N VENKATASWAMY REDDY Vs. BANGALORE UNIVERSITY JNANABHARATHI BANGALORE

JUDGEMENT

(1.) THE petitioner working as a Professor and Dean of Faculty of Arts in bangalore University. The Vice-Chancellor by order at Annexure-B, dated 28-6-2004 nominated the petitioner to syndicate. The terms of nomination makes it explicit that the term is for one year w. e. f. 1-7-2004 or till the reconsideration of syndicate as envisaged under Section 38 (1), whichever is earlier.

(2.) THE term of syndicate to which the petitioner is nominated expired and reconstituted w. e. f. 6-11-2004. It is the contention of the petitioner that even in the reconstituted syndicate, he is entitled to hold the office as a nominated member until the expiry of one year as per Annexure-B. The relevant provisions of Sections 28, 38 and 39 are extracted hereunder for convenient reference.-

(3.) THE learned Counsel for the petitioner argued that the provisions of Section 38 makes it explicit that the term of the office of the members mentioned in Section 38 is co-terminus with the term of the syndicate. The provision of Section 38 has no overriding effect to curtail the term of the nominated member under Section 28 (l) (d ). It is argued that the provisions of Section 38 begin with the words "save as otherwise provided", which means that any of the provisions of the Act inconsistent with the provisions of Section 38 would prevail and harmoniously the provisions have to be construed. It is submitted that as a privilege, the teaching faculty will have the opportunity of serving the syndicate only for a period of one year term and only once in their career, on rotation basis. When once the Vice-Chancellor nominates the member of a teaching faculty, he would remain a member of syndicate for only one year w. e. f, the date of nomination. Notwithstanding, the expiry of the term of syndicate as envisaged under Section 38 and he would continue as a member in the reconstituted syndicate. In this regard relied on the ruling of the Supreme Court in the case of State of rajasthan and Others v Shri Noor Mohammad, AIR 1973 SC 2729 : (1972)2 SCC 454 at page 459 in para 8, the following observations are made.-