(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not filling up, the total sanctioned vacancies of Junior Lecturers as well as Post Graduate Teachers in pursuant to 73th Board of Governors Meeting held on 19-08-2024 and in conducting counselling with 63 posts of Junior Lecturers and 135 posts of Post Graduate Teachers only out of existing vacancies of 383 and 269 respectively and informed the petitioners that the balance vacancies are going to be notified for direct recruitment is illegal, arbitrary, unjust and contrary to the Societies Standing Order No. 29/1996 dated 25-10-1996, Standing Order No. 09/2002 dated 05-12- 2002 and 08/2002 dated 09-11-2002 and violation of Article 14 and 16 of the Constitution of India and consequently direct the respondents to consider the cases of petitioners also for promotion as Junior Lecturers and Post Graduate Teachers respectively as per their seniority in terms of 73th Board of Governors Meeting held on 19-08-2024 and conduct the counselling on par with others in pursuant to memo Rc. No. HR-ll/1656766/2022 dated 28-03- 2025 of the 1st respondent, and pass such other orders.

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to consider the cases of petitioners also for promotion as Junior Lecturers and Post Graduate Teachers respectively as per their seniority in terms of 73rd Board of Governors Meeting held on 19-08-2024 before conducting the counselling in pursuant to Memo Rc.No.HR-11/1656766/2022 dated 28-03-2025 of the 1st respondent, pending disposal of the above writ petition and pass such other orders.

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents not to proceed with further in pursuant to memo Rc.No.HR- 11/1656766/2022 dated 28-03-2025 of the 1st respondent in so far as the posts of Junior Lecturers and Post Graduate Teachers, pending disposal of the above writ petition and pass such other orders.

IA NO: 3 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased prayed to this Hon’ble Court to implead the Petitioners/Proposed Respondent No.3 to 37 as Respondents No.3 to 34 in W.P.8640 of 2025 along with its accompanying I.A.No.1 and 2 of 2025 pending disposal of the Writ Petition and/or pass such other orders.

IA NO: 4 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased It is further urged to this Hon’ble Court to vacate the interim order dated 02.04.2025 passed in I.A.No.1 of 2025 in W.P.No.8640 of 2025 and/or pass such other orders.

IA NO: 5 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to vacate the interim orders passed in I.A.No.1 of 2025 in W.P.No.8640 of 2025, dated 02-04-2025 in the interest of justice and pass such other orders.)

1. The present Writ Petition is filed to declare the action of Respondents in not filling up the total sanctioned vacancies of Junior Lecturers (JLs) as well as Post-Graduate Teachers (PGTs) pursuant to 73rd Board of Governors Meeting held on 19.08.2024 and conducting counselling for 63 posts of Junior Lecturers and 135 posts of Post-Graduate Teachers only out of total existing vacancies of 383 and 269 respectively, as illegal and arbitrary.

2. The facts in brief are as follows;

Petitioner Nos.1 to 18 are working as Post-Graduate Teachers (PGTs) in Zones-I and II while Petitioner Nos.19 and 20 are working as Trained Graduate Teachers (TGTs) in Zones-III and II of Respondent No.1-Soceity. The Respondent-Society had framed certain service rules for effecting promotions to the posts of Junior Lecturers (JLs) from the cadre of Post-Graduate Teachers (PGTs).

3. As per the original rules, 70% vacancies in the cadre of Junior Lecturers (JLs) were to be filled up by transfer from the cadre of PGTs on the basis of seniority and 30% vacancies to be filled by PGTs who have worked for at least 2 years against JL Posts with Ph.D., with 50% in PG in relevant subject and M. Phil with 55% in PG in relevant subject.

4. The method of promotion was revised vide Society’s Standing Order No.09/2002 dated 05.12.2002, wherein it is mentioned that in the meetings held on 30.09.2002 and 01.10.2002 for promotion to the post of Junior Lecturer from the cadre of PGT and it has been recommended to adopt the 10 point roster system while considering promotions from the cadre of PGT to Junior Lecturer i.e. 70% quota to 1, 2, 4, 5, 7, 8 and 10 points and 30% quota to 3, 6 and 9 points.

5. It is further stated that prior to the issuance of the Standing Order No.09 of 2002, the 22nd Board meeting held on 31.07.1995 had prescribed the procedure for filling up the posts of Junior Lecturers in the same manner as mentioned above. While so, in the 64th Board meeting held on 26.09.2019, a resolution was passed to fill up 70% of vacancies by promotions and 30% of vacancies through direct recruitment. It is stated that though the resolution was passed, the same was not acted upon.

6. In the 73rd Board meeting held on 19.08.2024, certain resolutions were made and the erstwhile method of recruitment for appointment to the posts of Junior Lecturers was reiterated and the only channel available to fill up the posts of Junior Lecturers and PGTs is only by way of promotion.

7. It is stated that Respondent No.1 had forwarded proposals for promotion to the posts of Junior Lecturers and to the posts of PGTs by showing the cadre strength as well as the vacancies. However, instead of showing 100% vacancies for the promotees, only 70% vacancies were shown for promotion and 30% of vacancies have not been shown stating that the vacancies shall be filled up by direct recruitees.

8. It is also stated that Respondent No.1-Society has effected promotions to the women separately in schools, where girl students are more than boys though they were juniors. It is further stated that there is a need of Junior Lecturers in the subjects of Physics and Botany with combination of Chemistry and Zoology and the Department has notified the vacancies of Physics and Botany Lecturers only excluding Chemistry and Zoology Lecturers and in view of this wrong procedure, the Petitioners are losing their opportunity to get promotions.

9. It is also stated that the Respondents had divided the vacancies as ‘sanctioned vacancies’ and ‘non-sanctioned vacancies’. Once the High Schools are upgraded as +2, automatically the sanctioned staffing pattern to be treated as ‘sanctioned vacancies’. It is also stated that the total number of posts in the cadre of Junior Lecturers is ‘784’ and working strength is only ‘401’ and number of vacancies available is ‘383’ and similarly total number of posts in the cadre of PGTs is ‘674’ and working strength is ‘405’ and the number of vacancies available is ‘269’.

10. Though there are huge vacancies, only 63 candidates were promoted as Junior Lecturers and 135 candidates were promoted as PGTS from the feeder category of PGTs and TGTs respectively and the Petitioners are losing out further promotions. The further promotion from the cadre of Junior Lecturers is Principal and the delay in effecting promotions to the Petitioners in the available vacancies would lead to the Petitioners losing out their chance of promotions to the cadre of Principal. Hence, the Writ Petition is filed.

11. A Counter-Affidavit is filed by Respondent No.1-Society stating that the Government had issued G.O.Ms.No.118, Social Welfare (Q) Department, dated 17.11.1983 establishing the A.P. Social Welfare Residential Schools in the State to provide ‘quality education’ to the talented children belonging to Scheduled Caste community coming mainly from the rural areas. By virtue of G.O.Ms.No.245, Social Welfare

(Q) Department, dated 03.10.1986, the State Level Society was constituted under the name and style of “The Andhra Pradesh Social Welfare Residential Educational Institutions Society” (for short “the APSWREIS”). The APSWREIS was registered under the A.P. Societies Registration Act and the management of the Society was vested in Board of Governors with Minister for Social Welfare as ‘Chairman’ and Principal Secretary to Government, Social Welfare, as ‘Vice Chairman’ and other Government officials as ‘Members’.

12. It is stated that the Agenda item No.21 placed before the 73rd Board of Governors meeting held on 19.08.2024 was not approved by the Board. The sanctioned posts of Junior Lecturers and Post-Graduate Teachers have been taken as per the posts sanctioned by the Government to the A.P. Social Welfare Residential Institutions from time to time and reliance was placed on 64th Board meeting held on 26.09.2019 with regard to ratio of promotions at the rate of 70:30.

13. It is stated that the Petitioners cannot claim 100% promotions as was followed at earlier point of time. It is stated that in the 22nd Board meeting held on 31.07.1995, the Board of Governors of the Society had framed Special Rules governing procedure for the selection, appointment and other related matters and the same was amended in the 64th Board meeting held on 26.09.2019.

14. As regards the ‘sanctioned’ and ‘non-sanctioned’ vacancies, it is stated that G.O.Ms.No.79, dated 28.07.1998 was issued wherein 33 Social Welfare Residential Institutions were sanctioned in united Andhra Pradesh and among them, 18 institutions were allocated to Andhra Pradesh and 15 institutions were allocated to the State of Telangana.

15. It is further stated that the Government also permitted the Respondent-Society for creation of teaching posts in accordance with the approved staffing pattern and to recruit only minimum staff actually required during the current academic year and a balance staff to be deployed every year depending on the strength of the students admitted.

16. In continuation, G.O.Ms.No.66, SW (RS.1) Department, dated 25.08.2006 was issued while sanctioning 5 posts of Junior Lecturers, 6 posts of Post-Graduate Teachers and 7 posts of Trained Graduate Teachers to each institution. It is stated that as per S.O.No.09 of 2002, dated 05.12.2002, roster point system was introduced and there is no alteration in the method of promotion to the posts of Junior Lecturers. It is also stated that as per 67th Board meeting held on 03.09.2020, the Board of Society had resolved to fill up Ph.D/M.Phil posts of Junior Lecturers with non-Ph.D/non-M.Phil PGTs, if eligible candidates are not available.

17. As regards the appointment of women in the institutions, reliance was placed on the Rules, which provided for women alone to be appointed to the sanctioned posts i.e. SWR Girls institutions. It is also admitted that certain women were promoted in excess and the excess women candidates will be adjusted in future.

18. In reply to the allegations regarding improper promotions of Physics, Chemistry, Botany and Zoology Lecturers, it is stated that only sanctioned posts of Physics and Botany have been taken into consideration. It is further stated that the Respondent-Society had communicated final seniority list of Trained Graduate Teachers of all Zones vide Proceedings dated 17.10.2023 (Zone-I & II), 19.10.2023 (Zone-III) & 20.10.2023 (Zone-IV) and the final seniority list of Post Graduate Teachers of all Zones was communicated vide Proceedings dated 03.03.2025 (Zone-I to IV) and 70% posts are being filled up by promotion.

19. After passing of interim orders by this Court in I.A.No.1 of 2025, dated 02.04.2025, an implead application was filed vide I.A.No.3 of 2025 in support of the contentions of Respondent-Society, wherein it is stated that considering the relief sought to the Writ Petitioner interim order has no correlation. It is further stated in the implead application that Respondent Nos.3 to 39 were appointed long prior to the Petitioners and by no stretch of imagination, the Petitioners can be considered to be impleaded.

20. The counsel for the Petitioners reiterated the submissions regarding the ratio and relied on the 73rd Board resolutions as referred above to substantiate the plea that 100% vacancies were to be filled by promotion only and that the 64th Board meeting was not being acted upon. The Standing Counsel appearing for Respondent No.1-Society also reiterated that 30% of vacancies have to be filled up by direct recruitees and the specific resolution of the 64th Board meeting held on 26.09.2019 holds good and contended that the resolutions of 73rd Board meeting do not annul the 64th Board meeting resolution. The counsel for implead Petitioners submitted that there is no dispute to the seniority and their promotions need not be stalled in the absence of any challenge thereto and that the interim order stalling the promotions is unwarranted.

21. Heard the respective counsels.

22. The issue whether all the vacancies have to be filled up by promotion in the ratio of 70:30 as mentioned above or whether the 30% of vacancies can be filled up by Direct Recruitment is the core issue in the Writ Petition.

23. The method of promotion to the posts of Junior Lecturers prior to 1996 is as under;

“The existing procedure for appointment of JLs from the category of PGTs in APSWR Schools as per the Service Rules of the Society is as follows:

i) By transfer from PGT to Junior Lecturer, 70% of the posts shall be filled based on seniority; and

b) 30% of the posts to be filled in the following order;

ii) Those PGT, who have worked for at least 2 years against Junior Lecturers Posts.

iii) Ph. D with 50% in PG in relevant subject;

iv) M. Phil with 55% in PG in relevant subject.

