Supreme Court Rules on Career Advancement Scheme in Universities

The case of Registrar, Karnataka University vs. Dr. Prabhugouda & Anr. revolved around the interpretation of the Career Advancement Scheme (CAS) for promotions in universities. The Supreme Court had to determine whether a professor’s promotion under CAS should be backdated to include service in an affiliated college or whether it should take effect only from the date of appointment in a university.

The case was filed by Karnataka University against the High Court’s decision, which had ruled in favor of Dr. Prabhugouda, granting him CAS promotion from January 1, 2009, instead of the university’s assigned date of October 28, 2013. The Supreme Court overturned the High Court’s ruling, holding that promotions under CAS must be granted only from the date of actual entry into the university’s service.

Background of the Case

• Dr. Prabhugouda was initially an Associate Professor in J.S.S. College, an affiliated college of Karnataka University.
• He later joined the P.G. Department of Mathematics at Karnataka University on October 28, 2013.
• In 2016, he applied for promotion under CAS to the post of Professor.
• The university granted his promotion from October 28, 2013, considering his past service.
• Dr. Prabhugouda filed a writ petition, arguing that his promotion should be effective from January 1, 2009, as he had completed three years as an Associate Professor by then.
• The Karnataka High Court ruled in his favor, prompting the university to appeal to the Supreme Court.

Petitioner’s Argument

The Karnataka University contended:

• CAS promotions could only be granted to faculty on the rolls of the university or its constituent colleges.
• Dr. Prabhugouda’s prior service was in an affiliated college, not a constituent college of the university.
• Promotion should be effective only from the date he joined the university, i.e., October 28, 2013.
• As per the university’s promotion statute, affiliated college service could be counted for eligibility but not for backdating the effective promotion date.

Respondent’s Argument

Dr. Prabhugouda’s counsel argued:

• Under the Karnataka State Universities Act, affiliated colleges should be treated as part of the university.
• His three years of service (2006-2009) as Associate Professor should make him eligible for CAS promotion from January 1, 2009.
• The term “colleges” in the university statute should be interpreted broadly to include both affiliated and constituent colleges.
• The university had already considered his past service for CAS eligibility, so his promotion should be retroactive.

Supreme Court’s Key Observations

The Supreme Court, in its ruling delivered by Justices Ashok Bhushan, R. Subhash Reddy, and M.R. Shah, made the following key observations:

1. Applicability of CAS Promotion

The Court ruled that CAS promotions were personal to the incumbent faculty member and took effect only when the faculty member was on the rolls of the university or its constituent colleges.

“The incumbent teacher must be on the rolls and in active service of the University/Constituent College at the time of consideration for CAS promotion.”

2. Distinction Between Constituent and Affiliated Colleges

The Court held that the term “college” in the university’s statute referred only to constituent colleges, not affiliated colleges. It rejected the argument that service in an affiliated college should be equated with service in a constituent college.

3. Effective Date of Promotion

The Court ruled that:

• While past service in an affiliated college could be counted for eligibility, it could not determine the effective date of promotion.
• The High Court’s interpretation allowing retroactive promotions contradicted the statute governing university promotions.
• The university was correct in granting promotion from October 28, 2013, when Dr. Prabhugouda formally joined the university.

4. High Court’s Error in Interpretation

The Supreme Court found that the High Court had incorrectly given a broad interpretation to the term “college” in the promotion statute:

“By losing sight of the fact that the respondent was not in active service of the university, the High Court erred in granting retrospective promotion.”

Final Judgment

The Supreme Court:

• Set aside the Karnataka High Court’s judgment.
• Held that Dr. Prabhugouda’s promotion could not be backdated to January 1, 2009.
• Upheld the university’s decision to grant promotion effective from October 28, 2013.
• Ruled that CAS promotions cannot be granted for periods when the faculty member was not in active service of the university.

Implications of the Judgment

This ruling has significant implications:

• Clarifies that affiliated college service does not qualify for backdated promotions in universities.
• Ensures that CAS promotions take effect only from the date of actual service in the university.
• Prevents retrospective claims that could disrupt university staffing policies.
• Affirms that university statutes must be interpreted in line with their objectives and preamble.

The ruling sets a precedent for CAS promotions in higher education institutions, ensuring that promotions are granted based on university service, not prior experience in affiliated colleges.

Petitioner Name: Registrar, Karnataka University.
Respondent Name: Dr. Prabhugouda & Anr..
Judgment By: Justice Ashok Bhushan, Justice R. Subhash Reddy, Justice M.R. Shah.
Place Of Incident: Dharwad, Karnataka.
Judgment Date: 17-12-2020.

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