OSMANIA UNIVERSITY HYD Vs. B LAXMAN
LAWS(APH)-2002-11-36
HIGH COURT OF ANDHRA PRADESH
Decided on November 01,2002

OSMANIA UNIVERSITY, HYD. Appellant
VERSUS
B.LAXMAN Respondents

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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