Andhra Pradesh High Court - Amravati
Seethalam Vijaya Kumari vs The Commissioner Of Intermediate ... on 14 November, 2022
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
WRIT APPEAL No.843 OF 2022
JUDGMENT: (per Hon'ble Sri Justice A.V.Sesha Sai)
Heard Sri M.Srikanth, learned counsel for the
appellant, and Sri K.V.Raghuveer, learned Government
Pleader for Higher Education for the respondents, apart from
perusing the entire material available on record.
2. Petitioner in W.P.No.34776 of 2022 is the appellant in
the present Writ Appeal, preferred under Clause 15 of the
Letters Patent.
3. The present Writ Appeal arises out of the aforesaid Writ
Petition, wherein the appellant herein challenged the order of
reversion, dated 20.10.2022, passed by the Correspondent-
cum-Assistant Commissioner, MSN Junior College,
Kakinada. Appellant herein was promoted as the Principal of
the third respondent-MSN Junior College, Kakinada vide
proceedings in C.No.EHE/05-13021/6/2018, dated
27.02.2020, of the Special Commissioner of Intermediate
Education. Third respondent herein issued a Charge Memo,
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WA.No.843 of 2022
dated 29.06.2022, framing as many as seven charges against
the appellant and, in response to the said Charge Memo,
appellant herein filed his explanation on 14.07.2022.
Thereafter, an additional Charge Memo came to be issued by
the third respondent on 18.10.2022, to which appellant
herein submitted his explanation in the month of November,
2022 and enquiry against the writ petitioner-appellant herein
is pending as on date. While that being the situation, third
respondent herein passed the impugned order, dated
20.10.2022, ordering reversion of the appellant to the
category of Junior Lecturer in Economics in the third
respondent-MSN Junior College, Kakinada.
4. As mentioned supra, challenging the said order,
appellant herein filed the instant Writ Petition. The learned
single Judge, while issuing notices to the third respondent,
posted the matter after two weeks.
5. According to the learned counsel, the order of reversion,
which is under challenge in the Writ Petition, suffers from a
number of infirmities. In elaboration, it is further contended
that the order impugned is contrary to Section 79 of the
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WA.No.843 of 2022
A.P.Education Act, 1980 (for brevity, 'the Act') and, as there
is no post of Junior Lecturer in Economics, in existence, in
the third respondent-MSN Junior College, the question of
accommodating the appellant in the said post does not arise
and the same is likely to result in a number of problems,
including non-payment of the salary to the appellant. In so
far as the contention No.1 is concerned, reference to Section
79 (1) of the Act is necessary. The said provision of law reads
as follows:
79. Dismissal, removal or reduction in rank or
suspension, etc., of employees of private
institutions:
(1) No teacher or member of the non-teaching staff
employed in any private institution (hereinafter in
this Chapter referred to as the employee') shall be
dismissed, removed or reduced in rank except after
an enquiry in which he has been informed of the
charges against him and given a reasonable
opportunity of being heard in respect of those
charges:
[Provided that no order of dismissal, removal or
reduction in rank shall be passed under this sub-
section against an employee other than an employee
of a minority educational institution without the prior
approval of such authority or Officer as may be
prescribed for different classes of private institutions;
Provided further that the management may prefer an
appeal against any order of the Officer or authority
refusing approval under this sub-section to such
authority or officer and within such period as may be
prescribed].
6. It is very much evident from a reading of the above
provision of law that no teacher or member of the non-
teaching staff employed in any private institution shall be
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WA.No.843 of 2022
dismissed, removed or reduced in rank, without prior
approval of the authority competent. In the instant case, the
authority competent is the Regional Joint Director.
7. A perusal of the reversion order, dated 20.10.2022,
does not indicate anything as regards the compliance of the
aforesaid mandatory requirements. It is also significant to
note in this context that the appellant herein was promoted
by the Special Commissioner of Intermediate Education. The
Special Commissioner of Intermediate Education granted
approval for promotion of the appellant, subject to the
condition that the resultant vacant aided post of Junior
Lecturer in Economics would be taken out of Grant-In-Aid in
terms of G.O.Ms.No.35, Higher Education (CELL-U)/
Department, dated 27.03.2006. This Court finds sufficient
force in the submission of the learned counsel for the
appellant that the post of Junior Lecturer in Economics in
the third respondent-MSN College is not in existence as on
date. This Court also finds prima facie case in favour of the
writ petitioner-appellant herein.
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WA.No.843 of 2022
8. Having regard to the above reasons, and in the facts
and circumstances of the case, Writ Appeal is allowed,
suspending the proceedings in Rc.No.A2/197/2022, dated
20.10.2022, of the third respondent-Correspondent, MSN
Junior College, Kakinada pending Writ Petition. There shall
be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any,
pending in this case, shall stand closed.
__________________
A.V.SESHA SAI,J
________________________________
DUPPALA VENKATA RAMANA,J
14th November, 2022.
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