Telangana High Court

Dr. M. Praveen Kumar, vs The State Of Telangana, on 3 June, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

   IN THE HIGH COURT OF TELANGANA AT HYDERABAD


                   W.P.No.18683 OF 2023


Between:

Dr.M.Praveen Kumar
                                               ...     Petitioner

And

The State of Telangana & others

                                           ...   Respondents


JUDGMENT PRONOUNCED ON: 03.06.2024


THE HON'BLE MRS JUSTICE SUREPALLI NANDA


1. Whether Reporters of Local newspapers   :   Yes
   may be allowed to see the Judgment?

2. Whether the copies of judgment may be   :   Yes
   marked to Law Reporters/Journals?

3. Whether Their Lordships wish to         :       Yes
   see the fair copy of the Judgment?


                                   __________________
                                   SUREPALLI NANDA, J
                                2                                  SN,J
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      THE HON'BLE MRS JUSTICE SUREPALLI NANDA


                    W.P.No.18683 OF 2023


% 03.06.2024

Between:

# Dr.M.Praveen Kumar
                                                ...   Petitioner

     And

$ The State of Telangana & others

                                              ... Respondents
< Gist:



> Head Note:



! Counsel for the Petitioner        :   Mr.K.Lingam Goud

^ Counsel for Respondents           :   G.P. for Higher
                                        Education for R1.
                                        Mr.P.Bhanu Prakash,
                                        Ld.S.C. for Kakatiya
                                        University for R2 & R3

? Cases Referred:

          --
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     THE HON'BLE MRS. JUSTICE SUREPALLI NANDA

                    W.P. No.18683 OF 2023

ORDER:

Heard Mr.K.Lingam Goud, the learned counsel

appearing on behalf of petitioner, Learned Government

Pleader for Higher Education appearing on behalf of

respondent No.1 and Mr.P.Bhanu Prakash, learned

Standing Counsel appearing on behalf of Respondent

Nos.2 and 3 - Kakatiya University.

PRAYER:

2. The Petitioner approached the Court seeking prayer

as under :

"...to issue an order or orders or direction or writ more particularly one in the nature of a Writ of Quo Warranto declaring that respondents No. 2 and 3 have made the appointments of 16 adjunct faculty members illegally vide proceedings dated 01.02.2023 which are in clear violation of the UGC Guidelines for Empanelment of Adjunct Faculty in Universities and Colleges as well as the State Government Orders, which is a violation of the essential principles of transparency, fairness and accountability in a democratic system and set aside the illegal appointment of 16 adjunct faculty and further direct the State Government/Chancellor to 4 SN,J wp_18683_2023

take appropriate action against the persons responsible for the illegal appointment of the 16 adjunct faculty members and further direct the State Government / Chancellor to recover the public money paid to 16 adjunct faculty from responsible persons in the interests of justice and pass..."

3. The case of the Petitioner in brief as per the

averments in the affidavit filed by the Petitioner in

support of the present writ petition, is as under :

a) The University Grants Commission (UGC), New

Delhi, has issued rules and regulations for the appointment of

adjunct faculty in universities and colleges, which may be found

in the public domain i.e., on the UGC website (https://www.

ugc.gov.in/pdfnews/714006_Guidelines-panelment-of-Adjunct-

Faculty-uni/and/Coll.pdf) for the Empanelment of Adjunct

Faculty in Universities and Colleges). Universities and colleges

can use these standards to recruit outstanding lecturers and

teachers, academics, scholars, practitioners, skilled

professionals, and researchers who have completed their formal

affiliation with the university or college.

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b) The petitioner acquired the information and

guidelines from the respondent university under the Right to

Information Act. The Kakatiya University authorities in

Warangal have made appointments of 12 adjunct faculty

members (Dr.V.Krishna Reddy, Department of Botany,

Prof.N.Ramaswamy, Prof. A.Sadanandam, Department of

Biotechnology, Prof. S.Ram Reddy, Department of Microbiology,

Prof.Gangadhar Reddy, Department of Physics, Prof. Achaiah,

Pharmachy, Prof. T.Srinivasulu, Prof.Ramayya, Engineering,

Prof.Ramnath Kishan, Education, Sri Damodar Rao, Department

of English; Dr.Anjaiah, Library Science, Prof.T.Srinivas Rao,

Commerce) during the 144th Executive Council Meeting held on

30.01.2023. Further, the Kakatiya University appointed an

additional four adjunct faculty members (Prof.Raghurama Rao,

Pharmacy, Dr.Christophar, Department of Botany; Prof.Rajendra

Prasad, Education; and Prof. Krishnamachary, Commerce) in

another Executive Council Meeting held in March, 2023. These

appointments were made in violation of established rules and

without adhering to the guidelines for the appointment of

adjunct faculty members as specified by the University Grant 6 SN,J wp_18683_2023

Commission. The appointment of a total of 16 adjunct faculty

members contrary to UGC norms reflects the unethical,

authoritarian, ad hoc, and careless nature of the actions taken

by Prof.Dr.T.Ramesh, Vice-Chancellor of Kakatiya University,

Warangal. Aggrieved by the same, the petitioner filed the

present writ petition.

4. PERUSED THE RECORD.

Counter affidavit has been filed by the Respondents

2 and 3, in particular, at paras 14 and 17, read as under:

"14. In reply to para No. 21 & 22: It is to humbly submit that as per the section 49 of the Telangana Universities Act, 1991 the Executive Council, which is Apex Body of the University, may authorize the creation and filling up of teaching posts for a period not exceeding one year and there would be no recurring liability on the government either immediately or in future due to appointment of adjunct faculty. Each adjunct faculty is being paid honorarium of Rs. 50,000/- per month, but not remuneration commensurate with their valuable services and rich experience. Therefore, it is most humbly submitted that the contention of the 7 SN,J wp_18683_2023

petitioner is nothing but misleading the Hon'ble High Court.

17. It is to humbly submit that the intention of the University Administration in making the appointments of adjunct faculty was to protect the academic interest of the University and student community and to continue its existence despite so many short comings in the recruitment of teaching staff. It is to submit that because of the presence of adjunct faculty at the time of NAAC Peer Team visit the Kakatiya University could successfully get good grade with A+ for sustaining its academic credibility and research endeavours and to get guidance of enriched retired faculty for future generations. It is to bring to the kind notice of the Hon'ble High Court the fact that, 7 adjunct faculty members out of 16 have already been relieved from their services and the term of other 7 adjunct faculty members will end by 31st January, 2024 and the term of remaining 2 adjunct faculty members will end by 12th May, 2024.

DISCUSSION AND CONCLUSION:

5. Section 49 of the Telangana University Act, 1991,

reads as under:

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"49. The University shall not, without the prior approval of the Government, divert earmarked funds for other purposes or upgrade any post or revise the scales of pay of its staff or implement any scheme which involves any matching contribution from the Government or create a post or posts resulting in a recurring liability on the Government either immediately or in future.

Provided that for the existing teaching purposes the [Executive Council] may authorise the creation and filling up of posts of teachers for a period not exceeding one year but any such post or posts shall not be continued or created afresh for any period beyond the said period of one year without the prior approval of the Government."

6. A bare perusal of Section 49 of the Telangana University

Act, 1991 clearly indicates that the Executive Council which is

the Apex Board of the University may authorise the creation and

filling up of teaching post for a period not exceeding one year

and there would be no recurring liability on the Government

either immediately or in future due to the appointment of

Adjunct Faculty and exercising the said power, the respondent

university made the subject appointments.

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7. A bare perusal of the averments made at para No. 17 of

the counter affidavit filed by respondent Nos.2 and 3 very clearly

indicates that seven (07) adjunct faculty members out of sixteen