Telangana High Court
Smt Dr. D. Jyothsna vs The State Of Telangana on 20 February, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 23239 OF 2021
O R D E R:
Appointment of the 5th respondent as Principal of
the 4th respondent college is challenged in this Writ Petition.
Consequential direction is sought to respondent college to
appoint petitioner as Principal of the 4th respondent college
along with service attendant benefits.
2. Petitioner was appointed as English Lecturer in the
4th respondent college in aided post vide proceedings dated
19.03.1999. While she was serving the 4th respondent college,
the 2nd respondent issued impugned proceedings transferring
her from the said college to GDC (Women), Nalgonda. It is
stated, petitioner, therefore, filed Writ Petition No. 21978 of
2021 wherein interim direction to continue her at the 4th
respondent college was passed by order dated 09.09.2021. The
contention of petitioner is that the 5th respondent is junior to
her and respondents without following the seniority appointed
him; further, the 5th respondent has been harassing petitioner
in all respects. The complaints lodged in that regard against the
5th respondent are pending; moreover, he was posted as in-
charge principal.
It is stated, the 4th respondent institute is a private
aided institution and it has to follow the procedure and
regulations of the government but the officials of respondent,
without following any procedure, appointed the 5th respondent
as Principal of the 4th respondent. Petitioner made so many
representations to the college stating that the 5th respondent is
ineligible and junior to her, as such she is entitled for the post
of Principal.
3. In response to petitioner's affidavit, the 3rd
respondent clarifies the procedure for promotion to the post of
Principal in private aided degree colleges, which is not
automatic and requires initiation by the college management,
represented by the Secretary-cum-Correspondent. It is stated
further that the process has not yet been initiated by them. The
previous Principal, Dr. K. Ravindra Chary retired on 30.11.2020
and petitioner, as of that date, was working at Nagarjuna
Government Degree College, Nalgonda due to redeployment
order from the Commissioner of Collegiate Education, dated
05-09-2019. Consequently, the 3rd respondent appointed the 5th
respondent as In-Charge Principal on the same day. The 5th
respondent, who was already an Associate Professor in Political
Science, took the role of In-Charge Principal. Furthermore, on
the date of assuming the position, the 5th respondent was the
senior-most faculty member among both Aided and Un-Aided
staff of the College.
This respondent further states that petitioner's
appointment as Lecturer at the 3rd respondent occurred on
25.03.1999, with qualifications of M.A., M.Phil. (Second
Division). In comparison, the 5th respondent was appointed as
Lecturer on 29.10.1999, with higher qualifications (M.A., B.Ed.
First Division, M.Phil. First Division) and obtained Ph.D. on
05.11.2015, whereas petitioner obtained her Ph.D. on
16.07.2018. Later, the 5th respondent was promoted to the
position of Associate Professor in January 2015, following the
permission of the Commissioner of Collegiate Education,
Government of Telangana. Petitioner subsequently, attempted to
apply for a Career Advancement Scheme (CAS) but was found to
have submitted fake certificates, which led to rejection of her
proposal by the Regional Joint Director of Collegiate Education,
Warangal. She acknowledged submission of fake certificates in
her reply and requested leniency in action. As a result, the
Regional Joint Director of Collegiate Education, Warangal,
reprimanded and returned her proposals without granting any
benefits. It is stated, the 5th respondent was promoted as
Associate Professor in January 2015, while petitioner's
promotion was delayed due to fake certificates issue.
Additionally, petitioner's claim of being appointed Vice-Principal
is denied, with the respondent asserting that the 5th respondent
served as Vice-Principal from 18.10.2019, before being
appointed In-Charge Principal.
The 5th respondent is described as having a
distinguished record, including awards and recognition for his
work as NCC Officer and for his various duties at the college,
such as Coordinator for Unnath Bharat Abhiyan, Campus
Placement Officer and Coordinator for several other programs.
This respondent also details petitioner's requests for transfer
from Suryapet to Nalgonda due to her husband's employment.
This request was approved by the Commissioner of Collegiate
Education, leading to her redeployment to Nagarjuna
Government Degree College, Nalgonda, in September 2019. The
petitioner was relieved from Sri Venkateswara College on
September 8, 2019, and later returned to the college on
December 5, 2020, after being repatriated.
