W.BALAKRISHNA Vs. VIJAYANAGAR KRISHNADEVARAYA UNIVERSITY

JUDGEMENT

(1.) Aggrieved by the order passed in WP.No.108900/2014 dated 05.11.2014, the petitioner therein has preferred this appeal.

(2.) Brief facts of the case are that; The appellant was promoted from the post of Office Superintendent to the post of Assistant Registrar in respondent No.2- University by its order dated 29/30.03.2012 which was recalled by its order dated 30.08.2013 (should be read as 30.08.2014).

(3.) Aggrieved by the said order of recall, the appellant preferred writ petition No.108900/2014. In the said proceedings, it was contended by respondent No.2-University that a person can be recruited to the post of Assistant Registrar by way of promotion or by way of direct appointment. However, he has to be a graduate without which he cannot be so promoted. In the instant case, the appellant is not a graduate and hence even though he has necessary experience, he cannot be so promoted. He was promoted erroneously and hence order has been recalled. Agreeing with the contention of respondent No.2-University, the writ petition filed by the appellant herein has been dismissed by the learned Single Judge. Aggrieved by the same, the appellant has preferred this intra-Court appeal.