Case: Registrar Karnataka University &amp; Anr Vs. Dr. Prabhugouda &amp; Anr

4. The brief factual matrix of the case is that, the first respondent-writ petitioner had claimed his promotion under CAS, promulgated by the UGC, to be given effect from 01.01.2009 instead of 28.10.2013, from which date, promotion is given to the writ petitioner. The writ petitioner was earlier working as an Associate Professor, in J.S.S College, which is affiliated to Karnataka University. In pursuance of syndicate Resolution No.24 dated 26.10.2013, the writ petitioner was appointed as an Associate Professor in the P.G. Department of Studies in Mathematics in the University. Pursuant to his appointment, he joined in the service of the University on 28.10.2013 and vide order dated 31.12.2015, his service was confirmed with effect from 28.10.2013.5. By issuing Circular dated 04.07.2013, the University invited applications for promotion, from eligible Assistant Professors, Associate professor and Professor (stage 5) under CAS. The first respondent-writ petitioner made an application in response to the said Circular, for promotion to the post of Professor under UGC, CAS. He appeared for interview on 12.08.2014 before the Board of Appointment (BOA), which has recommended his case for promotion and accordingly promotion order was issued on 16.02.2016, promoting the writ petitioner as a Professor, with effect from 28.10.2013, that is, from the date of his eligibility, to the said post. He has been promoted to the post of Professor with effect from 28.10.2013, taking into consideration his past three years of service in previous college, where he worked as Associate Professor. The claim of the first respondent- writ petitioner in the High Court was that as he has completed three years of service in the cadre of Associate Professor from 01.01.2006 to 01.01.2009, as such, he ought to have been considered for promotion under CAS from 01.01.2009 instead of 28.10.2013. During the relevant time, neither he was in the service of the University nor working in any of the constituent Colleges of the University, but he was in service of J.S.S College, Dharwad, which is an affiliated College to the Dharwad University. The first respondent- writ petitioner made representations dated 18.03.2016 and 25.07.2016, in this regard, for which, he was replied by the University on 04.08.2017. The claim of the writ petitioner, for grant of CAS promotion from 01.01.2009, was placed before the Syndicate of the University, and the Syndicate in its meeting held on 19.07.2017, vide Resolution No.36, has rejected the claim, stating that there is no provision to grant the said benefit from 01.01.2009, as claimed. In accordance with the Resolution of the Syndicate, an endorsement came to be issued by the University on 04.08.2017, a copy which was served on the writ petitioner.6. Challenging the Resolution of the Syndicate of the University, bearing Resolution No. 36, dated 19.07.2017 and the endorsement dated 04.08.2017, the first respondent has filed writ petition No. 100353 of 2018 before the High Court of Karnataka, Dharwad Bench, questioning the aforesaid resolution, endorsement and by seeking further consequential directions to fix the eligibility date from 01.01.2009 for promotion to the post of Professor under CAS, in mathematics, instead of 28.10.2013 and to reconsider his representation dated 10.08.2017. The claim of the first respondent-writ petitioner was opposed, by filing the written note of objections in the High Court but the learned Single Judge of the High Court, by Order dated 13.03.2019, allowed the writ petition, by recording a finding that the writ petitioner completed three years of teaching by 01.01.2009, as such effective date should have been 01.01.2009. Learned Single Judge of the High Court was of the view that his service in affiliated College is also to be considered for the purpose of promotion under CAS and consequently writ petitioner is entitled for promotion from 01.01.2009 instead of 28.10.2013.7. Aggrieved by the Order of the learned Single Judge, the appellants herein preferred the writ appeal in writ appeal No. 100436 of 2019 and by Order dated 02.01.2020, the said writ appeal is dismissed, confirming the Order of the learned Single Judge, by recording a finding that the magnanimous interpretation is to be given for the wordings University/Colleges, as found in Clause 12.7 of the Statute. The Division Bench has held that the word colleges used in the Statute, not only includes constituent colleges, but also includes other colleges, which are affiliated to Karnataka University.

Reasoning:
A comprehensive reading of the statute makes it very clear that for the purpose of granting CAS promotion, the incumbent teacher must have holding a substantive sanctioned post, as much as CAS promotion being a personal promotion to the incumbent teacher and on superannuation of the individual incumbent, the said post shall revert back to its original cadre. It is also clear that the incumbent teacher must be on the roll and active services of the University or the College, on the date of consideration by the Selection Committee for selection under CAS Promotion. A harmonious reading of Clauses 12.6 and 12.7 of the Statute read with the Preamble thereof, makes it clear that the term College used in the said statute is referable to only Constituent College but not affiliated College.16. The High Court, by losing sight of a vital aspect namely, that the first respondent was not in actual service of the University or of the constituent College, has ordered to extend the benefit from 01.01.2009, on the ground that he has completed three years of service, by working as Assistant Professor in Mathematics in UGC pay scale with effect from 01.01.2006 to 01.01.2009. There cannot be any promotion in the University for the period where the writ petitioner was not in effective service of the University. The University is not expected to order promotion for the period when he was working in affiliated college. The High Court, by mere mathematical calculation, by basing on the service certificate which is Annexure D before the High Court, has held that as he has completed three years of service as Assistant Professor in UGC scale and therefore the effective date of promotion should be 01.01.2009 and not 28.10.2013, as granted by the University. Further, the High Court has fell in error in interpreting clause/paragraph 12.7 of the Statute, by giving liberal meaning to the word colleges, by extending to affiliated college. Even the Division Bench has also committed the same error by recording a finding that a magnanimous interpretation is to be given for the wordings University/Colleges, as used in the paragraph/clause 12.7 of the Statute. The University has correctly interpreted the various clauses of the Statute and by giving the benefit of past service, has given effect to his promotion from the date of entry into the service of the University. It is also to be noticed that at the time of appointment itself, though the writ petitioner has completed three years of service, fully knowing that he was not eligible for appointment as a Professor, he has not claimed the post of Professor. Even the representations filed by the writ petitioner indicate that he claimed notional service, in spite of the same, the High Court, by misconstruing the statute contrary to its objectives, as mentioned in the preamble liberally construed, going beyond the scope of the statute and granted all consequential benefits, by declaring that the effective date for promotion was to be 01.01.2009 instead of 28.10.2013.17. We do not find any substance in the argument made by the learned senior counsel appearing for the respondents, that the term principals of Constituent Colleges ought to be read disjunctively as against the other posts mentioned in the provision. If it is to be read in the manner as sought to be argued by learned counsel, same will run contrary to the objectives and preamble of the statute itself. Even the submission of the learned counsel relying on the definition under Section 2(2) of Karnataka State Universities Act, 2000, also does not render any assistance to support his case. Karnataka State Universities Act, 2000, applies to all the colleges, which includes private college. Even private colleges have to seek affiliation from the jurisdictional University, as such the College is widely defined in the Act. Said definition cannot be readily imported, as defined, for the purpose of grant of promotions under CAS. For the purpose of grant of promotions under CAS, the word College is to be interpreted, keeping in mind, the preamble of the statute, governing promotions.18. In that view of the matter, we are of the clear view that, the incumbent teacher, who is entitled for promotion under the scheme, is to be given benefit only from the entry of service of such incumbent into the University. Though the earlier service is to be counted for the purpose of giving benefit of promotion, but effective date for all purposes is only from the date of entry of first respondent into the University service, i.e, 28.10.2013. The University is not expected to grant promotion, covering the period, anterior to the entry of service of the first respondent into University. As such, we are of the view that the University has rightly given the benefit of promotion from 28.10.2013.