Dr. Korrapati Siva Prasad vs The State Of Andhra Pradesh & Ors.

The present Writ Petition is filed questioning the action of Respondent No.3/University in rejecting the application of the Petitioner, bearing I.D. No. USR0008557, for the post of Associate Professor in Mathematics and Applied Mathematics under Employment Notification No.4/BRAU/Assoc.Prof&Professor/Regular/2026, dated 15.05.2026, as illegal and arbitrary.

The Respondent-University had issued a recruitment notification on 15.05.2026 for filling up of regular vacancies in the cadre of Associate Professor and Professor in the University. The Petitioner applied for the post of Associate Professor in Mathematics and Applied Mathematics. The selection criteria for the said post reads as under:-

It is submitted that the Petitioner completed Bachelor of Science (B.Sc.) in Mathematics, Physics and Chemistry from Acharya Nagarjuna University in April, 1990, and Master of Science (M.Sc.) in Application Oriented Mathematics from Acharya Nagarjuna University in March, 1993, with 71.5% (First Class). Subsequently, the Petitioner completed the Master of Philosophy (M.Phil.) degree in Mathematics from Acharya Nagarjuna University in the year 1999 by securing ‘A’ – Grade (83.6% marks). Later, the Petitioner was awarded the degree of Doctor of Philosophy (Ph.D.) in Mathematics in regular mode by Acharya Nagarjuna University on 15.02.2008 for the thesis titled ‘Right Jacobson Radicals for Right Near Rings’.

While pursuing the academic qualifications as mentioned above, the Petitioner joined J.K.C. College, Guntur, on 09.05.1997 and discharged his duties as Lecturer/Assistant Professor in the Department of Mathematics until 05.09.2007. The appointment of the Petitioner was ratified by Acharya Nagarjuna University on 07.06.2005, and a service certificate was also issued by the said J.K.C. College to the Petitioner on 11.04.2018. Thereafter, the Petitioner worked in Chalapathi Institute of Engineering and Technology (CIET), Lam, Guntur, after getting selected through an open selection process, as Lecturer (later re-designated as Assistant Professor) from 06.09.2007 to 09.08.2010. Thereafter, he started working as Assistant Professor (contract basis) in the Department of Mathematics, University College of Sciences, at Acharya Nagarjuna University, from 11.08.2010 till date. Later, the Petitioner, having the above-mentioned qualifications and experience, applied for the post of Associate Professor in Mathematics and Applied Mathematics pursuant to the recruitment notification issued by the Respondent-University. However, the application of the Petitioner, as mentioned above, was rejected with the remarks as extracted below:-

Questioning the rejection of his application, the Writ Petition is filed.

Sri Rama Chandra Rao Gurram, learned counsel for the Respondents, relied on Clause No.4 of G.O.Ms.No.20, Higher Education (UE) Department, dated 28.06.2023, and submitted that, though the Petitioner is working as an Assistant Professor, since he is not being paid emoluments on par with those of a regular Assistant Professor, his experience in that cadre cannot be sustained.

Heard the counsels.

In the opinion of this Court, the rejection endorsement given by the Respondent-University may not be sustained, for the reason that the services of the Petitioner in JKC College were ratified by Acharya Nagarjuna University while the Petitioner was pursuing his Ph.D. in Acharya Nagarjuna University. Therefore, it would not be proper for the Respondent-University to reject the application of the Petitioner on the above said ground. Secondly, the impugned endorsement does not reveal on what ground the Petitioner does not satisfy the experience (eligibility) for appointment to the said post, as he is admittedly working in the University College of Sciences at Acharya Nagarjuna University as an Assistant Professor since 2010 onwards.

Coming to the submission made by Sri Rama Chandra Rao Gurram, learned counsel for the Respondents, and his reliance on Clause No.4 of G.O.Ms.No.20, Higher Education (UE) Department, dated 28.06.2023, in the opinion of this Court, the primary criterion for determining the past service is the experience of the individual in discharging the duties as an Assistant Professor. The ground of pay scale could be a criterion to cross-check the applicants whose credentials as an Assistant Professor are doubtful. In cases where there is no doubt with regard to the duties as an Assistant Professor as in this case, the insistence on a pay scale on par with regular employees, as prescribed by the University Grants Commission (‘UGC’), would be unfair, as the person appointed and working on a contract or temporary basis would not be in a bargaining position with his employer to demand pay equal to UGC scales as there would be an immediate threat of dispensing with his services. Therefore, in cases where there is absolutely no dispute with regard to the experience of eight years and as prescribed under G.O.Ms.No.20 under Clause 4.3(e), the same could not come in the way. A similar issue was considered by this Court in W.P.No.24395 of 2026 and batch and it was held that Regulation 10(f)(iii) is not applicable to the non-regular teaching faculty of the University as well as Government Lecturers teaching corresponding courses.

In view of the same, the Writ Petition is disposed of with the consent of the counsels, with the following directions:-