T RAMESAN Vs. CHANCELLOR BANGALORE UNIVERSITY

JUDGEMENT

(1.) The petitioner who is a professor of Mathematics in the Bangalore University has in this writ petition challenged the nomination of Dr. O. R. Krishna- swamy, the third respondent as a member of the syndicate of the Bangalore University as per Ext. 'C' dated 28-9-1978.

(2.) Sri 1. Ramesan the petitioner was appointed as a professor of Mathematics on 1 9-1966. Dr. O. R. Krishnaswami the third respondent was appointed as professor of Commerce on 28-6-1974, The petitioner is acting as a Dean of Faculty of ccience with effect from 1-11-77, while the third respondent is acting as a Dean of Faculty of Commerce with effect from 26-9-1976. The Chancellor of the Bangalore University nominated the third respondent who is the Professor and Head of the Department of Commerce and Dean of Faculty WP 12213/78 of Commerce to be a member of the syndicate of the Bangalore University for a period of one year with effect from 21-9-1978 under S. 24(iv) of the Karnataka Universities Act, 1976 (hereinafter referred to as the Act) and this was notified by the Registrar of the Bangalore University in the notification dated 28-9-1978 Ext. 'C'. It is this notification that is challenged in this writ petition.

(3.) Sri B. T. Parthasarathy, the learned counsel for the petitioner submitted that the syndicate of the Bangalore University consists of one Dean by rotation according to the seniority, nominated by the Chancellor from among those who are not Principals of Colleges, for a period of one year and the seniority referred to is a seniority in the cadre of Professors. According to him the petitioner who has been a Professor of Mathematics since 1966 is senior to the third respondent who has been Professor since 1974 and therefore it was his client who should have been nominated and not the third respondent as a member of the syndicate as required under S. 24(iv) of the Act. It is therefore his submission that the nomination as per Ext. 'C' is contrary to law and is liable to be quashed. In support of his submission that it is the seniority in the cadre of Professors that is relevant in making nomination under S. 24(iv) of the Act he relied on a decision of,this Court in Dr. K. Narasaiah v. Chancellor, Bangalore University, 1971 1 MysLJ. 65.