Telangana High Court
Dr. I. Stella vs The State Of Telangana on 7 February, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.517 of 2020
JUDGMENT: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)
This writ appeal is filed aggrieved by the order passed by the
learned Single Judge in W.P.No.13085 of 2010, dated 06.10.2020.
2. Heard Smt. G. Sangeeta, learned counsel for the appellant,
learned Government Pleader for Agriculture appearing for
respondent No.1 and Sri B. Thimothi, Standing Counsel appearing
for respondent No.2.
3. It has been contended by the appellant that she had filed the
writ petition i.e., W.P.No.13085 of 2010 seeking a Writ of
Mandamus declaring the impugned proceedings in Memo dated
08.05.2019 passed by the 2nd respondent as arbitrary and illegal
and set aside the same and sought a consequential direction to the
2nd respondent to forthwith pass orders by appointing her as
Associate Professor in the Department of Statistics and
Mathematics in the 2nd respondent College/University. The
appellant had further contended that she has the requisite
qualifications to hold the post of Associate Professor and she is a
member belonging to Scheduled Caste (S.C) community and she is
also a disabled person. The learned Single Judge had disposed of
the said writ petition on 06.10.2020 directing the respondent -
University to take steps to re-notify the post of Associate Professor
as reserved for S.C (Woman) within six weeks of receiving the order
and set in motion to fill up the S.C (Woman) backlog vacancy in
the post of Associate Professor in the Department of Statistics and
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W.A.No.517 of 2020
Mathematics, in the Faculty of Agriculture and complete the
selection process expeditiously.
4. Learned counsel for the appellant had contended that the
prayer sought before the learned Single Judge was to appoint the
appellant as Associate Professor as she was fully eligible and
qualified to be appointed as Associate Professor, however, in stead
of granting the said relief, the learned Single Judge has directed
the respondent University to re-notify the post of Associate
Professor. Learned counsel had further submitted that the learned
Single Judge failed to appreciate the fact that the appellant is
having 14 years of experience before joining the respondent
University and also the appellant has the experience of working in
an equivalent post for more than eight years and therefore,
appropriate orders be passed in this writ appeal directing the 2nd
respondent to consider the case of the appellant for appointment to
the post of Associate Professor.
5. Standing Counsel appearing for the 2nd respondent had
contended that the learned Single Judge has disposed of the writ
petition directing the 2nd respondent University to re-notify the
vacancy of Associate Professor and take steps to fill up the said
post as expeditiously as possible and, accordingly, the 2nd
respondent University will make every effort to see that the
Associate Professor post is filled up at the earliest, as the said post
could not be filled up since 2013. The Standing Counsel had also
contended that the learned Single Judge has rightly held that the
experience of the appellant as Assistant Statistical Officer in the
State Government cannot be equated or treated as equivalent to
the post of Assistant Professor in the University service and the
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W.A.No.517 of 2020
learned Single Judge has rightly not given any direction to appoint
the appellant as Associate Professor, as the appellant is not having
the requisite experience as per the Recruitment Rules, therefore,
there are no merits and the writ petition is liable to be dismissed.
6. This Court, having considered the rival submissions made by
learned counsel for respective parties, is of the considered view
that the learned Single Judge has rightly passed orders in
W.P.No.13085 of 2019 dated 06.10.2020 and the learned Single
Judge answered issue No.1 against the appellant in the following
manner:
"Thus, as the post of Assistant Statistical Officer in the
State Government service is not recognized as equivalent
to the post of Assistant Professor in the University
service, the experience gained while working as Assistant
Statistical Officer cannot be treated as qualifying service
for eligibility to compete to the post of Assistant
Professor."
7. So far as relaxation is concerned, the learned Single Judge
has dealt with the issue elaborately and answered the issue
holding that the experience cannot be waived only in favour of the
appellant and the learned Single Judge has rightly directed the
respondent University to re-notify the vacancy of Associate
Professor and rightly directed the 2nd respondent University to
complete the selection process as expeditiously as possible. As,
admittedly, the appellant is not having experience as set out in the
Recruitment Rules, this Court is not inclined to interfere with the
order passed by the learned Single Judge.
8. Accordingly, the writ appeal fails and the same is dismissed.
No order as to costs.
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W.A.No.517 of 2020
Pending miscellaneous petitions, if any, shall stand closed.
____________________________________
SATISH CHANDRA SHARMA, CJ
________________________________
ABHINAND KUMAR SHAVILI, J
.02.2022
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