PRASHANTH P. A Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr. Prashanth P. A., is aggrieved by the the selection of respondent No.5, Mr. Satish Kumar M., to the post of Associate Professor, in the PES College of Engineering, the respondent No.3, by the order dated 31.12.2014. The petitioner is also aggrieved by the order dated 29.12.2014, passed by the respondent No.1, approving the selection of respondent No.5 for the said post.

(2.) Briefly the facts of the case are that the petitioner had completed his Master of Science, in Chemistry, with First Class in May 1998; his M.Phil. Degree in the academic year May 1999; and was awarded the Degree of Doctor of Philosophy in Chemistry on 9.2.2008. The petitioner had worked as a Lecturer in the Department of Chemistry, in the Yuvaraja's College of Mysore, from 29.3.2003 to 31.3.2004. He also worked as a Associate Professor, and as Head of the Department of Chemistry, in Rajiv Gandhi Institute of Technology, from 13.6.2006 to 31.7.2008. Subsequently, he worked as Associate Professor in the Department of Chemistry in Sai Vidya Institute of Technology, from 18.8.2008 till 28.1.2015, the date of filing of the writ petition.

(3.) On 21.11.2012, the respondent No.4, the Principal, PES College of Engineering, issued a Notification, inviting applications for one post of Associate Professor in Chemistry, in the general merit category. Since the petitioner, and respondent No.5, Mr. Satish Kumar M., considered themselves to be eligible for the said post, they applied for the said post. According to the Notification dated 21.11.2012, the selection for the teaching post were to be as per the AICTE Rules, and Cadre and Recruitment Rules of Karnataka Government. Since at the relevant time, the AICTE Rules were not prevalent, the Selection was to be governed by Karnataka Department of Service (Technical Education Department) (Recruitment) (Amendment) Rules, 2008, ('the Rules of 2008' for short).