LexBESANT THEOSOPHICAL COLLEGE versus N. ANANTHAIAH AND ORS
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.... ,. BESANT THEOSOPHICAL COLLEGE A . v. N. ANANTHAIAH AND ORS .. APRIL 4, 2007 [S.B. SINHA AND MARKANDEY KA TJU, JJ.] B Service Law-Selection-Private aided college-Post of Librarian- .... Qualification prescribed in terms of G.0.Ms of 1992-Said G. 0. Ms substituted by G.O.Ms of 1999-Circular letter 31-8-2000 issued by State Government c clarifYing that existing procedure of Selection Committee in terms of the earlier G.O.Ms was to be followed until further orders-Interpretation of- -.. Held: By reason of the Circular letter neither the effect of subsequent G.O.Ms was taken away nor the said G. O.Ms can be said to have been again replaced by the earlier G.O.Ms-Only the procedure laid down in the earlier G.O.Ms was directed to be followed-The subsequent G.O.Ms operated in the D field-Circulars/Government Order. ·- Appellant is a private aided college in which the post of Librarian fell vacant Qualification for the post of Librarian was prescribed in terms of G.O. Ms No.12 dated 10.10.1992. The said G.O. Ms was substituted by G.O. Ms. No. 208 dated 29.6.1999. On a query with regard to the Selection procedure E to be followed in view of the subsequent G.O.Ms, the State Government clarified vide its circular letter 31-8-2000 that the existing procedure of Selection Committee in terms of the earlier G.O. Ms was to be followed until further orders. The question which arose for consideration in the present appeals is F • whether by reason of the circular letter dated 31.8.2000, the effect of s1:1bsequent G.O. Ms. was taken away and the said G.O.Ms can be said to have been again replaced by the earlier G.O.Ms. Dismissing the appeals, the Court G -~ HELD: 1.1. G.O.Ms No. 12 dated 10.1.1992 has been substituted by G.O.Ms. No. 208 dated 29.6.1999. Qualifications were prescribed for .. recruitment to the post of Librarian in latter G.O. viz. G.O. Ms. No. 208 dated J- 29.6.1999. The said G.O. shall operated in the field. [Para lOJ [875-C-DJ 871 H 872 SUPREME COURT REPORTS [2007] 4 S.C.R. A 1.2. By reason of the Circular letter dated 31.8.2000, the Commissioner ;... -~ and Director of Collegiate Education merely laid down that the existing procedure in regard to the constitution or oth~rwise of the Selection Committee as stated in G.O. Ms. No. 12 dated 10.1.1992 should be followed until further orders. By reason of the Circular letter neither the effect of G.O. Ms. No. 208 was taken away nor the said G.0.Ms. can be said to have B been again replaced by G.O.Ms. No. 12of10.1.1992. Only the procedure laid down in the former was directed to be followed. (Para 11) (875-D-E] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 121 of2007. C From the Judgment and Order dated 22.08.2006 of the High Court of Andhra Pradesh at Hyderabad in Writ Appeal No. 1403 of2003. D WITH C.A. No. 123/2007. A. Subba Rao for the Appellant. Annam D.N. Rao, P. S. Narasimha, G. Girish Kumar and Kh. Nobin Singh, for the Respondents. The Judgment of the Court was delivered by: S.B. SINHA J. I. These appeals are directed against an order dated E 22.s;2006 passed by a Division Bench of the Andhra Pradesh High Court in Writ Appeal No. I 043/2003 whereby and whereunder the judgment and order of the learned Single Judge of the said Court dated 23. 7 .2003 passed in Writ Petition No. 44 of 1999 allowing the Writ Petition filed by the first respondent herein was allowed. F 2. Indisputably, the post of Lecturer fell vacant in the appellant- G institution. Qualification for holding the said post, therefore, is prescribed by the State of Andhra Pradesh as the institution is a private aided one. On or about 16.11.84 G.O Ms. No. 491 was issued by the Government of Andhra Pradesh prescribing qualification for the post of Librarian which is in the following terms: (i) Good academic record with at least a high second class Master's Degree in a subject other than Library Science. (ii) Master's Degree in Library Science with first or high second class ... 3. However, the University Grants Commission issued a notification H dated 20.2.1990 prescribing minimum qualification for recruitment to the post ' ' -. " )o. ;- BESANT THEOSOPHICAL COLLEGE v. N. ANANTHAIAH [S.B. SINHA, J.] 873 of Librarian, Deputy Librarians, Assistant Librarian, whereafter G.O. Ms. No. A 12 was issued by the Government of Andhra Pradesh on 10.1.1992 which is in the following terms: "Lectures in Library Science in Degree
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