ROOPA R NADIG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions are filed by dental surgeons with regard to promotion to the cadre of assistant professor in operative dentistry by the respondents.

(2.) WRIT petition No. 21246 of 1998 is filed by Dr. Bharathi D. Deo challenging the order of the Karnataka administrative tribunal dated 2-4-1998 in application No. 1500 of 1996. The averments in the said petition are that the petitioner was appointed as an assistant dental surgeon by a notification dated 8-6-1984. Respondent 3-dr. Roopa r. Nadig was also appointed on the same date. The seniority between the petitioner and respondent 3 are as per Annexure-a. Petitioner reported for duty on 21-6-1984 and filed an application for selection to the postgraduate course against the seats reserved for in-service candidate. She was initially not selected, forcing her to file an application No. 2543 of 1988. The same was allowed. Later, she was selected for the academic year 1989 and she completed her degree in operative dentistry in July 1991. She was selected by a selection committee to the teaching line to work on ood as lecturer in operative dentistry. She worked from 11-12-1992. Respondent 3-dr. Roopa r. Nadig was appointed as an assistant dental surgeon in the government dental college in the nonteaching department. She reported for duty on 9-8-1984. Petitioner was asked to handover charge of ood lecturer to Sri Shivananda Shetty on 20-10-1993. She handed over the same as per direction. She was waiting for posting as ood lecturer. On Mr. Shetty taking voluntary retirement, she was appointed as lecturer in operative dentistry on 15-3-1994 in government dental college, Bangalore. She reported for duty on 16-3-1994. The provisional list of seniority of lecturers was published on 10-7-1995. Her ranking is shown as serial No. 1 as against respondent 3 being at serial No. 2. However, there was a mistake in the list to the effect that the petitioner has been working as ood lecturer from 16-3-1994 ignoring her earlier working as ood lecturer in operative dentistry even from 11-12-1992 upto 20-10-1993. It is her case that respondent 3 was working in operative dentistry from January 1995 only during morning hours and in the afternoon she was working in the department of pedodontia. There arose a vacancy by promotion as assistant professor. The required qualification for the assistant professor is as under. <FRM>JUDGEMENT_341_KANTLJ2_2000Html1.htm</FRM> as against the petitioner's experience, respondent 3 has worked as lecturer in operative dentistry from 5-1-1995 upto 20-2-1996 for a period of 1 year 1 month 15 days. Respondent 3 was promoted thereby denying the promotional post to the petitioner herein. Hence she filed a petition before the Karnataka administrative tribunal seeking for relief of a direction to promote the petitioner as assistant professor from the date on which respondent 3-dr. Roopa r. Nadig was promoted and for quashing the promotional order dated 20-2-1996. Notices were issued and thereafter tribunal heard the matter and after hearing, the tribunal was of the view that "the petitioner would not meet the eligibility criteria as reflected in the recruitment rules for the purpose of being considered for promotion to the cadre of assistant professor as she has evidently not put in three years of teaching experience in operative dentistry". In this view of the matter, the tribunal rejected her application. It is against the said Order, W. P. No. 21246 of 1998 is filed.

(3.) W. P. No. 37488 of 1998 is filed by Dr. Roopa R. Nadig (respondent 3 in the earlier petition) challenging the order Annexure-J , dated 2-12-1998 quashing her appointment as assistant professor. The facts in brief are as under. Dr. Roopa R. Nadig, (hereinafter referred to as 'petitioner') acquired the qualification of b. d. s. degree and was selected by the k. p. s. c. she was appointed as an assistant dental surgeon by an order dated 8-6-1984. She completed her probationary period on 9-8-1986. She acquired master s degree in dental surgery (m. d. s. in operative dentistry) during August 1990. The Karnataka medical services (teaching technical personnel in medical and dental colleges) recruitment rules, 1964 (for short "rules") provided for appointment of lecturers in Karnataka medical services both by direct recruitment as well as by allowing change in cadre/transfer from amongst the assistant surgeons grades I and ii, health officers, class-ii-cum-assistant dental surgeons (class-ii) who possess degree in medicine of any university established by law in India and who possess the postgraduate qualification in the specified subject/disciplines as contained in the rules. The government of Karnataka invited applications for appointment of lecturers in the department of medical education by permanent transfers of assistant surgeons and pursuant to the said notification, the petitioner submitted an application for the post of lecturer (operative dentistry) seeking permission for allowing change of cadre. She was permitted to work on deputation from 29-6-1991 as lecturer in operative dentistry and posted to work in the government dental college, Bangalore for a period of one year. She reported for duty on 5-7-1991. She continued to work as a lecturer (operative dentistry ). According to her, though she was permitted to change her cadre as lecturer in operative dentistry on 24-6-1991, she filed an application before the tribunal in application No. 1444 of 1994 seeking for a declaration that the appointment of the petitioner (dr. Roopa r. Nadig) as a lecturer in operative dentistry from 5-7-1991 is an appointment made on permanent basis in accordance with rules. Tribunal disposed of the said application on 5-12-1995 directing the state government to take a decision afresh regarding the date from which the petitioner should be considered as lecturer for the purpose of seniority etc. She was also allowed to change her cadre as lecturer in operative dentistry by the respondents. She is senior to respondent 4-dr. M. Kala in the cadre of assistant surgeon and she was permitted to change her cadre as a lecturer in operative dentistry by the state government and that she reported for duty on 5-7-1991 whereas respondent 4 was appointed as a lecturer on ood basis with effect from 20-7-1992. Her name was included in the provisional seniority list of lecturers over and above the name of respondent 4-dr. M. Kala. She was shown as serial No. 3 by the respondent.