Karnataka High Court
Rajiv Gandhi University Of Health ... vs Association Of Physical Education ... on 10 November, 2008
Equivalent citations: AIR 2009 (NOC) 2333 (KAR.), 2009 (4) AIR KAR R 113
Author: V.G.Sabhahit
Bench: V.G.Sabhahit
-1-
IN THE HIGH COURT OF KARIIATAKA AT
DATED 11-113 ms 10» my or Novmnmn 2 VA
PRESENT
um Honrnm ma. p.n. n11¢AxAmfl,-cliligr V
AND V %
THE Hownm Mn.w89rI§3s_%v.é;a53nguiI':i"'%
war: gag, . 89 .-'Rm;
BETWEEN:
1 RAJEV GANQHI 'L£NIv:2;resxTY~
OF I-iEAI;'l"}r~I. 1'
W 'T' BLOCK, 'J;3¥A':*!A('}AR.._ _ %
BANGALORE' 41
BY ETS EEJGIS'FRAR" ,_
DR s VASANPHKUMA-R "
' % ...APPE3LLANT
K' RA§vH4,}_SH, Aiiir. )
" Asso'c.1é;*rxoN 01:' PHYSICAL
V. .. EEBQCATION TEACHERS
" 'WQRKING EN AFFTLIATED COLLEGES OF
'RAJIV GANDHI UNJVERSITY OF
HEALTH SCIENCES [REGD),
"REP BY ITS SECRETARY
SHRIS H RAMALINGE GOWDA,
S H PHYSICAL EDUCATION DIRECTOR,
KEMPEGOWDA ENSTJTUTE
OF MEDICAL SCIENCES,
BANGALORE 4
2 SR G SOMASHEKHARAPPA
PRESIDENT,
ASSOCIATION OF PHYSICAL
EDUCATION TEACHERS 1
WORKING IN AFFILIATED
COLLEGES OF RAJIV GANDHL ._
UNIVERSITY OF HEALTH SCI-£}N£;ES "
(REGD-), "
NO 16?', 7TH D~»CROSS,. '
4TH B~BLOCK, KORAMANGAI;A
BANGALORE 34 ~ - -.
3 STATE 09' KAR:~w~AK}x g 'V
BY SECRETARY ?gfQ.;c;<>jvEi2VNMra::§T A
MEDICAL iEDl_f(3A'FiiJN 'DELPAR,TMEN~'l'
VIKASA %$0up'im,:,,iBA:§GALoRgV 1
RESPONDENTS
(By Sm NI_I,v.OU--F'ERV 'AKB;A1§*,_Ar:£A FOR R3)
V mis 'APPEAL IS FILED U/S 4 09' THE KARNATAKA
HIGH .covRz:a<:r ;>'mv1zsz<:. TO SET ASIDE THE (moan passan
IN THE; svarrpafrrsg-GVN m.s194/ 2006 DATED 03/12/2007.
THiS.. APPEAL COMING UP FOR PRELIMINARY
%A1A'.;':gAaAR1ANTG 0:6' 'I'HiS BAY, THE mum' DELIVERED THE
«: vVF4GLL0VWir§G:~
-3-
JUDGMENT
(beiivered by P.D.Dinakaran, C..}.) The above writ appeal is directed dated 3rd December 2007 made "-ir; mien No.819-4/2006 laid by the Associatioii.__ mcauonr Teachers (hereinafter referred' «as ;'Physic§a1 Teaehers") who are worliiiig celleges of Rajiv Gandhi University of Healitihli seemgrgaivsmed under the Regiv veeiences Act, 1994 (for short hereiiiafier rereifred "'g§et1. v ~Ed'ucation Teachers sought a writ of the Rajiv Gandhi University of Health vScieneesr'(for&eii.ei3t hereinafter referred to as 'Rajiv Gandhi . .:%_iii'_:«.§Jur1iversity$ treat the Physical Education Teachers in the Teiffliated under the Rajiv Gandhi University as h within the meaning of Section 2 (m) of the Act and a consequential direction to include them in the list of the University. According to the University, notification of the Univezsity dated 23. 12. 1996,__it that the Rajiv Gandhi University consist of the following facultieszy I. II.
