COMMISSIONER OF COLLEGIATE EDUCATION Vs. R. SRINIVAS
SUPREME COURT OF INDIA
COMMISSIONER OF COLLEGIATE EDUCATION
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(1.) Leave granted.
(2.) Heard learned counsel for the parties. Earlier by our order dated 16.12.2014 we
noted the stand of Mr. Guntur Prabhakar,
learned counsel appearing for the appellants,
that the State Government has taken the
initiative to implement our suggestion made in
our order dated 28.10.2014, a Scheme has been
formulated on 19.1.2015. Under the said
Scheme, the State has now come forward with the
following proposals: -
"After careful examination of the matter in order to regulate the appointment of lecturers in Aided Colleges and encourage the institutions which have NAAC accredition, the Government have agreed the above proposal subject to the following modifications:
a) Filling of vacancies in those subjects where there is a need, based on the norms relating to student teacher ratio. Subject to the above, the vacancies, in the Colleges which have 'A' grading assigned by the NAAC should be filled and 50% of the vacancies in the Colleges with 'B' grade should be filled, provided there is sufficient work load.
b) The Government favours direct recruitment to the above vacancies, in which the teachers working in un -aided posts should also be given an opportunity to compete along with others, provided they fulfill all the eligibility criteria except the upper age limit, which should be relaxed to (45) years as proposed at Para -1(5) above.
c) The proposal in Para -1(4) above is considered and decided to give weightage of (10) marks to the un -aided Lecturers who worked minimum (10) years and an increase of marks per each year subject to a maximum of (15) years, if such a weightage is given based on an objective criteria of performance.
d) Rule of Reservation should be followed.
4. Therefore, the Commissioner of Collegiate Education, A.P., Hyderabad is requested to take further necessary action in the matter and appraise the Supreme Court of India, accordingly."
(3.) To the said Scheme, objections were filed on behalf of the contesting private respondents
on 2.2.2015. Along with the objections, the
profiles of the private respondents have also
been furnished under Annexure A3, which
discloses that out of eight respondents,
Respondents -Smt. Neela Krishna Veni, Smt. M.
Madhavi and Dr. K. Hanuma Reddy have crossed
the age limit of 45 years and thereby they will
not be able to fall within the condition set
out in paragraph 3(b) of the Scheme. As far
as, rest of the candidates are concerned, we
find that except Respondents -Dr. P. Venugopal
and Dr. K. Hanuma Reddy the other respondents
do not fulfill the educational qualification,
namely, having passed National Eligibility Test
(NET) though all of them are possessing M. Phil
qualification to their credit. That apart, it
is not in dispute that all the eight candidates
are presently working in the unaided posts in
the institution having 'A' Grade assigned by
NAAC and thereby the said requirement set out
in the Scheme of the Government is also
fulfilled. Having considered the above
particulars pertaining to the private
respondents, we also noticed that each one of
them have put in service ranging from 14 years
(minimum) to 23 years (maximum).;
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