P.T. RAMASAPALYA AND OTHERS Vs. KARNATAKA REGIONAL ENGINEERING COLLEGE SOCIETY, SURATKAL, MANGALORE AND OTHERS

JUDGEMENT

(1.) The appellants herein had filed the writ petitions inter alia questioning the wisdom of the first respondent-Karnataka Regional Engineering College Society of not raising the superannuation age of the non-teaching staff to 60 years as was done in the case of teaching staff on the ground of violation of the right of equality as envisaged under Articles 14 and 16 of the Constitution of India. Since the said relief was refused by the learned Single Judge therefore these intra-Court appeals have been preferred.

(2.) The first respondent is a Society registered under the Karnataka Societies Registration Act, 1960. It has established the Karnataka Regional Engineering College (second respondent). The appellants herein are working as non-teaching staff in the said college. It is not disputed that the cadre of the teaching and non-teaching staff of the college are distinct and separate.

(3.) The Karnataka Regional Engineering College, Surathkal Recruitment and Service Rules ("the Rules" in short), framed by the respondent-Society, is applicable to administrative, technical, ministerial and Class IV staff of the College. Rule 3 of the Rules specifically states that the Board of Governors of the Society reserves to itself the right of modifying the rules from time to time. It is a matter of record that the Board of the Governors by its resolution dated 9-4-1973 (Annexure-A) had amended Rule 7(iii) by raising the age of superannuation from 58 years to 60 years in respect of Principal, Professors, Assistant Professors, Workshop Superintendent and Lecturers/Assistant Lecturers who fell in the category of academic staff.