23 Sep 2023 3:30 AM GMT
The Telangana High Court has directed Kakatiya University, Warangal to issue a No Objection Certificate to an Assistant Zoology Professor, despite his appointment being held illegal.Justice P. Madhavi was hearing a writ filed by a zoology doctorate, who had been appointed to the university as an assistant professor. "As the petitioner’s services have not been terminated subsequent to...
The Telangana High Court has directed Kakatiya University, Warangal to issue a No Objection Certificate to an Assistant Zoology Professor, despite his appointment being held illegal.
Justice P. Madhavi was hearing a writ filed by a zoology doctorate, who had been appointed to the university as an assistant professor.
"As the petitioner’s services have not been terminated subsequent to the judgment of the W.A.No.235 of 2011 and it is not denied that the petitioner has been rendering the services for the past 10 years i.e., from the year 2010 onwards, this Court is of the opinion that the respondent University ought to have issued the Service Certificate to enable the petitioner to submit his application to other Universities."
The petitioner is a PhD holder in Zoology and had applied for the position of Assistant Professor in Zoology at Kakatiya University and was subsequently selected and appointed.
However, a legal challenge was raised against the selection and appointment of Assistant Professors, including the petitioner's appointment. The challenge resulted in a declaration that the petitioner's appointment was illegal by both the High Court and the Supreme Court.
Despite this, the petitioner continued to serve as an Assistant Professor. Meanwhile, the petitioner applied to other universities for positions as an in-service candidate and required an NOC from Kakatiya University. The university rejected the petitioner's application for a NOC, leading to this writ petition.
The petitioner sought a direction to the university to issue him a No Objection Certificate (NOC) so that he could apply to other universities as an in-service candidate.
The university's argument was that the petitioner's appointment had been declared illegal, and he could not be considered an employee. They referred to a resolution by the Executive Council that had cancelled the appointments of the petitioner and others.
The Bench observed that there is no dispute that the petitioner worked in the respondent/University, during the pendency of the writ, the appeal and even on the day of filing of the application for NOC.
“Even though the appointment has been held as invalid by the Division Bench of this Court and also the Hon’ble Supreme Court, it is not denied that the petitioner has rendered service as an Assistant Professor of Zoology during the pendency of the writ petition and also writ appeal and he continued in service even as on 11.07.2022 when his application for issuance of No Objection Certificate had been rejected by the University.”
The Court observed that the petitioner had been working in the University for more than the last 10 years, since 2010, and has no disciplinary proceedings against him. Further, the petitioner has accepted that his appointment was illegal and as such wishes to apply as an in-service candidate in other universities. In such conditions, the university was directed to issue the NOC.
Accordingly, the petition was allowed.
Case Title: Dr.G.Rajender vs. The State of Telangana & Ors.
Counsel for petitioner: Srinivasa Rao Madiraju
Counsel for respondent: GP For Education TG, Adhi Venkateshwara Rao(SC FOR KU)
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