Telangana High Court
M.Harikrishna vs The State Of Telangana on 28 July, 2025
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No.21943 OF 2025
ORDER:
The present Writ Petition is filed seeking to declare the
action of respondent No.2 in issuing the impugned Proceedings
in File No.CCE-GDCS-SPL/MZ I-GF/2025 and CCE-GDCS-SPL/MZ
II-GF/2025, dated 18.07.2025 and 23.07.2025 respectively, for
undertaking fresh recruitment of Guest Faculty by replacing
existing temporary employees, as illegal and arbitrary.
2. Heard Sri Surender Rao, learned Senior Counsel
appearing for Sri Boddupally Yadaiah, learned counsel for the
petitioners, and learned Government Pleader for Services-I
appearing for the respondents. Perused the material on record.
3. The brief facts of the case are that the petitioners were
appointed as Guest Faculty Lecturers in various Government
Degree Colleges after following a due process of regular
selection on contract basis. They have worked continuously
over the past academic years and have fulfilled all
eligibility conditions prescribed for such appointments.
Despite discharging their duties effectively and possessing
requisite qualifications, including NET/SET/Ph.D., their services
have not been extended for the academic year 2025-26.
Challenging the impugned proceedings in File No.CCE-GDCS-
SPL/MZ I-GF/2025 and CCE-GDCS-SPL/MZ II-GF/2025, dated
18.07.2025 and 23.07.2025 respectively, issued by respondent
No.2 for undertaking a fresh selection of Guest Faculty, the
petitioners contend that such action results in replacing existing
temporary employees with another set of temporary employees,
which is impermissible under law. The petitioners rely upon the
judgments of the Hon'ble Supreme Court in State of Punjab and
Others v. Supreet Rajpal and Another [(2006) 9 SCC 194],
Secretary, State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1],
and State of Haryana v. Piara Singh [(1992) 4 SCC 118], as
well as the decisions of this Court in W.P. No. 17546 of 2019
and W.P. No. 8020 of 2021, wherein it has been consistently
held that a temporary or contractual employee cannot be
replaced by another temporary employee. Hence, the present
Writ Petition.
4. Learned Senior Counsel appearing for the petitioners
submits that the respondents have not followed the rules and
regulations prescribed under the impugned proceedings during
the selection process. It is therefore submitted that appropriate
orders be passed in this Writ Petition by directing the
respondents to consider the claim of the petitioners strictly in
accordance with law.
5. Learned Government Pleader for Services-I submits that
the Writ Petition may be disposed of by directing the
respondent authorities to follow Conditions 2, 3, and 15 of the
impugned proceedings in accordance with law, within a
reasonable period.
6. Taking into consideration the submissions made by the
learned counsel for the respective parties, without expressing
any opinion on the merits of the case, the petitioners are
directed to make a fresh representation to the respondent
authorities for their re-engagement as Guest Faculty for the
academic year 2025-26, within a period of one (1) week from
the date of receipt of a copy of this order. Upon such
representation being made, the respondent authorities are
directed to consider the same and pass appropriate orders by
following Conditions 2, 3, and 15 of the impugned proceedings
strictly in accordance with law, as expeditiously as possible,
preferably within a period of six (6) weeks thereafter.
7. With the above direction, this Writ Petition is disposed of.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
____________________________
NAMAVARAPU RAJESHWAR RAO, J
Date: 28.07.2025
NOTE:
ISSUE C.C. BY TODAY
(BO - HFM/NIT)
