CHITRA PANIKKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, after her Ph.D from the Department of English, Kerala University, has worked as Resident Scholar in the James Joyce Foundation, Zurich, Switzerland for a year and thereafter, she joined the Centre for Comparative Literature in Hyderabad Central University as a Lecturer. After working as a Lecturer for eight years and as a Reader for six years, the petitioner joined the respondent-Bangalore University, in the Department of English. By order dated 16.09.2014, the petitioner was promoted from the cadre of Associate Professor to the cadre of Professor. However, since the petitioner was aggrieved with the effective date of promotion, in the order dated 16.09.2014 and the petitioner having submitted her representation, the respondents, considering the representation passed an order dated 27.04.2015 indicating that the teachers of the Department of English stand promoted as Professors from the date shown against their names in the said order. Learned counsel for the petitioner submits that in terms of the order dated 27.04.2015, the petitioner herein stands promoted from 18.09.2010, while respondent No.4 herein, stands promoted as a Professor from 31.12.2012.

(2.) The respondent-University published a Seniority list, dated 30.05.2016. Respondent No.4 being aggrieved of the fact that the petitioner herein was placed above the respondent No.4, filed her objections and the petitioner was required to file her response to the objections. It is stated that the petitioner has also filed response to the objections raised by respondent No.4. The dispute brought before this Court is regarding the appointment of respondent No.4 as the Chairperson (Head of the Department) of English and non-consideration of the Seniority, which is contemplated by the Rules governing the appointment of Chairperson, in the respondent-University.

(3.) Learned counsel for the petitioner submits that the provisions of the Karnataka State Universities Act, 2000 ('the Act' for brevity) inter alia provides for the appointment of Chairman, as per Section 34(7) of the Act. Section 34(7) of the Act provides that the Chairman shall be appointed by the Syndicate for a term of two years, or for such term as the Syndicate may determine from time to time. It is also brought to the notice of this Court that the respondent-University has issued the notification dated 11.11.1991, which is a Statute pertaining to appointment of Chairman, Department of Studies/Departmental Council by Rotation. In effect, the notification dated 11.11.1991 envisages a general policy of rotating the Chairmanship of the Department of Studies/Departmental Council once in two years in the order of Seniority. The policy reads as follows: