BANGALORE UNIVERSITY Vs. V RAMACHANDRAN

JUDGEMENT

(1.) These appeals are by (the appellants who were) the respondents and are directed against the order dated 13-9-1984 of Chandrakantaraj Urs, J. : allowing Writ Petition No. 21889 of 1980 filed by respondents 1 to 4 herein who were the petitioners therein. Writ Appeal No. 2073 of 1984 is filed by one Dr. K. Ranga, who was respondent-2 and Writ Appeal No. 2075 of 1984 is filed by the Bangalore University wbich was respondent-1 in said Writ Petition. In the course of our order we will refer to the parties to their array in the original writ petition.

(2.) The Bangalore University by its Notification Annexure-B dated 30-4-1977 invited applications from qualified candidates for appointment to posts in the various Departments of the University including a Post of Professor of Civil Engineering in the Department of Civil Engineering. Dr. B. M. Rajashekara - the third petitioner, Dr. Siddappa-the fourth petitioner, Dr. Ranga-the 2nd respondent and several others applied for the said post. Professor V. Rama- chandran, the first petitioner and Professor B.L.C. Rajan the second petitioner were not the applicants, to the said post. The Chancellor of the Bangalore University accepting the recommendations of the Board of Appointment-appointed the second respondent as Professor in the Department of Civil Engineering in Scale 1500-60-1800-100-2000-125/2-2500 by his order No. EST VCE APT. 980 dated 8-2-1980 Annexure-A. The second respondent reported himself for duty pursuant to the said order on 8-2-1980. The petitioners filed this writ petition on 26-11-1980 praying for quashing "the selection and appointment of the second respondent".

(3.) The petitioners' case is that they have the prescribed qualifications for being promoted as Professors, the second respondent though junior to them is promoted as a Professor in the University Visweswaraiah College of Engineering- an Undergraduate College - ignoring their seniority, the appointment to the post of Professor is required to be made by promotion on the basis of Senioritycum-Merit under Section 49(9) of the Karnataka State Universities Act, 1976 (hereinafter referred to as 'the Act'), and the appointment of the second respondent not being in accordance with Section 49(9) of the Act, is bad in law. In support of their case they relied on a decision of this Court made on 7-10-1980 in Writ Petition Nos. 10731 of 1978 and 8215 of 1979 in y. R. Satyanarayana Rao and another v The Bangalore University and another. This decision was challenged in Writ Appeal Nos 171 and 172 of 1981 and these appeals were disposed of on 6-7-1984 affirming the decision of the learned Single Judge with some modifications.