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Judgment
Hon''ble Mr Justice Huluvadi G. Ramesh
Petitioner has sought for quashing the order at annexure F dated 23/25.11.2010 and for a mandamus to the respondent to consider his case for promotion to the post of Assistant Professor in Civil Engineering section under the backlog promotion. System. A perusal of annexure F reveals, petitioner has completed five years service as on 18.8.2008 as a Lecturer in the backlog vacancy and his initial appointment was on 19.2.2003. It is stated, though petitioner is eligible for promotion as Assistant Professor, that vacancy falls within the quota of selection i.e., 50% by promotion and 50% by direct recruitment. However, as per the government order dated 6.9.2008, so far as grant in aid engineering colleges are concerned, the post of Assistant Professor has to be filled up by direct recruitment as per the Cadre & Recruitment Rules. On the ground, as per the Cadre and Recruitment Rules, invariably the post should be filled up by direct recruitment and not by promotion, petitioner''s case has not been considered, reserving the post to be filled up by direct recruitment.
Heard the counsel representing the parties
The grievance of the petitioner is, he has got all eligibility and qualification to be promoted to the post, he had also put in five years of service as on 2008 and his representation has also not been considered.
As could be seen, the post is reserved for SC/ST candidates and by direct recruitment. In WP 66317/2009 filed by the petitioner, in view of the submission made by the counsel for the respondents that the post is reserved for SC/ST candidates and by direct recruitment, this Court had directed compliance. However, once again, this writ petition is filed by the petitioner.
According to the submission made, petitioner belongs to scheduled caste and also there is reservation for SC candidates. Though the post is reserved to be filled up by direct recruitment as per the Cadre & Recruitment Rules, the notification dated 6.9.2008 - annexure B came into force on 8.9.2008 i.e., the date on which it is notified in the gazettee. It is the submission of the petitioner''s counsel that the Rules came into force subsequently and the petitioner had already completed five years service as on 18.2.2008. The amended rule came into force subsequent to the completion of five years by the petitioner. In that view of the matter, the amendment, if any has a prospective effect and the case of the petitioner ought to have been considered for promotion.
Although petitioner''s case is a belated one, it is for the respondent authority to consider the case of the petitioner for promotion as per the old Rules. Annexure F is quashed. However, it is made clear, if the petitioner had submitted a representation prior to the amendment during 2008, then his case may be considered as per the old Rules failing which, he may not be entitled for promotion as sought for as, the post of Assistant Professor is reserved to be filled up by direct recruitment as per the amended Rules. The process shall be completed within six months. Petition is disposed of.