Smt.G.Prasuna v. The Commissioner And Director Of Intermediate Education And 1

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.21177 OF 2003

ORDER

This writ petition is filed seeking the following relief: "....to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing the paper notification dated 20-09-2003, inviting applications from the eligible candidates for the post of Junior Lecturer in Zoology in second respondent College as arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the proceedings in R.C.No.70/AVV/A1/2000-2001 dated 8.1.2001 of the second respondent."

Heard Sri T.Dayananda Rao, learned counsel appearing for the petitioner, Sri T.S.Anand, learned counsel appearing for the 2nd respondent-College and Smt V.Dyumani, learned Standing Counsel appearing for the 1st respondent. Learned counsel appearing for the petitioner submits that though the petitioner was appointed as Lecturer in the 2nd respondent-College on 10-08-1998 and since then he was working as such with artificial brakes, the 2nd respondentCollege issued notification on 20.09.2003 inviting applications for the post of Junior Lecturer in Zoology, which is arbitrary and illegal.

While admitting the writ petition on 26.09.2003, this Court in WPMP No.26448 of 2003 passed the following order:

"The proposed interviews pursuant to the impugned notification may go on. However, orders shall not be issued, pending further orders." In appears that the said order was vacated on 7.12.2004. Having regard to the said submissions and considering the facts and circumstances of the case, this Writ Petition is disposed of directing the respondents to consider the case of the petitioner for regularization of his services, as and when regular vacancy arises, in accordance with Rules and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, if the petitioner is still working in the 2nd respondent-College. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 12th November, 2018 rkk