III.
5-'?
Faculty of Medicine Faculty of .i " _ a. Faculty of India:-1' of includigig ..£§etigtepathy b. I?Eacu1t:}i_of V .VF'aciiit§,f»of _ .
Fac'ulty of .. V...
P'ac'u_lty of Sciences and __;f'A}.1ied " contention that except the above six faculty for Physical Education. In the
-.'_,'.j:gbsence of faculty for Physical Education, the Physical Teachers are considered only as a non-teaching . V'V:e1is;tiio§tees of the University because as per Section-30 of the iifietiwthe faculties of the University and their composition shall all their branches, it is submitted unless the Physical Education Teachers are employed as a member of the that are composed and prescribed under the Section 30 of the Act, by a notificatioflof-the V i 3.11.1997, the Physical Education subject governing Health ScienceVs~-twitiflhrti of Section 2(e) of the Act V for of.' inciivliding the Physical Education Teachers (111) of the Act which defines TeesE1er'- as iheretinderzi - .. _ i _' jnhcludes Professors, Readers, VV'Assistaix"1_tV 'Professors, Lecturers and such "persons instruction on full time basis % cdiiege or ixlstittition of health science." the 1-"*hysica1 Education Teachers, jsecording " tee the Rajiv Gandhi University, are only non»- VV fempioyees of the University and hence, they cannot the Members of the Senate as per Section 21 (2) of Act, whereunder, "no nomteaching employee of the -3- University or an affiliated college shall be eligible to or nominated by the Senate." V. 'A V. 4.4 It is also contended on behalf the decision in R4o A.P'."i' Aemcvzrruiaaz UNIVERSITY in 1997 SC 3433 and the bench of this Court in Writ Appeel mitt Bangalore Univa-sity, Vs. A.J.Belgaumi) are not ap34;:)1ic::1EAl5Ief'i_*tetVV_the of the case and they do not arise underiithei presiisi"-er:s"'e§§ Rajiv Gandhi University of Health Sefienees iscit V' 'above conflicting arguments, the Ieamed VV'e;-[ikééiilgle Sxzdge tiecided the issue whether the Physical ' Teechers in the Rajiv Gandhi University or those the eeneges affihated to the Rajiv Gandhi A ..__VAUiriVij}eisity are 'Teachers' within the meaning Section 2(m) of Act and if so, whether they are entitled to contest and vote the Member of the Senate, in favour of Teachers, by order dated 3" December, present appeal.
6. Mr.N.K.Ramesh, "tor the University reiterated the of Rajiv Gandhi University before but, we are unable to the as rightly held by the learned Q L
7. To for disagreement with the 1eamed"epu11se1 for the University, we feel it apt to refer :2(m), and 2(a) of the Act and also Seetio_n'52_13 (2) so of the Act.
"Sec'Eicn 2(e) - "flmlth Sciences" means modern' scientific medicine in all its branches, ,,,f"_,,een:e'eming preventive, promotive, curative and rehabilitative services, and includes surgery, '"ebstetrics and Q/naecelogy, pharmacy, dental science, nursing and other allied subjects and -10- includes the Indian systems of Medicine A' their branches.
Section 2(m)- "Teachers" . , Readers, Assistant Professors, sirchg other persons gving o11."fuH' in a college or irlstitution of s_Vcie1.1'(:=e..'.'_ Section 2(n)» «peaches evfiniversity» means of imparting, megiceons, basis in the university by the Seefiogi (2j#Nd«::.'i1on-teaclfing employee of V. the an afiiliated college shall be jfnelected or nominated by the Senate. V 30 "The FacuIties"-- The Facilities of g the uU;1ivei'sity and their composition shall be such H " .,,.'V'ss,e;ay"be prescribed by the Statutes."
'11' .1 Section 2(m), which defines Teachers' is inclusive. 1/ term Teacher', therefore, includes Professors, Readers, ?~2'e 1 ' ' xx' .. ' I ,, /
-11.
