B. S. A. SWAMY, J. ( 1 ) PETITIONER who is working as a last grade employee on improvement of his educational qualifications i. e. , pass in ma. , Telugu in first class was knocking the doors of the Government as well as this court since 1996 and it is the fourth round litigation. ( 2 ) INSPITE of the orders given by this court in all these four writ petitions, the government refused to consider his case for appointment as a Junior Lecturer by transfer on the sole ground that there is no provision for appointment to the post of junior Lecturer by transfer in the rules governing the service conditions of the teaching and non-teaching staff working in private aided colleges. ( 3 ) IT is unnecessary to state what has happened all these years as the stand of the Government is consistent in rejecting the claim of the petitioner inspite of the orders given by this Court. In fact, in the second round of litigation Justice somasekhara as he than was by order dated 23-7-1997 in WP No. 5695 of 1997 has taken the view to the extent of holding that all the orders governing the service conditions of the Government employees are equally applicable to the employees working in aided colleges under relevant special rules in G. O. Ms. No. 302, dated 30-12-1993 relating to the Junior lecturers. ( 4 ) HAVING taken that view by making a reference to the special rules issued by the Government, the post of junior Lecturer in a Government Junior college can be filled up in either by direct recruitment or recruitment by transfer either from School Assistants or from any other service in education department (nonteaching staff) up to an extent of 10% and gave a direction to consider the case of the petitioner in the light of the orders passed therein. Having received the said order, the 2nd respondent again rejected the case of the petitioner on the self-same grounds in his proceedings dated 3-9-1997. The contempt Case No. 1666 of 1997 was filed by the petitioner and the same was dismissed by the learned Judge on the ground that no other person was appointed in the post, and as such it cannot be said that the claims of the petitioners were ignored. The contempt Case No. 1666 of 1997 was filed by the petitioner and the same was dismissed by the learned Judge on the ground that no other person was appointed in the post, and as such it cannot be said that the claims of the petitioners were ignored. At the same time the learned Judge directed the petitioner to make a fresh representation to the respondents. The Government having received the representation of the petitioner, in its Memo SP. 3035/ce. II. 1/98-2 dated 17-12-1998 observed that if the case of the individual has to be considered for promotion, it requires relaxation of the selection procedure prescribed for such appointment in G. O. Ms. No. 12, dated 10-1-1992 including the relaxation of rule of reservation. Consequent order was communicated by the second respondent in his proceedings dated 8-1-1999. ( 5 ) NOW the petitioner filed this writ petition seeking appointment as a Junior lecturer in relaxation of the rules. In fact, my learned brother Justice J. Chelameswar, in WP MP No. 3137 of 1999 by order dated 23-4-1999 gave interim directions to consider the case of the petitioner for appointment as junior Lecturer in relaxation of the rules. Having received the order, the respondents filed vacate stay petition in WP MP No. 1945 of 1999 and the same was disposed of by this Court by order - dated 17-9-1999. In that order, I have categorically referred to g. O. Ms. No. 203 dated 18-6-1999 wherein a promotion channel was provided to the teaching as well as non-teaching staff working in private aided colleges, and gave a direction to the Government to apply its mind and take a decision and report the matter to this Court. It is useful to extract that portion of my order:"the petitioner deserves all the sympathy and encouragement that is needed in his case keeping in view 20 years of his long service as Sweeper. If such a person is encouraged by the Government, it will give an impetus to the common man to work hard to claim the ladder on his own than going round the corridors of power. Hence, the Government should apply its mind and take a decision and report the matter to this court. " ( 6 ) HAVING received this order the government again in its Memo No. 6096/ ce. II. Hence, the Government should apply its mind and take a decision and report the matter to this court. " ( 6 ) HAVING received this order the government again in its Memo No. 6096/ ce. II. 1/99-6 dated 23-11-1999 as communicated by the Commissioner and Director of collegiate Education dated 9-12-1999 rejected the case of the petitioner stating that G. O. Ms. No. 203 is applicable only to the Junior College, but not the degree colleges. ( 7 ) ADMITTEDLY, the institution where the petitioner is working is a composite college having both degree classes and intermediate classes and in fact before this impugned order is passed, the Commissioner and Director of Intermediate Education in his proceedings LDis. No. 1 195/jc5-3/99-I dated 18-6-1999 observed as hereunder:"he is informed further that S. V. K. P college is a composite college and grants and permission for filling up of vacancies for such colleges are being granted by the Commissioner of collegiate Education, AP. , Hyderabad. He is, therefore, requested to inform the incumbent to apply to the Commissioner of Collegiate Education, AP. , Hyderabad (through Correspondent/principal) for consideration of his request. He is also requested to indicate the vacancy position to the Commissioner of collegiate Education, A. P. , Hyderabad while forwarding the representation of the incumbent. " ( 8 ) FROM this it is seen that though the college is. a composite college and promotions are being given by the commissioner of Collegiate Education to fill up the vacancies even in junior colleges, the 2nd and 1st respondent shut their eyes to the provisions of G. O. Ms. No. 203 in rejecting the case of the petitioner. Even assuming for a moment that the statutory rules in G. O. Ms. No. 302 dated 30-12-1993 are not applicable to the staff working in private aided institutions, the procedure contemplated for appointment to the teaching post in private aided colleges, both degree and junior colleges, are governed by G. O. Ms. No. 12, dated 10-1-1992. While one has to possess 55% of marks in p. G. Degree for appointment in Degree colleges, 50% marks are sufficient for appointment as Junior Lecturer in Junior colleges. Thereafter, the Government having received representation from the Teachers association amended G. O. Ms. No. 12 by issuance of G. O. Ms. No. 203, dated 18-6-1999. No. 12, dated 10-1-1992. While one has to possess 55% of marks in p. G. Degree for appointment in Degree colleges, 50% marks are sufficient for appointment as Junior Lecturer in Junior