SADASHIVA S/O. SIDARAMA KEMBHAVI Vs. PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT M.S. BUILDING, BANGALORE 1, DIRECTOR, TECHNICAL EDUCATION PALACE ROAD, BANGALORE AND PRINCIPAL BASAVESHWARA ENGINEERING COLLEGE BAGALKOT

JUDGEMENT

(1.) PETITIONER has sought for quashing the order at annexure F dated 23/25.11.2010 and for a mandamus to the respondent to consider his case for promotion to the post of Assistant Professor in Civil Engineering section under the backlog promotion. System. A perusal of annexure F reveals, petitioner has completed five years service as on 18.8.2008 as a Lecturer in the backlog vacancy and his initial appointment was on 19.2.2003. It is stated, though petitioner is eligible for promotion as Assistant Professor, that vacancy falls within the quota of selection i.e., 50% by promotion and 50% by direct recruitment. However, as per the government order dated 6.9.2008, so far as grant in aid engineering colleges are concerned, the post of Assistant Professor has to be filled up by direct recruitment as per the Cadre and Recruitment Rules. On the ground, as per the Cadre and Recruitment Rules, invariably the post should be filled up by direct recruitment and not by promotion, petitioner's case has not been considered, reserving the post to be filled up by direct recruitment.

(2.) HEARD the counsel representing the parties

(3.) AS could be seen, the post is reserved for SC/ST candidates and by direct recruitment. In WP 66317/2009 filed by the petitioner, in view of the submission made by the counsel for the respondents that the post is reserved for SC/ST candidates and by direct recruitment, this Court had directed compliance. However, once again, this writ petition is filed by the petitioner.