THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28109 OF 2014 Between:-
Dr.Shabbir Ahmed. And …Petitioner Maulana Azad National Urdu University (A Central University established by an Act of Parliament) rep.by its Registrar, Gachibowli, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28109 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondent No.1.
This writ petition is filed seeking a writ of mandamus, declaring the action of 1st respondent in considering the case of the 2nd respondent for appointment to the post of Professor of Mathematics without making any application by the 2nd respondent as per the Notification No.32/2014, dated 23-5-2014 as illegal, unjust, contrary to law, arbitrary, not bonafide and violative of Articles 14, 16 and 21 of the Constitution of India.
The petitioner retired from service after serving in Gulbarga University as Professor of Mathematics. Thereafter. he was appointed as Guest Faculty in M.Sc. Mathematics on contract basis in first respondent university with effect from 1-10-2012. Subsequently, the services of the petitioner were extended in department of Mathematics for a period of six months with effect from 1- 4-2013 and it was renewed from 20-5-2013 for a further period of six months. Again the said contract was extended for six months from 21-12-2013 and finally on 6- 8-2014, the petitioner was engaged for six months with effect from 1-7-2014.
Subsequently, the first respondent university issued a notification No.32/2014 inviting applications for the post of Professor in various departments. The petitioner submitted his application and he was interviewed. The grievance of the petitioner is that his candidature was not considered for the post of professor, but the candidature of the second respondent was considered in spite of his not submitting application pursuant to the notification.
Any way, the apprehension of the petitioner is that in view of the appointment of second respondent as professor, the services of the petitioner may be dispensed with by the respondent university even before the completion of contract period i.e., before 30-4-2015.
Having heard both the learned counsel, I am of the view that the petitioner can be continued in the same post till 30-4-2015, notwithstanding the appointment of the second respondent as professor in first respondent university.
In view of the above circumstances, the first respondent university is directed to continue the petitioner in service till 30-4-2015.
With the above direction, the writ petition is disposed of at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 19-09-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28109 OF 2014 Date: 19-09-2014 Shr.