MC RADHAKRISHNA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) Petitioner is questioning the Notifications issued by the 1st Respondent-University vide Annexure-'C' dated 27.5.2009, Annexure-'C-1' dated 24.7.2009, Annexure-'C-2' dated 22.9.2009 and the seniority list vide Annexure-'D' dated 22.9.2008, by filing this writ petition.

(2.) By virtue of Annexure-'D', the Petitioner is placed below Respondents, 2, 3, 4 and 5 in the seniority list. By virtue of Annexure-'C' the 2nd Respondent is appointed as Dean of Science faculty. He is appointed as the member of Academic Council as per Annexure-'C-1'. The 2nd Respondent is also appointed as the member of the Syndicate as per Annexure-'C-2'. Annexures-'C', 'C-1' and 'C-2' are issued by the 1st Respondent University based on the seniority of 2nd Respondent as found in the seniority list vide Annexure-'D'. The Petitioner is aggrieved by the seniority list vide Annexure-'C' and consequently, he is aggrieved by Annexure-'C-1' and 'C-2'.

(3.) The Petitioner was appointed as Lecturer in Physics on 10.8.1981. He was promoted to the post of Lecturer in Physics under Career Advancement Scheme (CAS) on 21.1.1991. Again he was promoted as a Lecturer under Merit Promotion Scheme (MPS) on 1.3.1994. On 31.5.1995, he applied for the post of Professor and on being selected in direct recruitment, he was appointed as a Professor. The University published the seniority list of Professors as on 1.6.2003 as per Annexure-'A'. In the said seniority list, the Petitioner is at Sl. No. 13, and whereas, the Respondents 2 to 5 are shown at Sl. Nos. 35, 37, 21 and 33 respectively. However, a provisional seniority list is issued subsequently on 20th of November 2006, by which the seniority was sought to be altered. Objections were filed by the Petitioner. Ultimately, final seniority list was published as per Annexure-'D' dated 22nd September 2008. In the said final seniority list, the Respondent Nos. 2, 3, 4 and 5 are placed at Sl. Nos. 6, 7, 8 and 9 respectively, and whereas, the Petitioner is placed at Sl. No. 12. As Respondent No. 2 herein is senior among the private Respondents herein, he is appointed as Dean of Science faculty and consequently, as Syndicate member and member of Academic Council of the University.