Note: If there are no suitable candidates for consideration under

(b) above, then these posts also may be filled based on criteria indicated at (a) above.”

24. This was amended vide S.O.No.09 of 2002, dated 05.12.2002 and roster system was introduced to certain posts i.e. Point Nos.1, 2, 4, 5, 7, 8 and 10 in the 70% vacancies to be filled up by promotion while Point Nos.3, 6 and 9 were to be filled up as per roster in the 30% quota. The relevant portion is extracted below;

“In the revised procedure for appointment of JLs in APSWR Schools, it has been decided to introduce roster of ten points while considering promotion from the cadre of PGT to JL.

a) By transfer from PGT to JL, 70% of the posts shall be fixed based on seniority and,

b) 30% of the posts to be filled in the following order.

i) Those, PGT, who have worked for at least 2 years against JL posts.

ii) Ph. D with 50% in PG in relevant subject.

iii) M. Phil with 55% in PG in relevant subject.

Note:

i) The Point 1, 2, 4, 5, 7, 8 and 10 should be filled up on seniority basis 70%

ii) The remaining points 3, 6 & 9 should be filled up against 30% quota.”

25. In the 64th Board meeting held on 26.09.2019 it was decided to fill up the vacancies in the PGT and Junior Lecturer posts be filled up with 70% by promotion and remaining 30% by direct recruitment as was followed in the sister Societies i.e. APERI and MJPABBCWREI. The relevant portion of the resolutions is extracted below;

“iii. While filling up PGT & JL vacancies, 70% of the vacancies must be filled up through Promotions and 30% of the vacancies must be filled up through direct recruitment, as is being done in the case of sister Societies like APREI Society and MJPAPBCWREI Society.”

26. In the 73rd Board meeting held on 19.08.2024, the issue of of filling up the vacancies in PGTs and Junior Lecturers was included in the Agenda of the Board meeting, but no specific Board resolutions were passed on the said aspect. The entire Minutes of the Board meeting were filed along with the Counter-Affidavit of Respondent No.1-Society and the resolutions starts from Page 77 thereof till Page 94.

27. The resolutions in the said meeting are with regard to the following aspects;

(i) Comprehensive Proposals for Promotion Channel for Non- Teaching Staff at Head Office and in the Districts;

(ii) Parameters for Renewal of Contract Teachers who are working in Dr. B.R. Ambedkar Gurukulams in the State;

(iii) Adjustment of Male Staff working in Female Institutions to Boys Institutions;

(iv) Upgradation of Trained Graduate Teacher (Physical Science) to Post Graduate Teacher (Physical Science) in Upgraded Science Colleges;

(v) Amendment of Service Rules to Promote JLs/PGTs as Principal Gr.II in APSWREI Society; and

(vi) Restricting Penalty to 15% of the Supply Value in connection with Supply of Carpets, Bed Sheets, Towels, Track Suits, Night Wear and Chunnies to the Dr. B.R. Ambedkar Gurukulams in the State during the Academic Year 2018-19.

28. Apart from the above, no resolution was passed with regard to altering the resolution passed in the 64th Board meeting vis-a-vis the quota of promoted and direct recruitment as extracted above. In the light of the resolution passed by 64th Board Meeting held on 26.09.2019, the contention of the Petitioners cannot be sustained.

29. Apart from that the promotions are effected on the basis of seniority lists communicated for TGTs and PGTS. The seniority lists were never questioned by the Petitioners and in the absence of any challenge to the seniority lists, there was no reason for the promotions to be stalled making the Respondent No.1-Society suffer for want of manpower and the same is not in public interest.

30. Therefore, this Court does not find any merit in the Writ Petition and accordingly dismissed.

31. No order as to costs.

32. As a sequel, pending applications, if any, shall stand closed.