BANGALORE UNIVERSITY Vs. Y R SATYANARAYANA RAO

JUDGEMENT

(1.) The Bangalore University and the Principal of the University of Visveswaraiah College of Engineering are the appellants. The appeals are directed against the order of the learned single Judge allowing Writ Petitions Nos. 10731 of 1978 and 8215 of 1979.

(2.) The matter arises in this way: The College of Engineering at Bangalore maintained by the then University of Mysore was one of the reputed undergraduate colleges. Upon the constitution of the Bangalore University under the Bangalore University Act, 1964 (Mysore Act No.26 of 1964), that college stood transferred to the Bangalore University under Section 68 of the said Act and has been since renamed as "University of Visvesvaraiah College of Engineering". On may 10,1966, the Government approved the introduction of Post-Graduate courses in Civil and Mechanical Engineering at the said college. For the purpose of governing the several Universities in the state, the State has enacted a common Act called "The Kamataka State Universities Act, 1976 (Kamataka Act No. 28 of 1976)" (shortly the "Act"). Section 49 of the 'Act' provides for appointments of Professors, Librarian, Readers and Lecturers in the Universities. Such appointments are required to be made by selection by the Board of Appointment constituted for the purpose. That is direct recruitment. Section 49(9) of the 'Act', however, provides for promotion to the posts of Professors and Readers in Under-Graduate Colleges of the Universities. The Bangalore University issued a notification dated July 2,1980, inviting applications for appointment to various posts in the University inclusive of the posts of Professor and readers in the Department of Mechanical Engineering at the Visvesvaraiah College of Engineering. The teaching staff in the said College who are eligible for promotion as Professors moved this court with the writ petition challenging the method of recruitment provided in the said notification. They contended that the direct recruitment to the posts of Professors and Readers would be contrary to Section 49(9) of the 'Act' since the college continues to be an Under-Graduate College. Learned single Judge allowed the writ petitions. He held that the college after the introduction of Post-Graduate courses became a composite College. There shall be classification of posts for Post-Graduate and Under- Graduate courses. The appointment to posts of Readers and Professors in the College, except in the Post-Graduate department, shall be by promotion in accordance with Section 49(9) of the 'Act'. The recruitment to the posts in the Post-Graduate department shall be only by direct recruitment. With these conclusions, the learned Judge issued some directions to the University. The correctness of the view taken and the validity of the direction issued by the learned Judge have been assailed in these writ appeals.

(3.) The short question that arises for consideration is whether Visveswaraiah College of Engineering, which was once admittedly the Under-Graduate College, has ceased to be so upon introduction of Post-Graduate courses in two disciplines by the Government Order dated May 10, 1966?. If the college has ceased to be Under-Graduate College, then there is no dispute that Section 49(9) has no application to regulate the recruitment to the posts of Professors and Readers in that College. If, on the other hand, the said Under-Graduate College with all the staff continues to remain as such notwithstanding the establishment of Post- Graduate courses, the operation of Section 49(9) cannot be excluded.