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High Court for State of TelanganaWP/558/2023disposed of no costs

Ms.Noori Khatoon v. The State Of Telangana,

2023-01-06Surepalli Nanda6 pages

132s21 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 558 OF 2023 Between:

Ms.Noori Khatoon, D/o Maqsood Ali Khan, aged about 40 years, Occ Assistant Professor (U) Osmania Unrversity College for Women, Kati, trd"rrOllrr,TlONER AND

1. The State of Telangana, Rep by its Principal Secretary Higher Education Department Secretariat, Hyderabad

2. The Registrar Osmania University, Hyderabad

3. The Principal, Osmania University College for Women (Autonomous) Koti, H,derabad ...RESPoNDENT.

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavrt filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of 'mandamus' declaring the action of the respondents in not considering regular sing of services of the petitioner in the cadre of Assistant Professor (Urdu) though more than seven years petitioner is discharging her duties as Assistant Proiessor (Urdu) as illegal, arbitrary, unjust, unreasonable, discriminatory and I contrary to Art. 14 of the Constitution of India and consequently direct the respondents to regularise the servic.es of the petitioner in the cadre of Assistant Professor (Urdu) with all consequential benefits immediately du.ly considering the representation of the petitioner dated 7-10-2022 immediately.

/t2il Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for regularisation in the cadre of Assistant Professor (Urdu) immediately duly considering the representation of the petitioner dated 17-1 0-2022 immediately in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRl. D. RAMAKRISHNA Counsel forthe Respondent No.1: AGP FOR HIGHER EDUCATION Counsel for the Respondent Nos.2 & 3: SRI CH. JAGANNATHA RAO SC FOR OU The Court made the following: OROER

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.558 OF 2023 ORD ER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondent No.1 as well as learned standing counsel appearing for respondent Nos.2 and 3.

2.

The petitioner approached the Court seeking the prayer which reads as under:

"Io issue writ order or direction more particularly one in the nature of writ of 'Mandamus' declaring the action of the respondents in not considering regularizing of services of the petitioner in the cadre of Assistant Professor (Urdu) though more than seven years petitioner is discharging her duties as Assistant Professor (Urdu) as illegal, arbitrary, unjust, unreasonable, discriminatory and contrary to Art.14 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioner in the cadre of Assistant Professor (Urdu) with all consequential benefits immediately duly considering the representation of the petitioner dated 17.10.2022 immediately in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case."

3. It is represented by both learned counsel for the petitioner and also learned standing counsel for respondent Nos.2 and 3, that the writ petition could be disposed of, directing respondent Nos.2 and 3 to consider the petitioner's \

representation dated 17.10.2022, in accordance to law and pass appropriate orders.

4.

The petitioner vide her representation dated 17.10.2022 explained to respondents 2 and 3 that the petitioner is eligible for regularization and further the petitioner case is required to be considered for regularization as Assistant Professor (URDU) in view of the fact that there is no regular employee in URDU Department neither in the Osmania University College for Women (Autonomous) nor in the Osmania University. Further the petitioner has been appointed as an Assistant Professor (URDU), by virtue of appointment order dated 01.08.2014, after passing through the process of selection and therefore, the petitioner is entitled for regularization. 5.

Without going into merits of the case, the writ petition is disposed of, directing respondent Nos.2 and 3 to consider the representation of the petitioner dated t7.1O.2O22, in accordance to law and pass appropriate orders, within a period of two (O2) weeks from the date of receipt of a copy of this order, duly communicating

,/ the said decision to the petitioner. However, there shail be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

\ \ SD/.L.SIVA PARVATHI //TRUE COPY// ASSISTAN2EEGISTRAR SECTION OFFICER To, '1. The Registrar Osmania University, Hyderabad 2, The Principal, Osmania University College for Women (Autonomous) Koti, Hyderabad

3. One CC to Sri. D. Ramakrishna Advocate IOPUC]

4. Two CCs to GP for Higher Education, High Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to Sri Ch. Jagannatha Rao, SC FOR OU [OPUC]

6. Two CD Copies CHR.

as /t\",--..- il _____--

HIGH COURT DATED:0610112023

ORDER

W.P.No.558 ot 2023 tiE SrAr€ i c \ :2 oo $ E fil.R 2ll] \ /'

DISPOSING OF THE WRIT PETITION WITHOUT COSTS C;'

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