Petitioner challenged the notification inviting applications for an aided Junior Lecturer post granted to another candidate. Court dismissed the petition as infructuous due to the 12-year efflux of time. No order as to costs.
The writ petition was dismissed as infructuous.
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HONOURABLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No.11904 of 1995
Dated: 19.01.2007
Between G.Sambaiah ..... Petitioner And The Director of Intermediate Education, A.P., Hyderabad and four others.
.....Respondents
HONOURABLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No.11904 of 1995
ORDER:
This writ petition is filed seeking a Mandamus to declare the action of the fourth respondent in selecting the fifth respondent in pursuance of the notification dated 10.05.1995 published in Andhra Bhoomi Telugu Daily Newspaper as illegal and arbitrary.
No stay was granted while admitting the writ petition. No counter-affidavit is filed. None appears for
the petitioner nor for the respondents.
It appears the petitioner had been working as a parttime lecturer in Taluka Junior College, Tenali with effect from 01.12.1993. The second respondent-College had paid him at the rate of Rs.20/- per hour and he was allotted three classes per day. He belongs to Scheduled Caste community and therefore, he was offered aided post of Junior Lecturer in Taluka Junior College, Tenali. While that being so, on 10.05.1995, the Correspondent of the second respondent- College had published a notification in Andhra Bhoomi Telugu Daily Newspaper, inviting applications from the qualified persons to fill up the posts of Junior Lecturers i.e., one post of Junior Lecturer in Civics (aided) and one post of Junior Lecturer in Zoology (aided). In pursuance to the said notification, the fifth respondent seems to have applied for the post and was also selected as a Lecturer.
Now, the grievance of the petitioner is that he was appointed as a Junior Lecturer in Civics in the second respondent-College by its Correspondent on a consolidated pay of Rs.500/- per month and he has been working as such since 1993. Therefore, issuing the notification dated 10.05.1995 in Andhra Bhoomi Telugu Daily Newspaper, inviting the applications to fill up the post of Junior Lecturer in Civics is arbitrary and illegal.
Now, it is about 12 years since the date of
publication of the said notification and filling up of the aided post of Junior Lecturer in Civics. Therefore, I am of the opinion that due to efflux of time the cause in the writ petition does not survive. Accordingly, the writ petition is dismissed as infructuous. No order as to costs.
_______________ (C.V.RAMULU, J)
19.01.2007 DR
2 issues framed by the court
Whether the cause of action survives given the efflux of time of about 12 years since the notification.
Whether the selection of the fifth respondent for an aided post when the petitioner was already appointed is illegal.
G.Sambaiah
Director of Intermediate Education
Taluka Junior College, Tenali
Fourth Respondent
Fifth Respondent
C.V. Ramulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
