Karnataka High Court
K. Channabasappa And Others vs The Kuvempu University, B.R. Project, ... on 14 August, 1998
Equivalent citations: 1999(2)KARLJ52
ORDER
1. Heard the learned Counsel for the petitioners, Sri N. Devadas, learned Counsel for the 1st respondent-Kuvempu University and Smt. V. Vidya, learned High Court Government Pleader for the State Government.
2. The petitioners are working as Second Division Assistants and Typists in U.B.D.T. College of Engineering owned by the Government. By the order at Annexure-A passed under Section 68(1) of the Karnataka State Universities Act, 1976, the said college was transferred to Kuvempu University. As per condition No. 2 incorporated in the said order, an option was given to the teaching and non-teaching employees of the said college to either accept the services of the University or remain in the services of the Department of Technical Education. The petitioners opted to remain in the services of the Government.
3. Subsequently, they wanted to withdraw their options which were refused under Annexure-D. Later on under notification dated 12-8-1997, Government passed orders of their transfer and the same is sought to be enforced by relieving them under official memorandum dated 12-6-1998 (Annexure-F). The petitioners have challenged the validity of the said order by referring to Section 68(3) of the Act. According to them, by operation of law, their services stood automatically transferred to the University and therefore, granting of option or exercise thereof by them, is of no consequence.
4. Section 68(3) of the Karnataka State Universities Act, 1976, for short, 'Universities Act' reads as under:
"3. Where any college has been transferred to the maintenance and control of the University by an order under sub-section (1) then, notwithstanding anything contained in this Act.-
(a) all members of the teaching staff and other servants of the State Government who, immediately before the date of the publication of the said order, were serving in or were attached to that college shall stand transferred to the appropriate cadre or category of posts in the University;
(b) the University shall, consider in consultation with the State Government, the claims to appointment in the University of such Teachers employed in any other educational institutions either within or without the territorial limits of the University as were in the service of the State Government immediately before the date of such transfer in vacancies which in the event of such vacancies being filled by appointment or promotion of the teachers in the University who were immediately before the date of such transfer in the service of the State Government, may involve the supersession of the claims of the teachers employed in the educational institutions referred to above".
Keeping the provisions contained in Section 68(3), it cannot be disputed that by operation of law, the petitioners' services ipso facto stood transferred to the respondent-University. The legislature did not permit exercise of any option in this regard, but for all practical and legal purposes the petitioners have become employees of the respondent-University.
5. In the affidavit filed by the Under-Secretary to the Government, Education Department, it has now clearly been admitted that.-
"I further submit that an error had been crept in while allowing the petitioners and others to exercise an option in the absence of specific provision contained in the said Section 68 of the Act. However, it will be rectified to transfer them to the appropriate cadre or category of posts in the service of the Kuvempu University".
Therefore, the order passed by the Government of Karnataka at Annexures-D and E as also the consequential order marked as Annexure-F passed by the Principal of the University's college are quashed.
Writ petitions accordingly allowed. No costs.