M ANANDA MOHAN Vs. CORESPONDENT V T JUNIOR COLLEGE
LAWS(APH)-1992-3-7
HIGH COURT OF ANDHRA PRADESH
Decided on March 31,1992

M.ANANDA MOHAN Appellant
VERSUS
CORESPONDENT, V.T. JUNIOR COLLEGE Respondents




JUDGEMENT

D.J.Jagannadha Raju, J. - (1.)This writ petition is filed by a person who is holding full additional charge of the post of Junior College Principal. He seeks the relief of a writ of mandamus to direct the respondents 1 and 2 to continue the petitioner as Principal of the V.T. Junior College, Rajahmundry and to pass such other or further orders as are deemed fit and proper. The first respondent in this writ petition is the Correspondent of the V.T. Junior College, Rajahmundry. The second respondent is the Secretary, A.P. College Service Commission, and the third respondent is Sri V.Sitarama Rao in whose favour an order has been issued by respondents 1 and 2 appointing him as the regular Principal of the Junior College.
(2.)The facts leading to the filing of the present writ petition are breifly as follows: The petitioner obtained M.Sc., degree in Chemistry from Vikram University in 1970. He obtained 53.8% marks in the final year examination and if the marks of the first and second years are combined, he obtained 49% average on the aggregate. He was awarded M.Sc., degree with second class. On 7-8-1971, he was appointed as junior lecturer. On 7-8-1978 he was appointed as Grade-1 junior lecturer. When his appointment was referred to Board of Intermediate Education for approval, the Board held that he does not have the requisite qualification of 50% and above on average for first and second years put together. The Board directed him to improve his qualifications and granted him time. The petitioner then filed Writ Petition-W.P.No.2305 of 1978. The said writ petition was allowed and it was held that the Board of Intermediate Education's Circular dated 1-6-1972, which prescribed 50% marks average on the aggregate for the first and second years clubbed together is not applicable to the petitioner's appointment which took place long prior to the Circular. It was held that the Circular dated 1-6-1972 has only prospective operation and it does not have retrospective operation. Subsequently his appointment was ' approved, but in view of the objections taken by the Board of Intermediate Education and the Director of Higher Education, he was not given the scale applicable to Second Class Post-graduate Qualified junior Lecturers. Then he filed another writ petition - W.P.No.153 of 1981, and that writ petition was allowed on 22-10-1982 and the court directed that the scale applicable to Second Class Post- graduate Junior Lecturers is applicable to him and he should be granted that scale.
(3.)The post of the Principal of this Junior College fell vacant on 30-8-1986 as Dr. S.Venkateswara Rao, the then Principal, expired. Sri. N.Seshagiri, Grade-I Junior Lecturer in Mathematics, was kept in full additional charge of the post of Principal. While holding the full additional charge of the post of Principal, he gave a representation on 2-12-1987 declining to continue as the Principal. Then the present petitioner, the next senior most Junior Lecturer Grade-I was kept in full additional charge of the post and he assumed charge on 12-12-1987. Later the Managing Committee, by resolution dated 9-1-1988, resolved to appoint the petitioner as regular Principal, pending approval of the Secretary, Board of Intermediate Education and Director of Higher Education and sent proposals to the above authorities. The authorities informed the management by letter dated 22-4-1988 that the petitioner's appointment cannotbe approved as it is made subsequent to G.O.No.527 Edn. (J) dated 10-12-1984 under which the vacancy has to be filled up through the Andhra Pradesh College Service Commission. The authorities also held that the post of Principal is deemed to be vacant from 30th August, 1986, and that the authorities should approach the College Service Commission for making a regular appointment of the Principal. After correspondence passed between the College Service Commission and the management, on 8-2-1989, the Secretary of A.P. College Service Commission called for the seniority list of all the staff members with relevant particulars for making the appointment. The relevant data was sent and by letter dated 11-9-1990, the College Service Commission approved the name of the third respondent for appointment to the post of Principal by recruitment by transfer and requested the correspondent of the college to issue orders of appointment immediately directing the Principal to join within four weeks from the date of the appointment orders and that the appointment takes effect from the date the new incumbent joins duty. This letter was received on 19-9-1990 and by order dated 25-9-1990, R.3 was appointed as principal and the petitioner was directed to hand over charge to the third respondent. When the management issued the proceedings on 25-5-1990, the present writ petition was filed on 24th September, 1990 along with W.P.M.P.17930 of 1990. There is some controversy as to whether the third respondent assumed charge as Principal before this court issued the interim directions on 4th October, 1990. It is unnecessary at this stage to go into that controversy for deciding this writ petition. The subsequent records indicate that the petitioner refused to hand over charge relying upon the interim orders passed by this court and that he continues to be holding the post of the Principal. The petitioner claims that he is validly appointed as a Principal by reason of the resolution dated 9-1-1988 of the Managing Committee and that he is a regular principal from 9-1-1988. He claims that he is fully qualified to hold the postof Principal of the Junior College and hence he is entitled to therelief of writ of mandamus, This writ petition is resisted by R.I on the ground that his appointment as Principal is subject to approval of the Secretary, Board of Intermediate Education and Director of Higher Education and as his appointment is not approved and as the College Service Commission selected the third respondent for appointment in accordance with the rules applicable to the post of Principal of a Junior College, the petitioner is not entitled for the relief. It is contended on behalf of R.I, the management, that R.3, who is qualified to hold the post and who has been directed to be appointed as Principal by the College Service Commission, is entitled to occupy the post and the petitioner, as per the college records, is only holding full additional charge and the salary statements show that he is only drawing salary as Grade-I Junior Lecturer in Chemistry and the post of principal is vacant from 30-8-1986. The second respondent, A.P. College Service Commission, resists the writ petition on the ground that the petitioner does not satisfy the qualifications prescribed for the post of Principal of the Junior College. According to G.Q.Ms.Np.158 Edn., dated 10-6-1987, a Principal should be first or second class degree holder with not less than 50% in the Master's degree. After the constitution After correspondence passed between the College Service Commission and the management, on 8-2-1989, the Secretary of A.P. College Service Commission called for the seniority list of all the staff members with relevant particulars for making the arppointment. The relevant data was sent and by letter dated 11-9-1990, the college Service Commission approved the name of the third respondent for appointment to the post of Principal by recruitment by transfer and requested the correspondent of the college to issue orders of appointment immediately directing the Principal to join within four weeks from the date of the appointment orders and that the appointment takes effect from the date the new incumbent joins duty. This letter was received on 19-9-1990 and by order dated 25-9-1990, R.3 was appointed as principal and the petitioner was directed to hand over charge to the third respondent. When the management issued the proceedings on 25-5-1990, the present writ petition was filed on 24th September, 1990 along with W.P.M.P.17930 of 1990. There is some controversy as to whether the third respondent assumed charge as Principal before this court issued the interim directions on4th October, 1990. It is unnecessary at this stage to go into that controversy for deciding this writ petition. The subsequent records indicate that the petitioner refused to hand over charge relying upon the interim orders passed by this court and that he continues to be holding the post of the Principal.
;


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