Document Fragment View

Matching Fragments

"It has been decided in principle to permit Osmania & Kakatiya Universities to issue a fresh notification inviting the applications from the eligible candidates including the Writ petitioners of the Universities. The cases of the Writ petitioners would be considered for regular appointment in relaxation of the age limit condition. Accordingly you have been requested to furnish the necessary information vide reference for immediate appropriate orders."

20. In view of the letter addressed by the Government and in view of the submissions made by the learned counsel for the Universities, pursuant to the order issued in the said batch dated 28.12.2001, the respondents have agreed that they would conduct selections and consider the case of the petitioners for regular appointment, after relaxing their age, who have crossed the age limit, seeking appointment as Lecturers. In those circumstances, the Division Bench held that the above arrangement was a fair arrangement and accordingly considered the request of the petitioners. Therefore, while accepting the contentions of the Universities and the State that the petitioners-part-time lecturers would have to face competition, directed that the process of selection shall be completed within a period of four months from the said date. The candidates who have crossed the age limit shall be granted relaxation for being eligible for selection. During the period of these four months the petitioners shall continue to remain in service on the same terms and conditions which are applicable to them as on that day and shall not be removed from service. If the selection is not completed within four months they shall be entitled to salary in the Grades, which are meant for Lecturers, without further orders from the Court. In those circumstances, directions were issued to the Universities as well as the State Government holding that it is the responsibility of the State Government as well as the Universities to complete the process of selection within four months. It is stated that the aforesaid judgment of the Division Bench in W.A.No.764 of 1998 is an agreed order and therefore, it has no application to the facts of the case, as in the said case against the judgment of earlier writ appeals, the Apex Court remanded the same and therefore, on the suggestions made by the Division Bench, the State Government and the Universities agreed and the said order was passed.

23. However, the Division Bench held that the relief granted by the earlier Division Bench in W.A.No.764 of 1998 and batch, while considering the case of the part-time Lecturers, directed that they shall remain in service on the same terms and conditions as on that day and shall not be removed from service. The Division Bench further directed that the University shall complete the selection process within four months and if at the expiry of four months the selection is not completed they shall be entitled to salary in the Grades, which are meant for regular Lecturers, cannot be made applicable to the petitioners herein as the said direction was an agreed order. However, the Division Bench disposed of the writ petitions with the following directions:

25. Learned counsel for the petitioners could not lay any foundation under what law the petitioners are entitled for regularization. For the aforesaid reasons, I am of the opinion that the petitioners are entitled to the similar relief as was ordered by the Division Bench of this court in W.P.No.6469 of 2001 and batch dated 21.10.2003.

26. Sri S. Ramachandra Rao, learned senior counsel appearing for petitioners submits that the university has been making attempts to displace the writ petitioners who are already working as contract Assistant Professors/Lecturers in order to appoint others in their place on the very same basis which cannot be countenance by this Court. I hope and trust that the University shall not resort to any practice of displacing one contract Assistant Professor/Lecturer and appoint another in his place. Any such action may be arbitrary. Learned Government Pleader appearing for the State and the University submitted that there has been no such attempt on the part of the University to displace one contract Assistant Professor/Lecturer and to appoint another in place of such displaced contract Assistant Professor/Lecturer. It shall always be open to any of those writ petitioners to approach this Court in case any such attempts is made by the University. However is shall always be open to the University to terminate the contract of any such Assistant Professor etc., by invoking covenants in the contract but not for the purposes of appointing somebody else on the contract basis unless person to be appointed is better qualified and more suitable for entrusting with teaching assignment. As it is not desirable to replace the temporary services of the petitioners, making similar arrangements, with some others, the respondents shall take steps to identify regular vacancies that are to be filled on permanent basis. Accordingly, the respondents are directed to issue notification and fill up the regular vacancies before the end of the academic year and complete the process of selection on or before 31.03.2005.