JUDGEMENT
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(1.)This Writ Petition is filed seeking a writ of mandamus declaring the
impugned G.O. Rt.No.1626, dated 2-12-87 issued by the 1st respondent herein
as illegal and violative of principles of natural justice. The 1 st respondent issued
the aforesaid Government order directing that the 3rd respondent herein be
appointed as lecturer in Economics in the Lai Bahadur College, Warangal -2nd
respondent herein in the vacancy caused due to the resignation of one Mr. E
Ganga Reddy.
(2.)The 2nd respondent is an aided private college. There is degree college
wing and also Junior College, wing in the said college. Petitioner herein was
appointed as a part-time lecturer in economics in the said college on a period-
wise remuneration of Rs.6/- to teach intermediate classes. While so, the 2nd
respondent invited applications for the posts of lecturer in economics, junior
lecturer in economics and junior lecturer in civics. The vacancy in the post of
lecturer in economics was caused as the working incumbent Mr. P. Sudershan
had gone on leave for Faculty Improvement Programme. The vacancy in the
post of junior lecturer in economics was caused as one E. Ganga Reddy, who
worked in that post, had gone to Government service, keeping lien over this
post, and later resigned as junior lecturer in economics. In response to the
advertisement dated 21-1-1981, petitioner as well as respondent No.3 applied
for the post of lecturer in economics. Petitioner, respondent No.3 and others
were interviewed on 22-2-1981. In that interview, respondent No3 was selected
as lecturer in economics whereas the petitioner was selected as junior lectuerer
in economics. Petitioner as well as respondent No.3 were appointed, in the
above said vacancies,on a temporary basis. It was also stated in their appointment
orders that their services were terminable without notice. Thereafter, Mr. P.
Sudershan who went on leave for Faculty Improvement programme joined
duty. Therefore, the service of respondent No.3 was terminated. Against that,
respondent No.3 filed an appeal before the Director of Higher Education. That
appeal was transferred by him to the Regional Joint Director of Higher Education,
Warangal. The Regional Joint Directorof Higher Education, Warangal, directed
the 2nd respondent-College to advertise calling for applications to fill up the
aforesaid vacancies on a regular basis. Aggrieved by that order of the Regional
Joint Director of Higher Education, Warangal, the petitioner herein filed an
appeal before the Director of Higher Education. The Director of Higher
Education referred the matter to the Government observing that he had already
transferred an appeal, filed before him by respondent No.3, to the Regional Joint
Director of Higher Education, Warangal, and that against the order of the
Regional Joint Director of Higher Eduction Warangal, in that appeal the
present appeal was preferred by the petitioner herein. The Government, on
such reference being made by the Director of Higher Education, passed the
impugned Government Order.
(3.)Sri Devaraj, learned counsel for the petitioner, firstly contended that the
Government has no jurisdiction to pass the impugned order. It is submitted that
the Government is the appellate authority against the orders passed by the
Director of Huther Education and therefore the Director of Higher Education
has no jurisdiction to refer the matter to the Government and the Government
has no jurisdiction to pass the order on the reference by the Director of Higher
Education. The learned counsel for respondent No.3 contended that Government
is the appellate authority under Section 89 of the A.P. Education Act and under
Section 90 of the A.P. Education Act it has ample revisionary power. This case
being of a peculiar nature, it is contended, the Director of Higher Education, in
fitness of things referred the matter to the Government because the present
appeal filed before him by the petitioner herein was against the order of the
Regional Joint Director of Higher Education in an appeal which he transferred
to the Regional Joint Director of Higher Education, Warangal. Therefore, the
reference by the Director of Higher Education to the Government is correct and
legal. It is further contended by the Counsel for respondent No.3 that the
Government had elaborately considered and passed the impugned order. The
Government has jurisdiction to entertain the said reference and pass the
impugned order.
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