SUNIL KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by order dtd. 25/6/2019 passed in Writ Petition No.105811 of 2015 by the learned Single Judge, dismissing the writ petition, the appellant/petitioner has presented this intra-Court appeal.

(2.) The petitioner sought for the following relief's in the writ petition:

(3.) It is the case of the petitioner that he was initially appointed as Tutor on ad-hoc/contract basis in the third respondent-Institution for a period from 2/11/2006 to 29/6/2007 and thereafter, he was appointed as Assistant Professor on ad-hoc/contract basis from 1/7/2007 to 17/8/2008. It is further stated in the writ petition that the he was appointed as Assistant Professor in pursuance of the Notification dtd. 18/8/2008 by the respondent-Institution through regular recruitment process. He became eligible for promotion to the next higher post of Associate Professor on completion of four years from 18/8/2008. The eligibility criteria for promotion to the post of Associate Professor is that, one should have four years teaching experience as Assistant Professor along with submission of two research publications in indexed/national journals. Accordingly, the petitioner made representation dtd. 7/7/2011 requesting the respondent-Institution to promote him to the post of Associate Professor as he had attained requisite eligibility criteria. It is further stated by the petitioner that there was a clear vacancy in the third respondent-Institution as there were two sanctioned posts of Associate Professor and one post remained vacant as on the date he became eligible for promotion to the said post. He further contended that though Departmental Promotion Committee (for short hereinafter referred to as 'DPC') met on several occasions for effecting promotion from the cadre of Assistant Professor to the cadre of Associate Professor, the DPC did not take any decision for promotion to the post of Associate Professor. His above representation was also not considered and therefore, the petitioner filed writ petition No.105811 of 2015 before this Court seeking aforementioned reliefs.