D.Balaramaraju, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P. Nos.36009 of 2015 and 20431 of 2016 COMMON ORDER:

These two Writ Petitions are being disposed of by this common order as they are interconnected.

2. W.P.No.36009 of 2015 is filed by one Dr. Mrs.K.Hemalatha challenging the action of the 4th respondent-Management of the College, in issuing letter dt.26.10.2015 for filling up of vacant aided post of Principal in the College.

3. This Court by order dt.09.11.2015 granted an order of status quo and the same is being continued.

4. While so, one D.Balarama Raju filed W.P.No.20431 of 2016 challenging the action of the College in not filling up the post of Principal on regular basis. In the said writ petition, the petitioner in W.P.No.36009 of 2015 is arrayed as 5th respondent.

5. The 5th respondent filed a counter affidavit stating that in earlier writ petition filed by her in W.P.No.26868 of 2015 this Court passed an order on 25.08.2015 directing the respondents therein to convene the meeting of DPC within a period of four weeks from the date of receipt of a copy of the order and in fact a DPC was convened on 16.10.2015. However, in view of the status quo orders granted by this Court in W.P.No.36009 of 2015 no further action could be taken.

6. It appears that the DPC observed that the case of the petitioner in W.P.No.36009 of 2015 cannot be considered for promotion to the post of Principal at this juncture as two enquiries are pending against her. After receipt of final orders on the enquiry from the

Commissioner, the DPC will meet for finalization of filling up of the post of Principal in the College, and that the matter is now pending with the Secretary and Correspondent of the College, as he is the Competent Authority/Disciplinary Authority as per the provisions of the A.P. Education Act, 1982.

7. In the circumstances, the Secretary and Correspondent of the College is directed to take further steps pursuant to the communication received from the Commissioner of College Education dt.13.05.2016 and conduct a DPC for consideration of the cases of eligible candidates for filling up of the post of Principal. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The interim arrangement made for the post of Principal, shall continue till a regular Principal is appointed, in accordance with law.

8. The Writ Petitions are accordingly disposed of. No order as to costs.

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

_______________________________ A.RAMALINGESWARA RAO, J 24th August, 2016.

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