SATHYANARAYANA GOWDA V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these petitions seek to assail State Administrative Tribunal's orders whereby subject Applications having been negatived, relief is denied to the petitioners in the matter of granting promotion under Carrier Advancement Scheme promulgated by extant UGC Regulations.

(2.) Learned counsel appearing for the petitioners would submit that, under the provisions of UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, there is no provision for conducting interview and thereby ascertaining performance appraisal of the candidates, for the purpose of granting CAS benefits; the very head of the institution has submitted the papers recommending the case of petitioners for the grant of such benefit, which does not depend upon availability of post or vacancy; the very approach of the answering respondents being legally & factually flawsome, the Tribunal grossly erred in denying relief to the petitioners.

(3.) Learned AGA appearing for the official respondents vehemently opposes the petitions making submission in justification of Tribunal's orders and the reasons on which they have been constructed. He submits that there is no prohibition for conducting interview of the kind for the performance appraisal; even otherwise, Petitioners have not satisfied the required conditions for being entitled to the grant of CAS Promotion, which is discretionary. Lastly he contended that the Tribunal having considered all aspects of the matter in the right perspective, has denied relief to the Petitioners and therefore interference of this court is not warranted.