colleges. Thereafter, the Government having received representation from the Teachers association amended G. O. Ms. No. 12 by issuance of G. O. Ms. No. 203, dated 18-6-1999. The relevant portion at Para 5 of the G. O. 203 is extracted herein:"5. The Government after detailed examination and careful consideration of the matter hereby direct that the school assistant/sgbt Assistants and nonteaching staff working under private school/junior Colleges under the Private management be considered for promotion as Junior Lecturers in the Junior Colleges of the same Private Management, if they are fully qualified and possesses 50% marks in Post-Graduate in the relevant subject, in the following order of priority, i. e. , to consider first School Assistants for promotion as Junior Lecturer and if no qualified and suitable candidate is there in School Assistant category than to consider the SGBT Assistant and if no such persons are available then promote non-teaching staff in Ministeral service. If no qualified person is available in any of the 3 categories viz. , school Assistant/sgbt Assistant nonteaching staff in Ministerial Service, the management is permitted to go for direct recruitment for filling the vacancies of junior Lecturers in the college. . . . . . . . . . . . " ( 9 ) FROM this it is seen, that the school Assistants/sgpt Assistant and non- teaching staff who possess 50% of the marks in Post Graduate degree in the relevant subject are permitted to be appointed by transfer in order of preference. In the first instance, if School Assistants are there with required qualifications, their cases will be considered and if no qualified and suitable candidate in the School Assistant category is not available then SGBT assistant gets claim over the post. If neither school Assistants nor SGBT Assistants are available then the case of the non- teaching staff in ministerial service has to be considered for appointment as Junior lecturer. If no qualified candidates are available in non-teaching staff also then the management is directed to go for direct recruitment. If neither school Assistants nor SGBT Assistants are available then the case of the non- teaching staff in ministerial service has to be considered for appointment as Junior lecturer. If no qualified candidates are available in non-teaching staff also then the management is directed to go for direct recruitment. Having provided a promotion channel up to Junior Assistant level for appointment to the post of Junior Lecturers, i do not find any rationale in not providing promotional avenues to the last grade employees as and when they improve their qualifications. It is not as if they are claiming the post without qualification as observed in my interim order. ( 10 ) HERE is a man who stated from scratch as Sweeper and passed MA. , degree in 1st class and if such people are not encouraged, we do not find how the equality before law and equal protection of laws as enshrined in the Article 14 of the constitution of India on which entire edifice of the Constitution is built up can be given effect to G. O. Ms. Nos. 12 and 203 being executive orders, they can always be amended or relaxed. This Court comes across umpteen number of orders issued by the Government day-in and day-out in relaxation of statutory rules leave apart executive orders. The petitioner filed G. O. Rt. No. 945, Education (CEI) Department dated 7-6-1994 wherein one P. Ganapathi rao who was working as Junior Assistant was promoted as Librarian by relaxation of the procedure contemplated in G. O. Ms. No. 12, Education dated 10-1-1992. If they refuse to exercise the powers of relaxation in such hard cases, I do not know in what type cases they will relax the rules. Further in G. O. Ms. No. 302 statutory rules governing the procedure for making appointments in government colleges, a provision is made for appointment of Lecturers by transfer from any other service. But, while extending similar benefits to the employees working in aided educational institutions in G. O. Ms. No. 203, the benefit of employment by transfer is limited up to Junior Assistant category. I do not find any rationale behind this order. On this ground also Article 14 is violated. But, while extending similar benefits to the employees working in aided educational institutions in G. O. Ms. No. 203, the benefit of employment by transfer is limited up to Junior Assistant category. I do not find any rationale behind this order. On this ground also Article 14 is violated. The officers of the Government having forgotten that the Government is government of laws, but not Government of men, cannot relax the rules as and when they wish and refuse to do even in deserving cases more so in the light of the orders passed by a competent Court, by raising all sorts of objections. ( 11 ) TO any mind non-providing of promotional avenues to the last grade employees under G. O. Ms. No. 203 is not intentional, but it is only accidental. It is not the case the Government that they considered the case of the last grade employees and rejected their case for providing promotional avenues as lecturers. Hence, I feel that G. O: Ms. No. 203 should be interpreted as providing opportunities to class-IV employees also as there cannot be any prohibition for extending such benefits in favour of a qualified candidate. In fact, such a benefit is very much available to the government servants under Rule 2 (14) of the A. P. Last Grade Service Rules. When such avenues are provided to last grade service in Government service, I do not understand the rational behind the stand taken by the Government in not considering the case of the petitioner under G. O. Ms. No. 203. If for any reason, if relaxation is required, the officers of the Government have shown hostile attitude to the petitioner as pointed out already having relaxed the rules of procedure in case of Ganapathi Rao. I do not know what prevented the Government in not relaxing the rule and appointing a person whose services are being used by the management as Lecturer as per the documentary proof filed in this Court without any complaint whatsoever. ( 12 ) FOR all these reasons, the order of the Government dated 23-11-1999 in Memo no. 6096/ce. II. 1/99-6 is set aside and a direction is given to the respondents to consider the case of the petitioner for appointment as Junior Lecturer in the 5th respondent College in the light of the observations made by this Court in this judgment. 6096/ce. II. 1/99-6 is set aside and a direction is given to the respondents to consider the case of the petitioner for appointment as Junior Lecturer in the 5th respondent College in the light of the observations made by this Court in this judgment. ( 13 ) ACCORDINGLY, the writ petition is allowed. The Government shall pass appropriate order within 4 weeks from the date of receipt of a copy of this order.