STATE OF KARNATAKA Vs. R HALESHA

JUDGEMENT

(1.) This Appeal has been preferred by the State of Karnataka against the order of learned Single Judge who has issued a prerogative writ directing that the age of retirement of all Professors/Teachers in all Colleges in the State of Karnataka regardless of whether they are serving in Central Universities or Educational Institutions directly funding by the Central Government/University Grants Commission should be increased to 65 years.

(2.) A piquant situation has arisen because two conflicting judgments has been passed by two co-ordinate Single Benches of this Court. The earlier decision emanates from the Circuit Bench at Gulbarga, rejecting the prayer for passing appropriate directions to the State and its Universities and Colleges increasing the age of retirement/ superannuation of Professors and Teachers up to the date on which they attain the age of 65 years. The impugned Order which arrives at a diametrically and incompatibly opposite conclusion, has been passed by the learned Single Judge of the Principal Bench at Bangalore.

(3.) As is to be expected, the learned Additional Advocate General appearing for the Appellants, has contended that the later judgment is per incuriam and calls to be set aside merely on this short ground. Per contra learned Senior Counsel for the respondents before us have submitted that the proceedings were initiated earliest in point of time in the Principal Bench where arguments were heard in detail, protracted over several days, and hence it is the Circuit Bench that ought to have abjured to hear the writ petitions which came to be subsequently filed also in Gulbarga. If binding precedents even of co-ordinate strength are not followed, the roots of uncertainty of the law are bound to be nurtured, strengthened and proliferated. Although spoken in a totally different context, we are reminded of the opening stanza of the poem 'The Second Coming' authored by William Butler Yeats. The lines obviously do not advert to the principle of stare decisis but they are apposite in bringing out the wisdom of this ancient and venerable principle. Turning and turning in the widening gyre The falcon cannot hear the falconer; Things fail apart; the centre cannot hold; Mere anarchy is loosed upon the world.