P.Vijaya Laxmi D/O. P.Nagabushana Rao v. Andhra Pradesh Public Service Commission

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 392 of 2016 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed challenging the order dated 01.08.2013 in O.A.No. 8223 of 2010 and batch passed by the Andhra Pradesh Administrative Tribunal, Hyderabad whereby the application filed by the petitioners under Section 19 of the Administrative Tribunals Act, 1985, has been dismissed. The petitioners filed O.A.No. 8223 of 2010 praying to declare that they are eligible and entitled to appear for the posts of Degree College Lecturers in pursuance of the Notification No.

12/ 09, dated 13.10.2009 and also Supplemental Notification No.16/ 2010, dated 07.10.2010. The learned counsel for the petitioners submits that UGC Instructions/ decisions made in the 472nd Meeting held on 09.11.2010 have clarified that the persons who are having M.Phil Degree are eligible to apply for the posts of Junior Lecturers in Degree College, therefore, the orders issued by the Government in G.O.Ms.No. 128, dated 24.08.2010 are not applicable, and the learned Tribunal has not considered this aspect and erroneously dismissed the application filed by the petitioners.

SKK,J & AKS,J WP_392_2016 It is not in dispute that in pursuance of the orders in G.O.Ms.No. 128, dated 24.08.2010, all the posts of Lecturers in Degree College have been filled up and the selected persons have not been made as parties either before the Tribunal or before this Court. Moreover, the order of the Tribunal was passed in the year 2013 and now we are in 2018. Though the present writ petition was filed on 26.12.2015, thereafter, the matter was adjourned from time to time at the request made by the petitioners' counsel. Since all the posts have already been filled up in pursuance of the G.O.Ms.No. 128, dated 24.08.2010, and the selected candidates are not made as parties to the petitions either before the Tribunal or before this Court, at this stage, this Court feels that no orders are warranted to unsettle the settled position.

Hence, we find no merit in the writ petition and the same is accordingly dismissed. No order as to costs. As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 16.07.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj