Method of Appointment of JLs Government Junior Colleges GO 302 Dated 18.9.2008

Method of Appointment of JLs Government Junior Colleges GO 302 Dated 18.9.2008. Intermediate Education – APIES Rules- Method of Appointment to the post of Junior Lecturer in Government Junior Colleges – Amendment to the Andhra Pradesh Intermediate Education Service Rules – Orders – Issued. HIGHER EDUCATION (I.E.I./A1/DEPARTMENT G.O.Ms.No.223 Dt. 18.09.2008 Method of Appointment of JLs Government Junior Colleges GO 302 Dated 18.9.2008

Method of Appointment of JLs Government Junior Colleges GO 302 Dated 18.9.2008

Read the following

• 1. G.O.Ms.No. 302, Education Deptt., dt. 30.12.1993.
• 2. Orders of Supreme Court dt. 07.11.2001 in CA No.s 9643-9644/1995 filed by Sri V. Jagannatha Rao and Others Vs State of Andhra Pradesh and Others.
• 3. Orders of APAT dt. 02.12.1999 in O.A.No. 4672/1995 and batch filed by Sri G. Guravaiah and others.
• 4. G.O.Rt.No. 411, HE Deptt., dt. 22.06.2002.
• 5. From the CIE’s Lr.Rc.No. Ser.II/A1/799/2007, dt. 19.12.2007.
• 6. From the Secretary, APPSC, Lr.No. 1209/RR/2008, dt. 15. 09.2008.

ORDER:

• Rule 3 of the Special Rules for the Andhra Pradesh Intermediate Education Service issued in G.O. Ms.No. 302, Education Department, dt. 30.12.1993, specifies the method of appointment and appointing authority for various categories of posts.
• 2. Category (8) of rule 3 prescribes the method of appointment in respect of Junior Lecturers. The Rules stipulate that 50% of the posts shall be filled up by direct recruitment while 40% of the posts are to be filled by recruitment by transfer from the category of School Assistants and Language Pandits in the Government / Panchayat Raj Departments and 10% of posts are to be filled up by recruitment by transfer from any other Service in Education Department (non-teaching staff of Education Department). Several applications were filed by Sri G. Guruvaiah, SGT and others before the Andhra Pradesh Administrative Tribunal claiming appointment as Junior Lecturers under the said rules. In its judgment dated 2nd December 199 in O.A. No. 4672/1996 and Batch, the Andhra Pradesh Administrative Tribunal directed as follows.
• “As the issue in these O.As before us is the eligibility of the Members of the other services and the percentage of allotment between the various sub sectors, for the various reasons stated above, we hold that 50% of the vacancies are earmarked in direct recruits and the remaining 50% of the vacancies are available for recruitment by transfer to School Assistants of A.P. School Education Subordinate Service or recruitment by transfer from any other service as defined in Rule 2 (30) of A.P. State and Subordinate Service Rules. The respondents have to lay down the method of apportioning of these 50% vacancies amongst the various sub-groups. All the O.As are accordingly disposed off in the above lines with a direction to the respondents to lay down the norms among these sectors judiciously within a period of one month from the date of receipt of a copy of this judgments.
• 3. Pursuant to the direction of the Hon’ble Andhra Pradesh Administrative Tribunal mentioned in Para (2) above, the Government constituted a six-member official Committee vide G.O.Ms.No. 411, Higher Education Department dt. 22.06.2002 for examining the issue of apportioning the 50% quota of Junior Lecturer vacancies meant for filling up by way of recruitment by transfer from various feeder categories. The said Committee recommended inter-alia that.
• a) The 40% allocation for recruitment by transfer from the teaching cadres from School Assistants, Lan- guage Pandits etc. shall be as per combined seniority of Government, Panchayat Raj and Tribal Welfare Department teachers subject to the approval of organization of teachers from Panchayat Raj and Tribal Welfare Department into local cadres.
• b) out of the 10% for non-teaching staff, 3% shall be allowed to Superintendents in the Department of Intermediate Education, Collegiate Education and School Education and Assistant Project Officer in Adult Education Department as per inter-se-seniority. Similarly another 3% was recommended for the Senior Assistants / Senior Stenos/ Statistical Assistants in the above mentioned Departments and 4% for the Junior Assistants / Typists / Junior Stenos / Store Keepers in these Departments.

4. Subsequently in a Civil Appeal No. 9643-44/1995 between Jagannadha Rao and Others Vs State of Andhra Pradesh and Others, the Hon’ble Supreme Court in its orders dt. 7.11.2001 held as follows.

