IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.24510/2018 (S-RES) BETWEEN DR. D. S. RAMAKRISHNA S/O LATE SUBBARAYAPPA AGED ABOUT 59 YEARS PROFESSOR MECHANICAL ENGINEERING DEPARTMENT J. N. N. COLLEGE OF ENGINEERING SHIVAMOGGA-577 204.
(BY SRI. PADMANABHA R, ADVOCATE) ... PETITIONER AND 1. THE DIRECTOR OF TECHNICAL EDUCATION TANTRIKA SHIKSHANA BHAVANA PALACE ROAD BENGALURU-560 001.
2. THE REGISTRAR VISVESWARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, MACHCHE BELAGAVI-590 018.
3. THE MEMBER SECRETARY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA MARG VASANTH KUNJ NEW DELHI-110 070.
(BY SMT. M.S.PRATHIMA, AGA FOR R1;
... RESPONDENTS SRI. SANTHOSH S NAGARALE, ADVOCATE FOR R2; NOTICE TO R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND DISPOSE OFF THE REPRESENTATION MADE BY THE PETITIONER DATED 17.4.2018 VIDE ANNEXURE-A BY PASSING APPROPRIATE ORDER IN ACCORDANCE WITH LAW WITHIN A REASONABLE PERIOD OF TIME.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Though this matter is coming up for hearing on interlocutory application, with the consent of learned counsels on both the sides, this matter is heard and disposed of finally.
2. The petitioner was appointed as a Lecturer in Mechanical Engineering on 15.06.1984 in J.N.N. College of Engineering, Shivamogga. The petitioner was promoted as Assistant Professor in the year 1992 and as Professor in the year 1999. The petitioner was designated as Head of the Department in the Mechanical Engineering as on 01.02.2005.
3. The grievance of the petitioner is that inspite of petitioner being qualified as to be promoted Vice-Principal of the College, the College has appointed one Dr. L.K.Shripathi as Vice-Principal of the College.
4. The petitioner has made a representation to the respondents seeking redressal of his grievances. Further, the petitioner has also addressed a letter dated 19.03.2018 to the Secretary of National Education Society, which is the management of the institution. But, the petitioner has not impleaded the Institution as party respondent in this writ petition.
5. The prayer made by the petitioner is for seeking a mandamus or direction to the respondent to consider and dispose of his representation.
6. Having heard the learned counsel for the petitioner and respondents, this Court is of the opinion that the ends of justice will be met if the petitioner is permitted to make representation to the Principal of the college and the management who may consider the said representation and pass orders within the stipulated time. Therefore, the petitioner is permitted to make such a representation to the Principal of the college and the management within a period of one week from the date of receipt of a certified copy of this order.
7. The Principal of the college or the management, as the case may be, is directed to consider the representation within a period of two weeks from the date when such a representation is made by the petitioner and pass orders in accordance with law.
8. I.A.No.1/2018 is hereby allowed. The writ petition is disposed of accordingly.
SD/- JUDGE DL