D. V. RAMANNA Vs. TATE OF KARNATAKA & ANR

JUDGEMENT

(1.) In these seven writ petitions, the petitioners have moved this Court for a writ in the nature, of mandamus restraining the 2nd respondent-University of Bangalore, from making any appointments or selections to the posts of Readers and Professors to the, Bangalore University as per notification dated 30-6-1976. The petitioners have further prayed that this Court may issue appropriate direction to the respondents namely, the University and the State of Karnataka to consider the cases of the petitioners for promotion to the next higher cadres without reference, to. the Karnataka State Universities Act, 1976, (hereinafter referred to as the State Universities Act) and further to direct the respondents to promote the petitioners to the said higher cadres with all consequential benefits.

(2.) At the outset, it should be made clear that the latter half of the second prayer cannot be ,granted in these proceedings i.e., to issue a Direction to the respondents to promote the petitioners with all consequential benefits. Prayer in 411 these petitions is common as also their grievance. Hence, these petitions are disposed of by this common order.

(3.) Briefly the facts concerning these petitioners and their grievances leading to the writ petitions are as follows: The petitioners were all holding posts in different cadres in the, Government of Karnataka as Lecturers, Readers or Professors in the Government colleges originally afflicted either to the University of Mysore or to the Karnataka University. All the petitioners, at the relevant point of time, were serving in the Central College, Bangalore. The said College was taken over by the Bangalore University on 29-4-1965 consequent upon the passing of the Bangalore University Act, 1964. The promotion of the petitioners to the higher cadres of the Department namely, Collegiate Education Department of the Government of Karnataka, was governed before they entered the services of the University by the Karntaka Eoucation Department Services (Collegiate Education Department) Cadre and Recruitment Rules. 1934, (hereinafter referred to as the Rules) After their allocator to the Bangalore University, when they apprehended that their right to claim promotion under the aforementioned Rules was threatened, the' filed the writ petitions in this Court, i.e., W.Ps. Nos. 556, 557, 825 and 1237 1974. In those petitions, the then Bangalore University was the respondent In the said writ petitions the petitioners therein pressed for the, application of the aforementioned Departmental Rules in the matter of promotion, to higher cadres the benefit of which had been denied to them by the respondent-University. The, said batch of writ petitions came to be disposed of by Venkataramiah, J., resulting in a direction being issued, to consider the, cases of the petitioners therein for promotion to the higher cadres in accordance with the Rules. While issuing the direction, the, learned Judge observed as follows: