SHANKAR RAO Vs. CHANCELLOR KARNATAKA UNIVERSITY

JUDGEMENT

(1.) Shankar Rao Maharudrappa Kappikeri of Dharwad has filed this Petition under Article 226 of the Constitution of India for a Writ of Mandamus and/or other appropriate orders or directions. Itis directed against the Chancellor, Vice-Chancellor and the Registrar of the Karnataka University, Dharwad who are respondents 1 to 3 respectively herein.

(2.) When this Petition came up for hearing before the Learned Single Judge, Chandrakantharaj Urs, J., he referred the same for decision to a Division Bench, since in his view certain important questions of law arise for consideration.

(3.) The petitioner was appointed as a Lecturer in Hindi in the Post-graduate Department at the Karnataka University, Dharwad, on 25-8-1971. A few posts of Readers and Lecturers in the University fell vacant during the years 1977 and 1979, On 25 4-1977 a notification was issued notifying the vacancy of one post of Professor in Hindi in the Post-graduate Department at Dharwad and one post of Reader also in Hindi in the Post-graduate Department at Gulbarga Centre. No further steps were taken on this notification. A second notification was issued on 9-3-1979 /4-4-1979 notifying vacancies of two posts of Readers in the Post-gradate Department of Hindi at Dharwad. By this time the petitioners had been transferred by the University as a Lecturer in the Post-graduate Department of Hindi at its Gulbarga Centre. He had applied not merely to the post of Professor in Hindi but also to one of the posts of Readers. A Board of Appointment was constituted to make selections for the posts notified in the aforesaid two notifications. It selected the petitioner to the post of Reader in Hindi at the Post-graduate Centre at Gulbarga. However, the Chancellor did not appoint him as Reader on the ground that the petitioner did not have the requisite qualifications for the post.