M A SHAKUNTALA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) The matter has come up for further orders today. With consent of parties, learned counsel appearing on their behalf have been heard at length and the matter is being disposed of finally with their consent.

(2.) The petitioner has prayed for quashing of the Notification (Annexure-G) dated 26-7-1989 and also the Endorsement dated 1-9-1989 (Annexurc-H) in so far as it pertains to the denial of promotion to the petitioner to the post of Professor of Physical Education, and the proposal of the university to fill up the said post by direct recruitment.

(3.) The facts of the case are not in dispute. The petitioner is a senior teacher and is presently Reader and Principal of the Government College of Physical Education. According to the petitioner, the post of Professor in the University College of Physical Education must be filled up by promotion, but the University is seeking to fill up the post by direct recruitment. Annexure-G is the Notification whereby applications have been invited for filling up that post. The petitioner represented to the university to consider her candidature for the post of Professor in the University College of Physical Education and claimed that appointment on the basis of promotion, she being a senior teacher and Reader in the Government College of Physical Education. The University by its endorsement Annexure-H has turned down that request and has informed the petitioner that there is no statute providing for promotion to the posts of Professors under Section 49-A of the Karnataka State Universities Act (hereinafter referred to as "the Act"). It is also stated therein that since the petitioner was working as a supernumerary Reader, she was not eligible for promotion as Professor.