• “At the outset it may be noticed that Article 371-D(10) of the Constitution unequivocally indicates that the said Article and any order made by the President there under shall have effect not with standing anything in any other provision of the constitution or in any other law for time being in force Necessarily therefore, if it is construed and held that the Presidential Order prohibits consideration of the employees from the feeder category from other units then such a rule made by the Governor under the proviso to Article 309 of the constitution will have to be struck down. Then again in exercise of powers under paragraph 5 (2) of the Presidential Order if the State Government makes any provision, which is outside the purview of the authority of the Government, under Para 5 (2) of the order it self then said provision also has to be struck down. Having construed the rules framed by the Governor under proviso to conclusion is irresistible that the said rule to the extent indicated by the Tribunal is constitutionally invalid and its conclusion is unassailable in the case in hand, the impugned provisions do not appear to have been framed in exercise of powers under paragraph 5 (2) of the Presidential Order and as such the same being a rule made under proviso to Article 309 of the Constitu- tion. The Presidential Order would prevail, as provided under Article 371-D (10) of the constitution. Even if it is construed to be an order made under Paragraph 5 (2) of the Presidential Order, then also the same would be invalid being beyond the permissible limits provided under said paragraph. In this view of the matter, the Tribunal rightly held the provision to the extent it provides for consideration of employees of the Factories and Boilers units to be invalid for the purpose of promotion to the higher post in the Labour unit”.
• 5. In the context of interpreting the meaning of word “transfer” used in 5(2) of the Presidential Order, the Apex Court further held that “We therefore find no reasons to accept this stand of the appellant that the expression “transfer” takes within its scope a “promotion”.
• 6. As per the above cited observation of the Hon’ble Supreme Court of India, the posts of Junior Lecturers in Intermediate Education Department can be filled by promotion of employees from the lower cadre in the same unit of appointment as defined under the Presidential Order or by “transfer” from any other equivalent cadre or horizontal cadre organized under Presidential Order. In the present cases, the posts of School Education Department were organized into local cadre vide G.O.Ms.No. 529 Education Department dt. 14.5.1976, whereas, the posts of Higher Education Department were organized into separate local cadres vide orders issued in G.O.Ms.No. 572, Education Department, dt. 24.5.1976. Hence, it would not be possible to consider the lower cadres of School Education Department or similarly any other departments for appointment by promotion to the post of Junior Lecturers in Higher Education Department. Hence, keeping in view, the above mentioned Supreme Court orders, apportionment of the posts of Junior Lecturers among various lower feeder categories for appoint- ment by promotion has to be limited to the Higher Education Department only. Since there are no equivalent / horizontal cadres to that of Junior Lecturers / Junior Lecturer (Vocational) in other Government Departments, the possibility of appoint- ment by transfer does not exist at present.
• 7. The Government have carefully considered the recommendations of the Official Committee in the light of the judicial pronouncement of the Hon’ble Supreme Court in the case of Jagannadha Rao and Others Vs State of Andhra Pradesh and Others (orders dt. 7.11.2001 in CA No. 9643-44 of 1995) and have decided that while the recommendation (a) above of the Official Committee can not be accepted as it would violate the provisions of the Presidential Order, the recommendation (b) can be accepted to the extent of apportionment of 10% vacancies among various feeder categories of non teaching staff working in the Higher Education Department only.
• 8. In the reference 6th read above, the Secretary, APPSC has informed that the Commission has accorded concurrence to amend the Andhra Pradesh Intermediate Education Service Rules issued in the G.O. 1st read above. 
• 9. Accordingly, the following notification will be published in the Andhra Pradesh Gazette. 

NOTIFICATION 

In exercise of the powers conferred by the proviso to Article 3096 of the Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Intermediate Education Service Rules issued in G.O.Ms.No. 302, Education Deptt., dt. 30.12.1993.

AMENDMENTS 

1. In the said rules – in rules 3,9 and in the Annexure for the word “transfer wherever it occurs, the word’ “promotion” shall be substituted.
2. In rule 3 (i) in category (8) in column (3) for the existing entries the following shall be substituted, namely:- 

• i) By Direct Recruitment – 90%
• ii) By recruitment by promotion from
• a) Superintendents in the Department of Intermediate 3% Education and Collegiate Education as per inter se seniority.
• b) Senior Assistants and Senior Stenos In the Departments of Intermediate 3% Education and Collegiate Education as per inter se seniority.
• c) Junior Assistants, Junior Stenos and Store Keepers in the Departments 4% of Intermediate Education and Collegiate Education as per inter se seniority

Note :

• i) If no qualified and suitable person is available in category (a) above, the posts earmarked for that category may be filled up by the eligible persons in categories (b) or (c), in that order.
• ii) If no qualified and suitable person is available in category (b) above the earmarked posts may be filled up by category (a) and (c), in that order.
• iii) If no qualified and suitable person is available in category (c) above the earmarked post may be filled up by category (a) and (b) in that order”.
• iv) in category 9, in column (3), for existing entry (c) the following shall be substituted, namely.
• “(c) By recruitment by promotion from the category of Superintendents, Senior Assistants, Senor Stenos, Junior Assistants, Junior Stenos and store Keepers in the Departments of Intermediate and Collegiate Education, as per inter se seniority, if no qualified and suitable person is available under the above two methods”.
• (3) In rule 7, the words, “or recruitment by transfer” and “or appointment by transfer” shall be omitted. (4) In rule 8, the words, “or transfer”. Shall be committed.