THIMMAIAH Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) The petitioner, who is a Second Division Clerk in the University of Mysore, complains that he had been unlawfully denied promotion to the position of First Division Clerk which, accordingly to him, should have been extended to him in normal course in the month of April 1966.

(2.) According to the counter-affidavit filed on behalf of the University, there were only four persons eligible for promotion at that time-three by having passed the required departmental test and one by having completed 45 years of age. These four persons where seniors to the petitioner.

(3.) There were three vacancies. If these three vacancies were filled by promotion of the persons mentioned above, lawfully and without contravening any of the rules of the University, the petitioner could have no grievance. Mr. Rama Jois states that the petitioner is in a position to demonstrate that at least two promotions are illegal,-those of respondent 3 K. S. Narayana Rao and of respondent 4 L. Aswathanarayana Setty. His reasons therefor are the following: According to the rules made by the Chancellor under S.26(l) of the Mysore University Act , the cadre of First Division Clerks is to be filled by promotion to the extent of 66 2/3 per cent of persons who have passed the University Departmental test-Advanced Grade, and the Cadre of Second Division Clerks is to be filled to the extent of 662|3 per cent by direct recruitment and 33 1|3 per cent by promotion from the cadre of Attenders Muchis, etc. The result" is that for promotion into the cadre of First Division Clerks, passing of the departmental test is essential, and for entry into Second Divisional Clerks typing is not a qualification. The 3rd respondent Narayana Rao, mentioned above, was born in December 1920 and is said to have been exempted from taking the departmental test by a resolution of the Syndicate of the University. Aswathanarayana Setty, 4th respondent, was originally recruited as a Typist but transferred to the cadre of Second Division Clerks by virtue of a resolution of the Syndicate.