Asst. Professors, Readers and such other iastnlctions on full time basis in a collge of. Health Sciences.
cempxiaa csuppfieda i A 7.2 Again Section ;--2(11) i it that Teachers of the University} appointed for the purpose of in any college maintained by V (emphasis suppfied)
8. It the Institutions where the P1fiysica1.;?§3dueatioxi'Teachers are employed are Institutions of Therefore, the issue is not whether the Ins1iiiuiiio:ns""' Physical Education Teachers are employee!' Jltistitutions of Health Sciences or not, but, the .: " is wiietller the Physical Education Teachers are iemployjeidifor giving instrructions or imparting instructions in . V V . institutions?
-12..
9. Since there is no dispute as to the ixnpugnedissue, we also feel it apt to refer to the definitions '_ Section 2(12) of the Karnataka State a where the term Teachers' is defined '- _ Sec.2(12) "'I'eachers" means Professors, Professors, Readers or instructions in any Ijniversity./it"
9.1 Both the defitfifionsveee 9.2 also drawn, as to who are the Officetfs' of the where, under Section 11(1) of the Ksxnatalts ti-nixtersities Act, there is a separate :'Director MPhysica1 Education, which, reads as _ "Section 11-~'I'he following shall be the Officers of flxevlfiniversity, namely:-
.
(3) The Director of Physical Education.
xxxx"
W 'K 9.3 The mere Want of a separate faculty for Direetor of Physical Education will not exclude Physiwl Teachers within the meaning of definition of under Section 2(m) of the Rajiv (Randi):
Seefion 2(12) of the Karnataka Therefore, we do not see any 'the of ' l the learned Counsel with reference' of Act. 9.4 In fact, a lvin 'Writ Appeal No.1685/1:980 A Bangalore University, Jnana Bharathi, Bcirt_:ge¢£ofe"' E./5% tzhis Court has held that Phyeioal 'Teachers are included within the under Section 2(l2) of the Karnataka » State «:.j§;ave:¥si&ri::slAl;Xct.
' » to test the status of the Institution Whether it £0 maintaizl health education or otherwise, in our V eozgsidexed opinion, Section 2(e) is relevant. However, since ilfthere is no dispute as to the fact: that these Fhysical
-14..
Education Teachers are employed in the Institutions of_H_calth Sciences, there is no relevancy to refer to Sectio1r.2:(e)- 'all. On the other hand, the Act does not define teaching stafli
11. In P,S.Ramamohana R4a's "the Vissiie was whether the Director of corae srithz'n the definition of Teacher' with 2(a) of the Andhra Pradesh :' which reads as hereunder?
"Sab~clause':V{rx):.ofgection 2 defines 'teacher' as fellows?" * 'h _ " "ifici'udes a professor, reader, ' VIecturer'~or.:e::he1' person appointing or recognised .by+c_a1e for the purpose of imparting of conducting and guiding research or extexision progammes, and any person declared V' hf" "the statutes to be a teacher."
" 1.1 The definition of 'teacher' under Section 2(n) of the Pradesh Agricultural University Act also includes any .15- person declared by the statutes to be a teacher. the Andhra Pradesh Agrictiitural University Act or Regulations framed thereunder; "
specific duties and funcfione _ it Education Director, even then, that the Director of Physical vizithjn the defmition of Teacher' held that merely gives guidance and teach after the regular course is o%ifer,._ to construe that they are not teachers; among various duties of the HhySiCa1._§EdflCat}{0f1'- they do discharge the duty of teachitig Various games as well as their rules and pracfiee.sVafid'Vth.ei'efere, the Apex Court held that the Physical Educatioh also come within the meaning of Teacher' .1 otmder Section 2(a) of the Andhra Pradesh Agricultural .t%'_L"}'a§'zve;j'sity Act. "T§§v§
-17..
the University, we are unable to take a djfierent view"
one construed and held by the learned Single that the Physical Education Teachezfsaxfe the meaning of Section 2 (In) of the not nowteaching stafls. be V L' debarred from the elig:it)i1i.t._s( to e1ee:t"L_:ar" "nemii1ate the Senate Members or to be elected Members of the Senate under Secgiczfij ' V' V'
13. Far all 'reas§ns,*We do not find any merit in m the writ same is dismissed.
T is 'V /~ 5, Irxdex: vi; £1330