B VIRUPAKSHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A Selection Grade Professor in the Department of Collegiate Education of this State, being aggrieved by his supersession, for appointment to the post of the Director of Collegiate Education, and the appointment of his junior to that post, has presented this writ petition.

(2.) THE case of the petitioner is as follows : He had put in a service of 13 years as Professor and 14 years as Reader and had also worked as Principal for 9 years before June, 1977 when the post of the Director in the Collegiate Education Department became vacant. According to the Karnataka Education Department Services (Collegiate Education Department) (Recruitment) Rules, 1964 hereinafter referred to as 'the Rules', the post is required to be filled up either by promotion, by selection from among Professors (Selection Grade) or by the appointment of an I.A.S. Officer. On the basis of service record and merit he was entitled to be promoted being the seniormost Professor (Selection Grade). He was superseded on extraneous considerations and his junior the 2nd respondent was appointed by order dated 30th June, 1977. He states that he has been subjected to unjust discrimination in violation of the fundamental rights guaranteed under Arts. 14 and 16(1) of the Constitution.

(3.) A perusal of the records on which reliance was placed to show that the case of the petitioner was duly considered, discloses that a few weeks before 12 -6 -1977, on which date the previous Director was due to retire, the question of filling up the vacancy was engaging the attention to the State Government. There was a suggestion to appoint an officer belonging to the Indian Administrative Service. After considering the above suggestion, the Chief Secretary opined that, the post of the Director being a non -cadre post, it is not possible to spare the services of an I.A.S. cadre officer, as there was severe shortage of officers belonging to that category even to fill up cadre posts. Thereafter he gave his opinion on 26 -5 -1977 as follows :