S.B. Sinha, J. - (1.) These appeals are directed against an order dated 22.8.2006 passed by a Division Bench of the Andhra Pradesh High Court in Writ Appeal No. 1043/2003 whereby and whereunder the judgment and order of the learned Single Judge of the said Court dated 23.7.2003 passed in Writ Petition No. 44 of 1999 allowing the Writ Petition filed, by the first respondent herein was allowed.
(2.) Indisputably, the post of Lecturer fell vacant in the appellant-institution. Qualification for holding the said post, therefore, is prescribed by the State of Andhra Pradesh as the institution is a private aided one. On or about 16.11.84 G.O. Ms. No. 491 was issued by the Government of Andhra Pradesh prescribing qualification for the post of Librarian which is in the following terms: (i) Good academic record with at least a high second class Masters Degree in a subject other than library Science. (ii) Masters Degree in Library Science with first or high second class.
(3.) However, the University Grants Commission issued a notification dated 20.2.1990 prescribing minimum qualification for recruitment to the post of librarian, Deputy librarians, Assistant Librarian whereafter G.O. Ms. No. 12 was issued by the Government of Andhra Pradesh on 10.1.1992 which is in the following terms: Lectures in Library Science in Degree Colleges Candidates who have passed P.G. Degree in any subject with 55 % marks and also P.G. Degree in Library Science with First or Second Class with 55% marks and above. OR As prescribed by the Government, from time to time, shall be eligible to apply for the post of Lecturer in Library Science in Degree Colleges. The Government of Andhra Pradesh thereafter issued G.O. Ms. No. 208 dated 29.6.1999 following the guidelines issued in that behalf by the University Grants Commission as would appear from the following stipulations made therein: After considering the recommendations of U.G.C. and after taking into consideration the recommendation of the Five Member Committee, the Government have decided that the service conditions of Teachers like recruitment and qualifications, selection procedure career advancement, teaching days, work load, code of professional ethics, accountability etc. shall be as indicated in the Appendix to this order. The same shall be implemented by all Universities and D.C.E. with in a time frame of three months from the date of issue of this order by amending necessary Statutes, Ordinances, Rules and Regulations. In the Appendix to the G.O.Ms. No. 208, qualifications prescribed for the post of Librarian(University) were as under: (1) Librarian(University) i) Masters Degree in Library science/information science/ documentation with at least 55% of the marks or its equivalent grade of B in the UGC seven point SCALE and consistently good academic record. ii) At least thirteen years as a Deputy Librarian in a university Library or eighteen years experience record; iii) Evidence of innovative library service and organisation of published work. ;