A RAMACHANDRA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) The short question that falls for decision in this petition under Art.226 is, whether the Syndicate could retrospectively recognise a Professor, Reader or Lecturer of a constituent college under S 28 of the Bangalore University Act, 1964.

(2.) For immediate reference, sub-secs(4) and (5) of S.28 of the San- galore University Act are set out below :

(3.) The facts leading up to the petition are these: The Petitioner and Respondent 2 are lecturers in SLN College of Arts and Commerce It - is an affiliated College of the Bangalore University. On 19-7-1968, Respondent 2 was appointed as lecturer by the Governing Body of the College. On 24-7-1968, the petitioner was appointed as lecturer. Sec 28(4) of the Bangalore University Act provides for constitution of the Board for the purpose of recognising teachers of Constituent Colleges. The rrecognition is a necessary requirement to enable the teacher to teach in the College. The Board so constituted interviewed the petitioner and on its recommendation, the Syndicate of the University recognised him as a lecturer. Respondent 2 . did not, however, get an immediate like opportunity for being considered for recognition In July 1971, he was interviewed by the Board which recommended his case to the Syndicate. The Syndicate by its resolution dt.4/5-10-1973 has recognised him as Lecturer in Commerce from the date of his appointment, i.e., from 19-7-1968. The petitioner apprehends that consequent on the retrospective recognition, respondent 2 would become senior to him, and therefore, has approached this Court for a declaration that the Syndicate has no power to accord retrospective recognition to the teacher of any constituent college.