S.D.M. EDUCATION SOCIETY, REP. BY ITS SECRETARY SRI S. PRABHAKAR Vs. D. GANAPATHI BHAT S/O DR. K. SHANKAR BHAT, THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF EDUCATION, THE DIRECTOR OF COLLEGIATE EDUCATION AND SRI V.T. KULKARNI PRIN

JUDGEMENT

(1.) THE Petitioner -management is before this Court assailing the order dated 30.07.2005 passed by the Educational Appellate Tribunal, Mangalore (for short 'the EAT) in EAT No. 5/95. By the said order, the EAT has declared that the Petitioner -management was not justified in treating the fourth Respondent herein as Professor and the approval granted has been held to be bad. The EAT has thereafter directed Respondents No. 1 to 3 before it to consider the case of the Appellant before it (Petitioner herein) for promotion to the post of Professor and thereafter to re -fix his salary and pension, if he was found entitled to the post.

(2.) HEARD the learned Counsel for the parties and perused the petition papers.

(3.) IN furtherance of the said contention, the learned Counsel for the Petitioner referred to the objection statement filed before the EAT and has also taken me through the order passed by the EAT. The learned Counsel for the first Respondent however contended that none of the said contentions are sustainable, inasmuch as the EAT has adverted to these aspects of the matter and has thereafter come to its conclusion by assigning cogent reasons. Therefore, the order passed by the EAT, based on the oral as well as the documentary evidence can be interfered by this Court, only if it is found to be so perverse and not as a natural course.