LAWS(KAR)-2022-7-1327

DYAVAPPA Vs. BANGALORE UNIVERSITY

Decided On July 20, 2022
DYAVAPPA Appellant
V/S
BANGALORE UNIVERSITY Respondents

JUDGEMENT

(1.) The petitioner has sought for issuance of writ in the nature of mandamus directing respondent nos.1 and 2 to consider the representation at Annexure-'J' and 'J1' and direct respondent nos.1 and 2 to issue an order of appointment to the post of Assistant Professor, Department of Architecture in Bangalore University as regards the vacant post under the category ST (Women).

(2.) It is submitted that the respondent University had invited applications for recruitment as per the Notification at Annexure-'C' dtd. 21/3/2018. Insofar as the specific post which is the subject matter of the present writ petition ie., Assistant Professor, Department of Architecture, the appropriate reservation as indicated in the notification was two posts for Scheduled Tribe (Other Candidate) and (Women) [ST (O) & (W) for brevity]. It is submitted that insofar as recruitment to the Open category is concerned, recruitment was completed however, the recruitment for the category of ST (W) could not be concluded as no candidates has applied for the post earmarked for the particular category. It is further submitted that in the event recruitment could not be concluded, respondent-authority ought to have taken note of the Government Order at Annexure- 'H' which provides at Clause (7) that in the event as regards to the post, eligible women are not available, such reserved post could be filled up by eligible male candidates of the same category.

(3.) It is submitted that the petitioner came to know regarding non-submission of application with respect to the post of Assistant Professor (Women) under the category of ST by virtue of the communication of the Bangalore University at Annexure-'G' on 8/1/2021 and soon thereafter petitioner has made a representation on 9/1/2021 as per Annexure-'J'.