V.Sanjeeva Prasad, S/O. Narsaiah v. Commissioner, Intermediate Education, Nampally, Hyderabad

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.16619 OF 2017 O R D E R :

This Writ Petition is filed by the petitioner challenging the appointment of the 4th respondent as part time lecturer on MTS basis in 3rd respondent-College on the ground that 4th respondent had produced a certificate in Bachelor of Technology (Mechanical) from the Institute of Advanced Studies in Education(IASE), Sardarshaher, Rajasthan and that the said certificate is a fake certificate.

2.

Petitioner contends that he is a part time lecturer and if the 4th respondent's appointment is set aside, then he would get the said job and therefore he is affected.

3.

Firstly, there is no material to say that the certificate obtained by the 4th respondent is a fake certificate, because the University of Grants Commission has not said so; secondly, the State Government is not competent to decide whether the said certificate produced by the 4th respondent is valid or not, and it is only the University Grants Commission, which can decide it; thirdly, even assuming that it is a fake certificate, petitioner would in any event not get the post, in which the 4th respondent is appointed, since it is not the case of the petitioner that he is the only part time lecturer appointed in the State of Telangana, who would automatically become eligible for the said post.

4.

Also the Writ Petition is in the nature of Public Interest Litigation as it is filed challenging the appointment of the 4th respondent and it is settled law that there cannot be a PIL in service matters.

5.

Therefore, for all these reasons, I am not inclined to entertain this Writ Petition and it is accordingly dismissed. There shall be no order as to costs.

6.

Consequently, Miscellaneous Petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 02nd June, 2017.

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