The respondent points out that petitioner was
informed about her redeployment through various
communication channels, but she left the college premises on
08.09.2021, without approval, even after receiving her relieving
orders. The respondent argues that her actions were deliberate
and points out that her affidavit before the court omitted these
facts. Lastly, it is emphasized that petitioner's return to Sri
Venkateswara College on 23.09.2021 was based on the interim
order in Writ Petition No. 21978 of 2021, however, it is asserted
that petitioner's continued service at the college is subject to the
final judgment in the case, and no valid case has been made out
for judicial intervention under Article 226 of the Constitution of
India.
4. Heard Sri Ramesh Chilla, learned counsel for
petitioner, learned Government Pleader for Higher Education,
Sri T. Srikanth Reddy, learned counsel for Respondents 3 and 4
and Sri S. Ramamohana Rao, learned counsel for the 5th
respondent.
5. A perusal of the material, particularly averments in
counter-affidavit shows that on 25.07.2018, petitioner
submitted representation to the Secretary-cum-Correspondent
of the respondent College requesting to transfer her from Sri
Venkateswara College, Suryapet to Government College,
Nalgonda on the ground that her husband was working as
Deputy Engineer at Marriguda Mandal, Nalgonda. Based on the
said request, proceedings dated 05.09.2019 were issued by the
2nd respondent posting her at Government Degree College,
Nalgonda on re-deployment basis; accordingly, on 08.09.2019,
the 3rd respondent relieved her along with post enabling her to
report thereat. Petitioner, after joining at Nalgonda, again made
representation in 2020 to transfer her to the 3rd respondent
college. The 2nd respondent again repatriated petitioner to the
said college without consulting the 3rd respondent. Accordingly,
the 3rd respondent on 24.11.2020 requested the 2nd respondent
to cancel the repatriation orders, however, the latter directed the
3rd respondent college to take back petitioner into service on
26.11.2020. Though learned counsel for petitioner raised a
contention that the Commissioner issued proceedings on
26.11.2020, however, petitioner was not taken to service till
05.12.2020 and in the meantime, in-charge principal was
appointed to the 3rd respondent college on 30.11.2020 and the
delay in taking back the service of petitioner is only to
accommodate the 5th respondent, no such pleading was taken
in the writ affidavit. Further, when the 2nd respondent directed
the 3rd respondent to admit petitioner into service, on
30.11.2020, the 3rd respondent addressed letter to the 2nd
respondent explaining that there is no sufficient work load in
the college and requested to revoke the repatriation orders. In
the meantime, on the retirement of Dr.K. Ravindrachary, the 5th
respondent was appointed as in-charge principal. On
04.12.2020, the 3rd respondent college addressed the 2nd
respondent to revoke the repatriation order, but the 2nd
respondent directed the 3rd respondent to take back the services
of petitioner. Immediately, General Body meeting was held and a
Resolution was passed taking back petitioner on 05.12.2020
and the 3rd respondent also addressed the 2nd respondent to
regularise the gap between 25.11.2020 and 04.12.2020 by way
of eligible leave available at her credit. Subsequently, earned
leave was also sanctioned. Here, at the cost of repetition, it is to
be noted that petitioner was not in service of Sri Venkateswara
College, Suryapet from 08-09-2019 to 04-12-2020 and during
that time only, the previous Principal Dr. K. Ravindra Chary
retired and the management appointed the 5th respondent as In-
Charge Principal on 30.11.2020. When petitioner was not
working at the relevant point of time, she cannot claim that her
case was not considered for promotion as Principal. Further,
petitioner took her own cool time to question the same by filing
this Writ Petition on 15.09.2021 after a delay of ten months
which was not explained either in the writ affidavit or during the
course of arguments.
6. In view of the above, viewed from any angle, this
Court is of the opinion that petitioner is not entitled to the relief
claimed in the Writ Petition and the same is liable to be
dismissed.
7. The Writ Petition is accordingly, dismissed. No
costs.
8. Consequently, the miscellaneous Applications, if
any shall stand closed.
-------- -----------------------------
NAGESH BHEEMAPAKA, J
20th February 2025
ksld
