Andhra Pradesh High Court - Amravati
Dr.K. Rama Krishna vs The State Of Andhra Pradesh, on 22 October, 2020
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE _SPECIAL ORIGINAL JURISDICTION) oe " THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE RRAGHUNANDAN RAO) ~~ WRIT PETITION NO: 19593 OF 2020. Between: ' Dr.K. Rama Krishna, S/o Subba Rao, Hindu, Aged about 60 years, Occ- Professor, Department of Physics Bapatla Engineering College, R/o 6-6-58, Srungarapuram, Bapatla, Guntur District, Andhra Pradesh -522101 ° .. Petitioner AND 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Education Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2 The Commissioner, Andhra Pradesh State Board of Technical Education M.N.R.Bhavan, Vijayawada, Krishna District. " 3. Admission and Fee Regulatory Committee (AFRC), Tadepalli, Guntur District, Andhra Pradesh Represented by its Secretary. 4 All India Council for Technical Education(AICTE), Nelson Mandela Marg, Vasant Kunj, New Delhi-11070, Represented by its Member Secretary 5. The President, Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. 6. Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, represented by its Secretary. 7. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. ... Respondents WHEREAS the Petitioner above named through his Advocate Sri Kambhampati Ramesh Babu 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 appropriate writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in contemplating to retire the petitioner as professor in 6th respondent institution on attaining 60 years of age, though the age of superannuation fixed as per All India Council for Technical Education (Pay Scales, Service conditions and qualifications for the Teachers and other academic staff in Technical Institutions (Degree) ) Regulations 2010' and guidelines of AP Admission and Fee Regulatory Committee (AFRC), is 65 years for teaching staff, as illegal, irregular, arbitrary, discriminatory, unconstitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India, and set aside and quash the intimation letter dated 30-09-2020 issued by the 6th respondent intimating to the petitioner that he would be retired from service on 31-10-2020 on completion of the 60 years of age, and consequently direct the Respondents 1 to 4 to direct the respondent Nos. 5 to 7 to continue the petitioner in service as Professor in 7 Respondent Institution till he attain the age of 65 years as per the above mentioned regulations, or else not to accord approval for the 6th respondent college in case the AICTE regulations are violated and unimplemented. AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri Kambhampati Ramesh Babu Advocate for the Petitioner and of GP for Education, for Respondent Nos 1 and 2, Sri C.Sudesh Anandh, Standing Counsel for AFRC for Respondent No.3, Sri K.Ramakanth Reddy, Standing Counsel for AICTE for Respondent No.4 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 Education Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Andhra Pradesh State Board of Technical Education M.N.R.Bhavan, Vijayawada, Krishna District. . 3. The Secretary, Admission and Fee Regulatory Committee (AFRC), Tadepalli, Guntur District, Andhra Pradesh. 4. The Member Secretary, All India Council for Technical Education(AICTE), Nelson Mandela Marg, Vasant Kunj, New Delhi-11070. 5. The President, Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. 6. The Secretary, Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District. . 7. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. 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 5 to 7 to continue the petitioner in service as Professor in Physics until the age of 65 years in terms of All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Degree) ) Regulations 2010 and guidelines of AP Admission and Fee Regulatory Committee (AFRC), pending disposal of WP No.19593 of 2020, on the file of the High Court. The Court made the following: ORDER:
"Notice before admission.
Learned counsel for the petitioner is permitted to take out persona! notice to respondent Nos.5 to 7 by RPAD and file proof of service by the next date of hearing. . .
Post on 24.11.2020.
In the meantime, the respondents shall continue the petitioner in service till further orders in view of the provisions of All India Counsel for Technical Education Regulations, 2010 and the guidelines of the Andhra Pradesh Admission and Fee Regulatory Committee." :
Sd/- V. DIWAKAR ASSISTANT-REGIST TRUE COPY// For ASSISTANT REGISTRAR To,
4. The Principal Secretary Education Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District.
2. The Commissioner, Andhra Pradesh State Board of Technical Education M.N.R.Bhavan, Vijayawada, Krishna District.
3. The Secretary, Admission and Fee Regulatory Committee (AFRC), Tadepallii, Guntur District, Andhra Pradesh.
4. The Member Secretary, All India Council for Technical Education(AICTE), Nelson Mandela Marg, Vasant Kunj, New Delhi-11070.
5. The President, Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh.
6. The Secretary, Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District.
7. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. (1 to 8 by RPAD- along with a copy of petition and Affidavit) 8 One CC to Sri. Kambhampati Ramesh Babu Advocate [OPUC] 9 Two CCs to GP for Education, High Court Of Andhra Pradesh. [OUT]
40.One CC to Sri C.Sudesh Anandh, Standing Counsel for AFRC [OPUC]
41.One CC to Sri K.Ramakanth Reddy, Standing Counsel for AICTE [OPUC]
12.One spare copy.
HIGH COURT RRR,J DATED:22/10/2020 ORDER POST ON 24.11.2020 NOTICE BEFORE ADMISSION WP.No.19593 of 2020 --
DIRECTION 26 OCT #8)