR (JUDICIAL) DATE 23.ll.2024 I?7-
                                   Roe.No                JUDL/2O24
To
The Director,
Indian Institute Of Technology, Tirupati.
Andhra Pradesh.
Sir, Sub:- Public Services -Information regarding about availability of three Professors of Civil Engineering Branch to examine the assessment of APl scores of the petitioner as well as respondent No.2 in WP No.3041 of 2019 on the file of the Honlble High Court of A.P. -requested -Regarding.
Ref : Copy of order of the Hon'ble High Court of Andhra Pradesh in W.P.No.3041 of2019, dated 20.ll.2024.
*** The Hon'ble High Court while dealing with.w.p.No.3014 of 2019, directed the Registry to get information from the I.I.T. Tirupati about availability of three (3) Professors of Civil Engineering Branch to examine and assess the Petitioner as well as Respondent No.2 relating to their API scores for the promotion to the post of professor, civil Engineering, at JNTU College of Engineering, Kalikiri.
The facts of the Writ Petition in a nutshell are that the JNTU College of Engineering at Kalikiri/Respondent University rejected the case of the writ Petitioner for appointment as professor of civil Engineering and considered and selected the Respondent No.2. Aggrieved by the selection of Respondent No.2 as Professor, the Petitioner filed the Writ Petition COntending that Respondent No.2 holds lesser qualification and merit than him that selection of the Respondent No.2 shall be set aside and the Petitioner be appointed as professor of civil Engineering, JNTU College of Engineering at Kalikirj.
Therefore, you are requested to place the availability of three (3) Professors of Civil Engineering Branch at I.I.T. Tirupati to examine and assess the Petitioner and Respondent No.2 relating to their API scores.
The matter stood posted to: 13.12.2024.
lSTRAR (JUDICIAL) Encl: Copy of order of the Hon'ble High Court vS\\\\RA ` ofAndhra Pradesh in W.P.No.3041 of2019, dated 20.ll.2024