Judgment : 1. The petitioner is a postgraduate in Botany with a Ph.D. Degree in the same subject. Presently he is working as Assistant Professor in Botany on contract basis at the University Arts and Science College, Kakatiya University, Warangal. He is aggrieved by the action of the University in seeking to appoint Assistant Professors only from among the candidates qualified in Chemistry subject in pursuance of the Notification No.1/2012, dated 15-02-2012. He seeks a direction to the University to select him as Assistant Professor in the Botany subject. 2. The University issued Notification No.1/2012, dated 15-02-2012 inviting applications for Teacher Posts in the “Five Year Integrated M.Sc. (Chemistry) Course”. The posts notified are – Professor (1), Associate Professors (2) and Assistant Professors (6). The petitioner is one among the 167 applicants, out of which 143 applications related to Chemistry subject. He was an applicant for the posts of Assistant Professor and Associate Professor in Botany subject. 3. Interviews for Professors and Associate Professors were scheduled on 04-07-2013 and for Assistant Professors on 05-07-2013. Call Letters were issued only to the applicants who possessed the qualification of M.Sc. (Chemistry) since the notification was intended only for chemistry subject. Hence, other applicants, including the petitioner who had applied for other subjects, were not called for the interview. The petitioner has, therefore, filed this Writ Petition against the action of the University, restricting the recruitment to the Chemistry subject only. 4. Challenge to the notification is made substantially on the ground that it is vague and has deprived the applicants like the petitioner who are qualified for appointment for subjects other than Chemistry. 5. Sri G.Vidyasagar, learned Senior Counsel, would submit that as per the notification all those who are qualified for the notified posts are entitled to apply and be considered for appointment. In the notification, there is no indication that the posts are meant only for chemistry subject and no restriction is placed on candidates from other disciplines from applying. As per the notification, a person to qualify should have good academic record with at least 55% of marks at the Masters Degree level in the relevant subject and cleared the National Eligibility Test (NET) conducted by the UGC or other authority or possess Ph.D. degree. The petitioner satisfies the requirements. As per the notification, a person to qualify should have good academic record with at least 55% of marks at the Masters Degree level in the relevant subject and cleared the National Eligibility Test (NET) conducted by the UGC or other authority or possess Ph.D. degree. The petitioner satisfies the requirements. Therefore, an obligation is cast on the University to consider his case and appoint him to the post, if he is found eligible. The petitioner satisfies the requirements for the post of Professor also. The rejection of the petitioner’s application on the ground that the selection process is confined to only Chemistry subject is unsustainable. 6. The learned Senior Counsel would further submit that the action of the University is not authorized by the executive council, therefore, the impugned notification is not sustainable. 7. Sri Deepak Bhattacharjee, learned standing counsel for the Kakatiya University and Sri C.V.Mohan Reddy, learned Senior Counsel appearing for Respondent Nos.2 and 3, would contend that the notification does not suffer from any vagueness or other infirmity. The appointments were intended to be made only in the Chemistry subject, since the teaching faculty is meant for 5 year integrated M.Sc. course in Chemistry. The notification was issued after the posts were sanctioned by the Government of Andhra Pradesh in the ratio of 1 : 2 : 6 among Professor, Associate Professors and Assistant Professors. M.Sc. 5-year integrated Chemistry Course has the intake of 70 students in the first year and after completion of the second year, the programme will have two streams – (1) integrated Chemistry and (2) integrated Biotechnology with 35 students each. These two sections will be run by two Departments viz., Chemistry Department and Biotechnology Departments. In view of the requirement, the Government of Andhra Pradesh sanctioned 9 posts – 1 : 2 : 6 for Professor, Associate Professors and Assistant Professors, respectively. The said posts were also fitted into the roaster points and accordingly the notification was issued. The petitioner does not suffer any prejudice as no other candidate other than the one qualified in the Chemistry subject was called for the interview. 8. I have considered the aforesaid contentions and perused the material. 9. Before considering the contention whether the notification is vague, it is necessary to trace the background of the notification. The University was permitted to start 5-year integrated course (Chemistry) from the academic year 2006-2007. 8. I have considered the aforesaid contentions and perused the material. 9. Before considering the contention whether the notification is vague, it is necessary to trace the background of the notification. The University was permitted to start 5-year integrated course (Chemistry) from the academic year 2006-2007. The Executive Council, taking into consideration the fact that there was part time teaching arrangement and the same would not strengthen the course, resolved in its 81st meeting held on 17-03-2009 to approve permanent teaching positions viz., 1 Professor, 2 Readers and 6 Lecturers and sought the approval of the same from the A.P. State Council for Higher Education and the State Government. The State Government sanctioned the said posts and issued orders in G.O.Ms.No.242, Finance (SMPC) Department, dated 03-07-2010. A committee was thereupon constituted headed by Professor T.Bhaskar Rao to fix the roaster points to fill up the posts. The committee in its meeting held on 13-07-2010 resolved that there is no reservation for Professor’s post. It also resolved that reservations are to be provided to the posts of Associate Professors and Assistant Professors and to fix the roaster points. Roster points for the posts of Associate and Assistant Professors were identified for Chemistry subjects. The Executive Council in its 89th meeting held on 17-07-2010 considered the fixation of roaster points and referred the same to the Commissioners – Social Welfare Department, Tribal Welfare Department, Backward Classes Department for verification and approval. Accordingly, the recommendations of the committee were forwarded to the said Authorities and obtained the confirmation. Thus, only after the aforesaid exercise had been made, applications were invited under the impugned notification. In these circumstances, it is reasonable to hold that the impugned notification relates to only Chemistry subject but not to other subjects and the same was issued as authorized by the Executive Council. No other conclusion is possible since the intention of the University is manifest at least from the fixation of roaster points, which specifically related to Chemistry subject only and the approval thereto accorded by the concerned Government Departments as per the resolution of the Executive Committee, dated 17-07-2010. 10. As pointed out by the learned counsel for the petitioner, the impugned notification does not specifically indicate that the posts were meant to be filled up in Chemistry subject only. There is some vagueness as there is reference only to the “Chemistry course”. 10. As pointed out by the learned counsel for the petitioner, the impugned notification does not specifically indicate that the posts were meant to be filled up in Chemistry subject only. There is some vagueness as there is reference only to the “Chemistry course”. Nonetheless, the question is whether the notification is liable to be set aside at the instance of the petitioner. 11. It is a well settled proposition that remedy under Article 226 of the Constitution is a discretionary remedy and unless prejudice is caused, it is not desirable to exercise the jurisdiction. 12. Admittedly, the petitioner is not qualified for the post in Chemistry subject. He is qualified only in the Botany subject. He is employed on contractual basis in the Botany Department. None of the posts in the Botany Department is filled up on regular basis and no applicant other than those qualified in Chemistry subject were called for the interview. Under the circumstances, it is not possible to hold that prejudice is caused to the petitioner. 13. The objection of the petitioner with regard to vagueness of the notification even otherwise is too technical to be countenanced. No useful purpose would be served in setting aside the notification on the ground of vagueness, since it will still be within the domain of the University to issue a fresh notification by removing the so called vagueness and call for the applications only for Chemistry subject. The petitioner would not in any way be suitable. 14. For the reasons as above, the Writ Petition is devoid of merits and is accordingly dismissed. No costs. 15. Consequently, W.P.M.P. Nos.21920 and 21921 of 2013 and W.V.M.P. No.2485 of 2013 and W.V.M.P. (SR) No.126503 of 2013 stand closed.