V KAMALAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are by the State of Karnataka and a few individuals who were promoted as Readers or Professors by viitue of their having passed the relevant service examinations (they are referred as Promotee-respondents, as referred by the learned single Judge).

(2.) The facts of the case, in brief, are thus : The petitioners, except the petitioner in WP. No. 11371/81 (re. W.A. 2204/85) are all Lecturers in different subjects in the Collegiate Education Department of the State Government. According to the Recruitment Rules of the Collegiate Education Department the next promotional post for Lecturers is that of a Reader in the concerned subject. The post of Reader is also a teaching post but of a higher and gazetted cadre. The Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 ('the Rules' for short) were promulgated by the Governor under proviso to Article 309 of the Constitution on 10-1-1974. Rule 4 of the said Rules provided that no person shall be eligible for promotion after the expiry of two years from the date commencement of the Rules for being promoted to the next higher cadre unless he or she had passed service examinations as defined in the Rules prescribed for such higher post. By" a subsequent amendment, the period of exemption was extended by an year As a result, the passing of service examinations prescribed under the said Rules became obligatory for promotion on or after the expiry of the period of exemption. Entry 47 in Schedule II to the Rules pertains to the Department of Collegiate Education. The relevant portion of the entry read as follows : <IMG>JUDGEMENT_237_KANTLJ1_1988Image1.jpg</IMG>

(3.) The Rules were amended by the Karnataka Civil Services (Service and Kannada Language Examination (5th Amendment) Rules, 1977. Rules 3(2)(b) of the Rules, reads : -