K VENKATA REDDY Vs. DIRECTOR OF PUBLIC INSTRUCTION ANDHRA PRADESH HYDERABAD
LAWS(APH)-1971-11-13
HIGH COURT OF ANDHRA PRADESH
Decided on November 23,1971

K.VENKATA REDDY Appellant
VERSUS
DIRECTOR OF PUBLIC INSTRUCTION, ANDHRA PRADESH, HYDERABAD Respondents

JUDGEMENT

- (1.) This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the order of the Director of Public Instruction, R. C. No. 2423-53/69 dated 7th May, 1970.
(2.) Briefly, the facts giving rise to this writ petition are as follows :The petitioner is a Grade I Telugu Pandit in the " Sree Venkateswara Sanskrit High School," at Yerpedu. He was a "Vidhwan of "Sree Venkateswara University" and was originally working as Grade II Pandit in the above school from 14th August, 1963. In 1966, he underwent Pandit's training and passed the same. He was entrusted with teaching higher classes in 1967-68 and 1968-69 and was sanctioned a special allowance of Rs. 10 par month. It appears that, on 9th April, 1969., Smt. Amruthamma, who Was Grade I Pandit in the school died. The petitioner was appointed as Grade I Pandit in that vacancy. The 4th respondent. Sri M. Vyasulu, who had been working as Grade II Pandit since 8th August, 1961, was not appointed to the said post. The 4th respondent appears to have sent a petition on 2nd July, 1969 to the Director of Public Instruction, who passed the impugned order, R. C. No. 2423-53/69, dated 7th May 1970, setting aside the order of the management promoting the petitioner as Grade I Telugu Pandit and directing the management, the 2nd respondent herein, to appoint the 4th respondent as Grade I Telugu Pandit in the vacancy caused by the death of Smt. P. Amruthamma. The petitioner challenges this order on the ground that no notice or opportunity was given to the petitioner before the impugned order was passed by the Director of Public Instruction, and that, the Director of Public Instruction, or the Inspector of Oriontal Schools has no jurisdiction to set aside the order passed by the Management appointing the petitioner as Grade I Telugu Pandit.
(3.) The Deputy Director of Public Instruction (Oriental Studies) has filed a counter-affidavit on behalf of the 1st and 3rd respondents, setting out the various qualifications, merits and experience of the petitioner and this 4th respondent and contending that no opportunity need be given by the Director of Public Instruction before passing the impugned order and that, the Director of Public Instruction has no jurisdiction to interfere with the orders of the management when it is so required in the interest of justice.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.