Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka State Universities Act, 2000 (29 of 2001) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Promotion under Career Advancement Scheme (CASPromotion) – Under statute framed under Karnataka State UniversityAct – To the post of Professor – Eligibility date – Incumbent teacherjoined the constituent college of the University on 28.10.2013 asAssociate Professor – Prior to that, he was working as AssociateProfessor from 01.01.2006 to 01.01.2009 in the affiliated collegeof the University – CAS promotion granted to the post of Professorfrom 28.10.2013 – Writ Petition claiming his promotion from01.01.2009 on the ground that on 01.01.2009 he had completedeligibility criteria – Single Judge as well as Division Bench of HighCourt allowed his case and directed to grant him promotion from01.01.2009 – Appeal to Supreme Court – Held: For the purpose ofgrant of CAS promotions, the word “College” is to be interpreted,keeping in mind the preamble of the relevant statute, governingpromotions and not the definition of “College” u/s. 2(2) of the Act– A harmonious reading of Clauses 12.6 and 12.7 of the Statuter/w Preamble thereof makes it clear that the term “College” isreferable to only “Constituent College” and not “Affiliated College”– Therefore, the incumbent teacher is entitled to promotion onlyfrom the date of entry of service into the University and not coveringthe period anterior thereto – Statute Governing the DirectRecruitment, Promotion under Career Advancement Scheme (CAS)and Conduct of Interview to the Posts of Professors, AssociateProfessors, Assistant Professors, Principals of Constituent Colleges,Directors of Physical Education and Librarians under Section40(1)(k) of KSU Act, 2000 – Preamble; Clauses 12.6 and 12.7 –Karnataka State University Act, 2000 – s. 2(2). |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 709 |
Petitioner | Registrar Karnataka University & Anr.v. Dr. Prabhugouda & Anr. |
Respondent | Dr. Prabhugouda & Anr |
SCR | [2020] 9 S.C.R. 859 |
Judgement Date | 2020-12-17 |
Case Number | 4079 |
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