G K SOWBHAGYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ASSISTANT teachers who impart knowledge to the students in schools maintained and established by Karnataka university, dharwad, are before this court in a joint petition filed under article 226 of the constitution, questioning the legality or otherwise of the amendment made, amending statute No. 7 in chapter vi of the university statutes and notified by the chancellor of the university in exercise of the powers conferred on him by the Karnataka state universities Act, 1976 (the 'act' for short) as unconstitutional and void. Further, they are questioning the action of the university, retiring them on attaining the age of 58 years.

(2.) SINCE common facts are there and the question of law being the same in all these petitions, they are clubbed, heard and disposed of by this common order.

(3.) THE representative matrix of facts which are admittedly similar, if not identical may be noticed briefly in present case. the petitioner began her career as assistant teacher in university public school managed and maintained by Karnataka university with effect from 24-9-1966. She was confirmed in the post she was holding on 24-9-1968. As a teacher, she imparts knowledge and educates students in the school. When she joined service, her service conditions were governed by Provisions under Karnataka university established under the act of 1949, by Bombay legislature. Under the said enactment, the age of retirement of teachers in the services of the university was 60 years.