Dr. S.Kavitha v. University Of Hyderabad,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 22302 of 2016 Order:

This Writ Petition was filed seeking issuance of appointment orders pursuant to the selections made as per the notification dated 23.03.2010.

2. Some of the selected candidates earlier filed WP No.22457 of 2010 challenging the creation of centers contrary to the provisions of the University of Hyderabad Act, 1974, and the said Writ Petition was closed on 02.03.2016 on the request of the petitioners therein. Pending disposal of the said Writ Petition, this Court, by an order dated 21.09.2010, directed the continuance of interviews for the posts which were advertised, but the orders of appointment for the posts, which were allotted to the centers where no regular teaching activity is being undertaken, were directed to be deferred.

3. The petitioners in the present Writ Petition are the selected candidates to whom appointment orders were not issued. The Executive Council in its meeting held on 28.06.2016 took a decision to redistribute teaching positions among the Schools/Departments/Centres with teaching activity and the same shall be made on the recommendations of the committee constituted for the said purpose.

4. After adjourning the matter, the Executive Council again met and an amended resolution was passed which is placed before this Court and it reads as follows.

"The representations of the faculty concerned and the orders passed in WP No.22457 of 2010 were discussed.

The 120 additional teaching positions were sanctioned by the UGC under the OBC expansion programme pursuant to a proposal submitted by the University on May 27, 2008. Since the proposal and the consequent sanction was for 'teaching positions', it was

resolved that the selections made to the 20 teaching positions which were not filled up due to the interim orders of the Hon'ble High Court in WP No.22457 of 2010 be hereby cancelled and the posts redistributed among the Schools/Departments/Centres (existing at that point of time) with teaching activity. The redistribution of the 20 teaching positions shall be made on the recommendations of a committee to be constituted for the said purpose."

5. In view of the cancellation of the notification, there cannot be a direction to issue orders of appointment. Recording the resolution of the Executive Council, the Writ Petition is dismissed. However, it is open to the petitioners to take appropriate legal proceedings, if they are so advised. There shall be no order as to costs.

6. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ A.

RAMALINGESWARA RAO, J Date: 22.08.2016 Nsr