1. This writ petition is filed seeking a Writ of Mandamus declaring the proceedings in Rc.No.S3/001968/Hyd-S 2019, dated 24.06.2019 issued by respondent No.4 – Telangana State Commission for SCs and STs interdicting the Notification vide Advt.No.C3/1/2019, dated 02.03.2019, issued by respondent No.2 – Jawaharlal Nehru Technological University, Kukatpally, Hyderabad, as illegal, arbitrary, unconstitutional and consequently, to set aside the same and direct respondent No.2 – University to finalize the selection process in connection with the Notification vide Advt.No.C3/1/2019, dated 02.03.2019, and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioners are working as Professors in private engineering colleges in Hyderabad and Warangal respectively. Respondent No.2 – University has issued a Notification under Advt.No.C3/1/2019, dated 02.03.2019, advertising 32 posts of Professors in various disciplines, either for the post of Professor in Computer Science or Engineering and also Information Technology. Petitioners have applied for the post of Professor and respondent No.2 – University has conducted interviews on 21.06.2019 and 22.06.2019. At that stage, respondent No.4 – Commission addressed a Letter, dated 24.06.2019, to respondent No.2 – University to implement the Rule of Reservation for the post of Professor by following the guidelines issued in Andhra Pradesh Regulation of Reservations for Appointment in Public Services Act, 1977 (for short, ‘the Act, 1977’) and thus, interdicted recruitment process. Pursuant to the same, respondent No.2 – University stopped the recruitment process without intimating any further decisions in this regard to the candidates. Challenging the same, the present writ petition is filed.

3. The contentions of the petitioners are that even the Composite Government for the State of Andhra Pradesh or Telangana, never issued any notification extending the reservations for the post of Professors and the reservations are applied only upto the posts of Assistant Professor and Associate Professor under various Government Orders. But, for the first time, respondent No.4 – Commission intervened in the service matters and interdicted the recruitment process against the decision of the Apex Court of the Country.

4. It is further submitted that the issue of reservations is a State subject and reservations with reference to the post of Professors is available only at Central University but not in State Universities and each State has its own reservation policy. Therefore, interdicting the notification of respondent No.2 – University by respondent No.4 – Commission was illegal and arbitrary.

5. It is further submitted that having issued the notification, respondent No.2 – University cannot change the modalities subsequently and that for want of adequate staff, the University is suffering a lot and that non-filling up of the same would adversely affect the academics and also increase the unemployment. Therefore, it was prayed in the writ petition that this Court should intervene and direct respondent No.2 – University to finalize the selection process expeditiously.

6. Respondent No.2 – University has filed its counter affidavit stating that Notifications No.C3/1/2013, C3/2/2013, C3/3/2013, C3/4/2013 and C3/5/2013, dated 25.03.2013, were issued by respondent No.2 – University for filling up of 186 posts including the posts of Professors (32), Associate Professors (52) and Assistant Professors (102) and the same was challenged before this Court and the selection procedure was kept in abeyance due to the interim orders passed by this Court in W.A.Nos.716 and 717 of 2014. Thereafter, W.A.Nos.716 and 717 of 2014 were closed by this Court on 24.0.2016, permitting respondent No.2 – University to issue a fresh notification for recruitment for all campuses and accordingly, the Government has issued G.O.Ms.Nos.34 and 8 of Higher Education Department, dated 25.11.2017 and 13.03.2018 respectively permitting to fill up 182 vacant posts and in accordance therewith respondent No.2 – University has issued Notification vide Advt.No.C3/1/2019, dated 02.03.2019, inviting online applications from the eligible candidates for 32 posts of Professors in various branches/specializations in JNTUH constituent colleges and its units.

7. It is submitted that the notification was issued as per the approval of 42nd meeting of the Executive Council held on 15.02.2019 after duly following the procedure and norms and also as per the legal opinion obtained from the learned Additional Advocate General, State of Telangana, dated 01.03.2019.

8. It is submitted that basing on the recommendations of Scrutiny Committee, interview call letters were sent to the eligible candidates in Engineering Departments and respondent No.2 – University has conducted Selection Committee Meetings on 21.06.2019 and 22.06.2019 for the post of Professors only in Civil Engineering, Mechanical Engineering, Electrical and Communication Engineering, Computer Science and Engineering branches. Since respondent No.2 – University was established under the State Act, respondent No.2 – University has to follow and adopt the Rule of Reservation of the State Government in respect of the recruitment in the University. The Government Orders (GOs) in respect of the Rule of Reservation for the recruitment of faculty in the Universities established under the State Enactments are as follows:

               “i. The composite State of Andhra Pradesh, issued, G.O.Ms.No.995, Education Department dated 16.12.1982 wherein Orders were issued for implementation of the Rule of Reservation in the teaching posts upto the Reader level (Associate Professor) in the Universities.

               ii. Thereafter, G.O.Ms.No.117, Education (C) Department dated 05.03.1983 was issued for increase of percentage of reservation for SCs from 14% to 15% and for STs from 4% to 7.5% in regard to the appointment in the Universities.

               iii. Thereafter, G.O.Ms.No.65, General Administration (Services-D) Department dated 15.02.1997 was issued by the Government amending the rule of reservation under Rule 22 para 2 (a) according to which the Unit of appointments for the purpose of this rule shall be one hundred vacancies of which fifteen shall be reserved for SC, six shall be reserved for ST, twenty five shall be reserved for the backward classes and the remaining fifty four appointments shall be made on the basis of open competition and subject to rule 22-A of these rules (along with women reservation).

               iv. Thereafter, the G.O.Ms.No.252, General Administration (Ser.D) Department dated 28.03.2004 was issued by the Government for implementing the rule of reservation for VH, HH and OH.

               v. Thereafter, the G.O.Ms.No.30, BC Welfare (C2) Department dated 21.09.2007, was issued by the Government for providing 4% reservation to the socially and educationally BC of Muslims.”

9. It is further submitted that basing on the above Government Orders (GOs), respondent No.2 – University has made number of recruitments for the post of Professors without providing any reservation since there are no Government Orders (GOs), which provide for Rule of Reservation for the post of Professors. Even according to the UGC, the Rule of Reservation has to be followed by the Education Institutions functioning within a State, by following the percentage of reservation prescribed by the respective State Governments and the other guidelines issued by the UGC for the Rule of Reservation are applicable only to the Central Educational Institutions.

10. It is submitted that when respondent No.2 – University was proceeding with the process of recruitment to the post of Professors, respondent No.4 – Commission has addressed a Letter, dated 19.06.2019, forwarding the representations for taking necessary steps to stop the faculty recruitment for the post of Professors alleging that there are violations in not implementing the Rule of Reservation and in view of the said communication, a reply was also issued to respondent No.4 – Commission clarifying the entire procedure of recruitment. It is submitted that thereafter, respondent No.4 – Commission has communicated a Letter, dated 22.06.2019, to respondent No.2 – University including the Government Circular No.16076/UE.1/A2/2012-13, dated 09.04.2013 of the Higher Education and the Act, 1997, dated 21.08.1997 wherein it was mentioned that all the Registrars are advised not to go ahead with recruitments at least six months before the expiry of term of the Vice-Chancellor as a measure of proprietary and to take up such recruitment once a regular Vice-Chancellor joins.

11. It is further submitted that respondent No.4 – Commission has issued further letters to implement the Rule of Reservation for recruitment of the post of Professors and to attend the review meetings with connected records relating to the recruitment on 03.07.2019. It is submitted that all the relevant record for the recruitment of Professors was placed before respondent No.4 – Commission including the resolutions of the Executive Council of respondent No.2 – University. It is stated that respondent No.2 – University addressed a Letter, dated 02.07.2019, to respondent No.1 seeking clarification for implementing the Government Orders (GOs) and to allow respondent No.2 – University to complete the recruitment process.

12. Reliance is placed on the Judgment of the Hon’ble Supreme Court in Indra Sawhney v. Union of India(1992 Supp (3) SCC 217), to submit that in the case of posts at the higher echelons, such as Professors (in Education Institutions), provision for reservation would not be advisable and that respondent No.2 – University has placed a detailed item for the procedure followed from time to time regarding the recruitment and correspondence with respondent No.4 – Commission in 45th meeting of Executive Council held on 24.06.2019 and also placed on record the recommendations of the Selection Committee meeting held on 21.06.2019 and 22.06.2019 and that the Council has resolved to defer the item in view of the above circumstances.

13. Finally, it is stated that the reservation is prerogative of the State Government to take a policy decision and respondent No.2 – University has implemented the policy decision of the State Government, which provides reservation upto the level of Associate Professors only and that the reservations are not followed to the post of Professors and respondent No.2 – University is awaiting instructions from the State Government and would proceed with the recruitment process after receiving instructions from the State Government. The relevant Government Orders (GOs) are also placed along with the counter affidavit.

14. Though the State Government is also a party to the present Writ Petition, no counter affidavit was filed by it. The persons, at whose instance, respondent No.2 – University interdicted the recruitment process were also impleaded as respondents No.5 and 6 vide order dated 25.08.2022 in I.A.No.1 of 2021. Despite service of notice on respondents No.5 and 6, there is no counter filed by them as well. Respondent No.4 – Commission has also not filed any counter affidavit nor is there any request for time to file a counter.

15. In view of the same and having regard to the rival contentions and the material on record, this Court finds that respondent No.2 – University, being the State University, has to follow the Government Orders (GOs) issued by the Government of the State of Telangana and all the Government Orders (GOs), which have been referred to by respondent No.2 – University in its counter affidavit only provides reservation upto the post of Associate Professors and no reservations are provided for the post of Professor. Only on the ground that respondent No.4, being State Commission for SCs and STs, has written a letter to apply the Rule of Reservation for the post of Professors also, the recruitment process has been stalled. However, the Rule of Reservation is a policy decision to be taken by the concerned Government and in this case, since the State Government has not provided for reservations in the post of Professors and, in fact, there are decisions of the Hon’ble Supreme Court that the Rule of Reservation shall not apply to the higher echelons, such as Professors in Educational Institutions, respondent authorities ought not to have stalled the recruitment process.

16. In the light of the aforesaid discussion, respondent Nos.1 and 2 are directed to resume and proceed with the finalization of the selection and fill up the vacancies, which are notified under Advt.No.C3/1/2019, dated 02.03.2019, expeditiously, preferably within a period of three (3) months from the date of receipt of a copy of this Order.

17. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.

18. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.