GIRIDHAR KAMALAPURKAR Vs. VENUGOPAL RAM RAO

JUDGEMENT

(1.) THE controversies, contentions and claims raised in these writ appeals and connected writ petitions/appeals centres around three service cadres of Sri jayadeva institute of cardiology (in short the 'institute' ). These cadres are of (i) assistant surgeons, (ii) lecturers, and (iii) assistant professors. The first two cadres are said to be carrying the same pay-scale but the first consists of non-teaching posts whereas the second consists of teaching posts. The third cadre of assistant professor consists of teaching posts. It is immediately higher to the cadre of lecturers. Till the amendment of the c and r, rules by the resolution dated 21-3-1994 passed by the governing council of the institute, the post'of assistant professor was to be filled by "selection by promotion" from amongst the lecturers. Such a promotional avenue was not available to assistant surgeons.

(2.) IT was because of the above reasons, that various manoeuvrings were adopted by some of the assistant surgeons in order to have a March over others to secure promotional benefits by first entering into the cadre of lecturers and then to manage promotions to the cadre of assistant professor. Every such step taken in this direction is the subject-matter of one or the other writ petition or writ appeal placed before us for adjudication. 'the institute'

(3.) THE institute is a society registered under the Provisions of the Karnataka societies Registration Act, 1960 (in short the 'act' ). It is not in dispute that it is an instrumentality of the state government, as such, is a 'state' within the meaning of article 12 of the constitution of india. Therefore, its actions are amenable to judicial review on the touchstone of fairness, reasonableness and Provisions contained in the memorandum of association, the rules and regulations, bye-laws and c and r rules framed by it for governance of its objects, functions and administration.