JUDGEMENT
S.R.NAYAK, J. -
(1.) The Osmania
University represented by its Registrar, being
aggrieved by the order of the learned single
Judge dated 16.9.1999 in WP No.4158
of 1998, has preferred this writ appeal. The
respondent herein viz., B. Lakshman filed
the above writ petition under Article 226
praying for the following relief:
"Petition under Article 226 of the
Constitution of India praying that in the
circumstances stated in the affidavit filed
herein the High Court will be pleased to call
for the records pertaining to the impugned
letter contained in No.4685/619/76/Esst.I
dated 20.12.1997 issued by the respondent
herein and set aside the same as illegal,
arbitrary, discriminatory, without jurisdiction,
void ab initio, unconstitutional, opposed
to the principles of natural justice and
violative of Articles 14, 15, 16 and 21 of the
Constitution of India and consequently
direct the respondent herein to consider the
claims of the petitioner herein for the post
of Assistant Registrar in the respondent
university with effect from 7.11.1996 by duly
following the rule of reservation for
Scheduled Caste Candidates, with all
consequential and attendant benefits such
as arrears of salary, seniority and promotion
etc., by the issuance of writ, order or
direction essentially in the nature of writ of
mandamus."
(2.) The above relief was sought by
contending that the appellant-University
refused to apply reservation rule in
considering the candidature of the writ
petitioner for promotion to the post of
Assistant Registrar of the University.
The background facts leading to the
filing of the writ petition be noted briefly
in the first instance and they are as
follows:
(3.) The writ petitioner joined the
services of the University on 20.10.1976 as
a Junior Assistant. Subsequently, he was
promoted to the post of Senior Assistant
and subsequently to the post oi
Superintendent on 13.2.1989. The petitioner
belongs to Scheduled Caste community. In
the year 1996, the DPC constituted by the
University conducted viva-voce on
26.10.1996 to select the candidates for the
post of Assistant Registrar. The writ
petitioner participated in the said viva-voce
and interview. According to the petitioner,
he did well in the viva-voce and interview.
However, the petitioner was not selected
for the post of Assistant Registrar, but
11 others were selected by the DPC. In
pursuance of the selections made by DPC,
those 11 persons were appointed with effect
from 7.11.1996. However, in the year 1998
the DPC again met to consider the
candidatures of eligible candidates to fill up
the vacancies in the post of Assistant
Registrar on 25.9.1998 and the petitioner
was selected for the post and he was
appointed as Assistant Registrar with effect
from 20.9.1999.;
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