J. RANGASWAMY versus STATE OF ANDHRA PRADESH AND ORS.

J. RANGASWAMY versus STATE OF ANDHRA PRADESH AND ORS.

The government has not properly considered whether the petitioner's diploma is an adequate qualification. Due to delays and petitioner's continued service at a higher pay scale, he should be treated as appointed regularly to the post of Professor from May 1, 1995, and downgrading to Lecturer will be kept in abeyance till his superannuation. The order is passed in the specific facts and circumstances and not as a precedent.

Parties
Petitioner: J. Rangaswamy; Respondents: State of Andhra Pradesh and Ors.
Jurisdiction
India
Judgment Date
28 April 1995
Procedural Posture
Contempt Petition No. 211 of 1994; Interlocutory Application No. 1 of 1992 in Writ Petition (c) No. 4619 of 1985 (under Article 32 of the Constitution of India) / Disposal of Contempt Petition
Outcome
Petition disposed of
Legal Topics
Qualifications for Professor Post, Promotion in Medical Education, Service Rules Amendment
Service Law Qualifications for Professor Post Promotion in Medical Education Service Rules Amendment

Case Brief

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Parties

J. Rangaswamy

Petitioner

State of Andhra Pradesh and Ors.

Respondents

Procedural Posture

Contempt Petition No. 211 of 1994; Interlocutory Application No. 1 of 1992 in Writ Petition (c) No. 4619 of 1985 (under Article 32 of the Constitution of India) / Disposal of Contempt Petition

Legal Issues

  1. 1 Whether diploma from BARC is adequate qualification for the post of Professor of Radiological Physics
  2. 2 Compliance by State with Supreme Court directions
  3. 3 Downgrading of Professor post to Lecturer

Ratio Decidendi

The government has not properly considered whether the petitioner's diploma is an adequate qualification. Due to delays and petitioner's continued service at a higher pay scale, he should be treated as appointed regularly to the post of Professor from May 1, 1995, and downgrading to Lecturer will be kept in abeyance till his superannuation. The order is passed in the specific facts and circumstances and not as a precedent.

Court Disposition

Petition disposed of

Orders

  • Petitioner to be treated as regularly appointed Professor of Radiological Physics in Andhra Medical College, Visakhapatnam with effect from 1st May, 1995.
  • Decision to downgrade the post to Lecturer kept in abeyance till petitioner's superannuation.