Smt.G.Jayashree v. Commissioner, Intermediate Education

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.8397 of 2019 ORDER:

Heard Sri P.V.Krishnaiah, learned counsel for the petitioner and the learned Government Pleader for Services-I. This writ petition is filed seeking the following relief :- "...............Writ Of Mandamus under Article 226 of Constitution of India declaring the proceedings issued in Memo No.Ser.II-2/6986/2016 dated 16.02.2018 issued by the first respondent as arbitrary, illegal, discriminatory, malafide, unconstitutional violating Articles 14, 16 and 21 of Constitution of India and set aside the same and issue consequent directions directing the respondents forthwith consider the case of the Petitioner for appointment as contract Junior Lecturer in English in any vacant post preferably in Hyderabad, Karimnagar, Siddipet, Choppandandi and Jagtial and pass such other or orders"

It has been contended by the petitioner that she was appointed as contract Lecturer (English) in Government Junior College for Girls, Jagtial, Karimnagar vide proceedings dated 08.09.2007 and she was discharging her duties to the best satisfaction of her superiors and everyone concerned. The petitioner further contends that during 2012, while she was on invigilation duty, some of the media personnel entered the examination hall and created trouble. She had taken effective steps and lodged criminal complaint against the said media personnel and the media personnel were convicted in a criminal case. However, the grievance of the petitioner is that owing to security reasons, she had to leave the job as contract Lecturer.

She further contends that she had been repeatedly making requests to the respondents to engage her services in any other college other than the college where there is a trouble with the media personnel. But the respondent authorities have not considered her case and accordingly, her services could not be renewed for the next academic years. She further contends that in pursuance to the interim order dated 07.07.2015 passed by the then Tribunal in O.A.No.3423 of 2015, the respondents have rejected the case of the petitioner vide proceedings dated 16.02.2018. Challenging the same, the present writ petition is filed.

Learned counsel for the petitioner contends that the respondents have mechanically rejected the case of the petitioner on the ground that petitioner was not in service as on the cut off date as per G.O.Rt.No.3, dated 21.06.2014. He further contends that there are several vacancies of Lecturer in English and the case of the petitioner can be considered for appointment on contract basis as Lecturer in English in any one of the vacancies. Learned Government Pleader appearing for the respondents had contended that the respondents are not considering the services of the candidates worked prior to 28.03.2014 and that the Government had accorded permission to the 1st respondent to engage/continue contract faculty w.e.f. 04.06.2014 for the academic year 2014-2015. He further contends that if there are vacancies, the case of the petitioner would be considered for the next academic year subject to petitioner participating in the selection process.

This Court, having considered the rival submissions of the learned counsel appearing for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the case of the petitioner and engage her as Lecturer in English in any of the existing vacancies for the academic year 2020-2021, subject to condition that the petitioner fulfils the eligibility criteria.

With the above observations, this writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ________________________________ ABHINAND KUMAR SHAVILI, J Date: 03-01-2020 dv