Heard Learned Counsel For The vs Unknown
2021 Latest Caselaw 3679 AP

          HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: W.P.No. 21172 of 2021
                         PROCEEDING SHEET
SL.     DATE                                  ORDER                                OFFICE
NO.                                                                                 NOTE
      22.09.2021 DVSS, J

                                    WP.No.21172 of 2021


                     Notice before admission.


                                                                ____________
                                                                      DVSS,J


                                       IA.No.1 of 2021
                       Heard learned counsel for the petitioner
                and learned Government Pleader for Services-
                III.
                     The petitioner has got M.Phil qualification
                and she has selected in 1998 and is working
                as a lecturer in Zoology since then. Now she
                has to apply for transfer to the respondent

Nos.7 and 8 colleges. Because of the change in the educational standards that are prescribed for appointment as lecturer or for transfer, the petitioner is being deprived of a right to apply also. This is the grievance of the petitioner.

Learned counsel for the petitioner points out that the University Grants Commission has clarified more than once that the prescribed qualification and examination namely NET/SET/SLET are not necessary in cases of candidates who have been awarded a P.hd., or M.Phil degree prior to 2009. Therefore, he states that even though the petitioner has the necessary educational qualification and as the clarification by the UGC are being ignored, the petitioner is constrained to approach this Court as she has

SL. DATE ORDER OFFICE NO. NOTE colleges.

In reply, learned Government Pleader for Services-III states that the petitioner has not disclosed how many years of service she has completed in the last post. According to him, unless she completed five years of service, she is not even eligible to apply for transfer. He also relies upon judgments of Hon'ble Supreme Court of India, where it is stated that the employer has the right to post a person at an appropriate place and the employee cannot choose where she will work.

The issue involved in this case is whether the new prescription of acquiring NET/SLET/SET or Phd. as specified in the G.O. dated 17.05.2018 will apply to the petitioner or not.

A prima facie reading of the UGC qualifications show that it does not apply since the petitioner has qualified with M.Phil in 1998 and has already been appointed as a lecturer.

In that view of the matter and as the counselling is scheduled between 20.09.2021 to 22.09.2021, there shall be an interim order restraining the respondents not to fill up one post of the lecturer in Zoology in respondent Nos.7 and 8 colleges, if they are not already filled up by the date of this order.

List on 06.10.2021 for counters.

____________ DVSS,J Note: Issue C.C. by today evening.

             KLP
 SL.   DATE   ORDER   OFFICE
NO.                   NOTE