Yalala Nirmala, Kandukur v. Prl. Secy., Higher Education Dep. And 4 ORS.

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.4610 of 2014 ORDER:

The issue in this Writ Petition relates to filling up the post of Assistant Professor in Journalism Department (SC) of the 3rd respondent University.

2.

Though notification was issued on 09-09-2010 for filling up the said post, it was not filled up till 2012. When the same post was re-notified fixing a cut off date as 12-03-2012, the petitioner, 5th respondent and others were considered for the said post, but the 5th respondent's case was recommended by the Selection Committee. However, since the 5th respondent did not possess the qualification of pass in NET examination, the Executive Council of the 3rd respondent did not accept the recommendation of the Selection Committee on 18-01-2014 and resolved to re-notify the said post, but no such notification has been issued till date.

3.

Learned Standing Counsel for the University Sri S.Lakshmikanth states that because of the pendency of the Writ Petition, the said post has not been re-notified again. 4.

The Court is baffled as to how pendency of Writ Petition is a ground not to fill up the said post. When there is no stay granted by

MSR,J W.P.No.4610 of 2014 this Court from filling up the said vacancy, nothing prevented the 3rd respondent from proceeding further and re-notifying the said post and fill it up so that the students are not be deprived of an opportunity to be taught by an Assistant Professor in the University. 5.

Therefore, the Writ Petition is disposed of directing the 3rd respondent to forthwith notify the post of Assistant Professor in Journalism (SC) in the 3rd respondent University and consider the case of petitioner and all other eligible persons for the said post and fill it up within three (03) months. No costs.

6.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 15-03-2018 Vsv/*