The Karnataka high court has upheld the termination of two automobile engineering professors from Malnad College of Engineering by allowing the college's appeal. The court ruled that there is no right to continue employment until retirement once the department is shut down and posts are abolished. Considering their long service, the court directed the college to pay each professor Rs 40 lakh.
A division bench of the Karnataka high court ruled on Tuesday in favor of Malnad College of Engineering in Hassan, setting aside a single-judge order that had annulled the termination of Dr K P Ravikumar and Dr M K Ravishankar. Justices D K Singh and Tara Vitasta Ganju stated in their order, “Once the Department of Automobile Engineering was closed down and the posts got abolished, the petitioners would not have the right to continue in the employment of the College till the age of superannuation i.e., 65 years.”
The college's Board of Governors resolved in March 2021 to discontinue the automobile engineering course due to a continuous decline in admissions in the unaided department. The shutdown followed requisite permissions from VTU University and AICTE. Employees, including faculty, were accommodated in other departments where possible or relieved otherwise. The two professors received relieving letters dated 11 September 2023, which they refused; the college then sent them by post and email, prompting the professors to challenge the orders in the high court.
The college argued that the self-financing course had become financially unviable due to low student intake. It contended that AICTE regulations stipulating a maximum age of 65 years do not prevent termination when posts are abolished. Advocate Vaishali Hegde, representing the professors, argued they had a legitimate expectation of service until superannuation under AICTE rules, as the college is aided and receives government grants. She pointed to instances where other professors were transferred to aided courses without government approval or selection processes.
The court observed that the professors did not contest the board's decision or the no-objection and approvals from VTU and AICTE. “The petitioners would have the right to continue till the age of superannuation had the Department of Automobile Engineering not closed down,” it noted. Accounting for their service from 1997 to 2023, the court directed the college to pay each Rs 40 lakh along with statutory dues within four weeks.
