H N KRISHNAPPA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) At the stage of preliminary hearing, emergent notice was ordered to the respondent - Bangalore University. Accordingly, it has entered appearance through its Standing Counsel. Time was once granted for filing statement of objections, if any. But so far, no Statement of objections is filed. However, time is sought for filing objections. Having regard to the fact that these petitions can be disposed of on a short point based on undisputed facts, which are borne out from the records of the University which are produced by the petitioners, it is considered not necessary to grant further time. Hence rule is issued and the petitions are heard for final disposal.

(2.) In these petitions under Article 226 of the Constitution, the petitioners have sought for the following reliefs : A. To issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the resolution at item No. 21 passed by the Syndicate at its meeting held on 1-2-1989 dated 9-2- 1989 in SYN: Sl:13/SYN/1988-89 produced herewith at Annexure-E and also the consequent revised provisional seniority list issued on 21-2-1989 in the cadre of Junior Assistants by the Respondents in Official Memorandum No. EST.E.4Misc. 88- 89 produced herewith at Annexure-. B. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent to implement the Resolution of the Syndicate passed at its Extra-ordinary Meeting held on 19-2-1987 - Annexure-B and to give proforma promotions to the cadre of Junior Assistants as stated in Annexure-B and all other consequential benefits including the monetary benefits flowing therefrom.

(3.) Annexure-E is a resolution of the Syndicate dated 1-2-1989 pertaining to item No. 21 passed in its 106th Meeting accepting the Recommendations of the Committee constituted to consider the grievance of the officials in connection with the provisional seniority list of non-teaching staff. An- nexure-G is an Official Memorandum dated 21-2-1989 issued pursuant to the aforesaid resolution dated 1-2-1989 passed by the Syndicate as per Annexure-E. The petitioners have also sought for issue of a direction in the nature of mandamus to the respondent to implement the U.O.No. EST. EAMisc. 83- 84 dated 12-3-1987 (Annexure-B) issued pursuant to the Resolution of the Syndicate passed in its Extraordinary Meeting held on 19-2-1987 accepting the recommendations made by the Grievance Committee.