Petitioner sought regularization of services as a Junior Assistant. Court held no merit as no extra sanctioned posts exist based on student strength. Director directed to entertain proposal if vacancy arises in aided segment.
No regularization granted, but respondents directed to consider petitioner for future vacancies in grant-in-aid segment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION NO.16109 OF 2000
ORDER:
This writ petition is filed by one Sri Shaik Subhan, a Junior Assistant working with Andhra Muslim College, Guntur, seeking a direction to the respondents 1 to 3 to regularize his services as a Junior Assistant by admitting him into grant-in-aid w.e.f. 29.11.1990 duly setting aside the memo SP-1006/CE.II.1/2000-3 dated 14.08.2000 issued by the first respondent/State Government. The most essential facts are these:
The State Government initially passed orders in their G.O.Ms.No.170 (Education Department) dated 12.07.1990 admitting certain junior colleges and degree colleges to grand-in-aid with effect from 16.04.1990 in relaxation of the rule of communal reservation in the matter of recruitment of teaching and non-teaching staff as well as the compulsory notification of vacancies to the local employment exchange. Thereafter, the Director of Collegiate Education has submitted proposals to the State Government on 15.02.1991, 09.04.1991 and 19.04.1991 proposing for admitting certain other degree colleges to grant-in-aid, subject to fulfilling the same conditions stipulated by the State Government contained in their earlier order in G.O.Ms.No.170 Education Department dated 12.07.1990. The State Government has considered these proposals and passed orders through their G.O.Ms.173 Education (CE-II Department) dated 04.07.1991 admitting certain private degree colleges shown in the annexure thereto, which made appointments to teaching and nonteaching posts in contravention of the rule of reservation. It was
ordered that they be admitted to grant-in-aid with effect from 16.04.1990 or from the date of eligibility, whichever is later, as shown against each college, provided they have fulfilled all other conditions to make them eligible for receiving the grant-in-aid. In the annexure to the said G.O, at serial no.3, the name of the Andhra Muslim College, Guntur, was recorded, but, no specific date has been mentioned against the said college. It therefore implies that the posts were admitted to grant-in-aid with effect from 16.04.1990 against the Andhra Muslim College, Guntur. One post of Principal, one post of Lecturer each in the subjects of English, Telugu, Hindi, Urdu, Political Science, History and Economics were sanctioned and one post of Physical Director was also sanctioned/admitted to grant-in-aid in the said college. Further, three posts of Lecturers in Commerce were also admitted to grant-in-aid. Thus, apart from the post of Principal, totally 11 other teachers were also admitted to grant-in-aid. Insofar as nonteaching staff are concerned, a total of 17 non-teaching staff members were admitted to grant-in-aid. They include one post of Senior Assistant and three posts of Junior Assistants, one post of Typist, one post of Librarian and one post of Record Assistant, one post of Library Attender, four posts of Officer Attenders including one Woman Attendant, two posts of watchmen, one post of gardener-cumwatchman and two posts of sweepers were admitted to grant-in-aid. Thus, in the ministerial establishment amongst the non-teaching staff of the College, there are only five posts that were admitted to grant-inaid. They are one post of Senior Assistant, one post of Typist and three posts of Junior Assistants. It is stated at page 2 of the counter affidavit filed by the Joint Director of Collegiate Education that, one vacancy of Junior Assistant (aided) has become available consequent to the resignation of Sri Shaik Silar Sharief. However, the college
management has appointed two individuals namely Sri Shaik Hussain on 25.06.1990 and Sri Shaik Subhan, the petitioner herein on 30.06.1990. Proposals were accordingly forwarded by the college Management to admit both these individuals to grant-in-aid against the ministerial posts of Junior Assistant. That was not agreed to by the Government. It is the case of the respondents that, as against one vacancy only one person can be admitted to grant-in-aid but not two persons. The writ petitioner is appointed on 30.06.1991 while Sri Shaik Hussain was appointed on 25.06.1990, i.e. earlier to him, though both of them may have joined the college on 02.07.1990.
3. To the extent that the State Government has declined to admit two persons to grant-in-aid against one vacancy of Junior Assistant (aided) cannot, upon any principle, be faulted at all. To the extent of the posts that were sanctioned to the college through the orders contained in G.O.Ms.No.173 Education Department dated 04.05.1991, the State Government can be requested to release the grant-in-aid but not beyond the said limits.
4. Sri B. Prabhakar, learned counsel for the writ petitioner would strenuously submit that, as to how many teaching and non-teaching posts must be sanctioned to the degree colleges is not a matter for speculation, but is regulated by a policy guideline framed as long back as on 26.06.1965. Therefore, according to Sri B. Prabhakar, there should have been two posts of Upper Division Clerks and three posts of Lower Division Clerks that should have been sanctioned to the college and in such an event, the petitioner herein would have moved into third position amongst the Junior Assistants and consequently would have become eligible and entitled to receive the grant-in-aid from the State Government.
5. However, learned Assistant Government Pleader for Higher Education Sri P. Ram Prasad has rightly pointed out that the policy decision of the State Government dated 26.06.1965 is based upon the student strength available in each college. The degree colleges were classified to fall into three segments. The first segment dealt with such colleges where the student strength is more than 1,000. In the second segment, colleges where the student strength is less than 1000 but more than 500 fall and in the third segment, degree colleges where the students strength is below 500 are organized and for such colleges, there will not be any post of Superintendent or Manager, but however, one post of Head Clerk, one post of Upper Division Clerk and three posts of Lower Division Clerks and one post of Typist would be sanctioned in the ministerial establishment. The petitioner has never asserted anywhere in support of his claim that the student strength in the college was more than 500 but less than 1000, for it to have two posts of Upper Division Clerks. I agree with the contention of the learned Assistant Government Pleader, Sri P. Ram Prasad. As per the policy decision dated 26.06.1965 exhibited at page no.13 of the paper book filed in support of the writ petition, two posts of Upper Division Clerks can be sanctioned to a degree college if the student strength therein is more than 500 but less than 1000. Without any such supporting data of student strength, the claim of the petitioner or for that matter, that of the college will have another post of Senior Assistant sanctioned to it for grant-in-aid is untenable. Hence, I do not find any merit in this writ petition.
6. But however, Sri B. Prabhakar, has, rightly, submitted that, if a vacancy of Senior Assistant or a Junior Assistant within the grant-inaid segment becomes available in the Andhra Muslim College, Guntur,
the respondents shall not hesitate to entertain the proposals for admitting the writ petitioner to such a vacancy of grant-in-aid. It is needless for me to observe that, as and when a post of Junior Assistant within the grant-in-aid scheme becomes available in Andhra Muslim College, Guntur, it is perfectly legitimate for the said College Management to take up the issue of admitting the petitioner herein against any such vacant aided ministerial post and it would be appropriate for the respondents 1 to 3 to entertain, consider and pass suitable orders thereon based upon the prevailing policy or principle, as expeditiously as possible, preferably within a maximum period of three months from the date of receipt of any such proposal.
7. Otherwise, I do not find any merit in this writ petition and it is accordingly disposed of. No costs.
________________________________ NOOTY RAMAMOHANA RAO, J
September 06, 2012 sp
3 issues framed by the court
Whether the petitioner is entitled to regularization of services as a Junior Assistant by admitting him to grant-in-aid.
Whether the college should be granted an additional sanctioned post to regularize the petitioner.
Whether the respondents are directed to entertain a proposal to admit the petitioner if a vacancy arises within the grant-in-aid segment.
1 provisions across 1 enactments
Shaik Subhan
State Government
Nooty Ramamoohana Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
