( 1. ) THE above writ appeal is directed against the order dated 3rd December 2007 made in Writ Petition No. 8194/2006 laid by the Association of Physical Education Teachers (hereinafter referred to as "physical Education Teachers") who are working in the affiliated colleges of Rajiv Gandhi University of Health Sciences Act, 1994 (for short hereinafter referred to as 'act' ).

( 2. ) THE Physical Education Teachers sought a writ of mandamus to direct the Rajiv Gandhi University of Health Sciences (for short hereinafter referred to as 'rajiv Gandhi University') to treat the Physical Education teachers in the colleges affiliated under the Rajiv Gandhi University as teachers within the meaning of Section 2 (m) of the Act and for a consequential direction to include them in the list of voters (electorate) for electing the Senate Members under Section 2 (xii) of the Act.

The claim of the Physical Education Teachers is based on:

(i) Section 2 (m) of the Act which defines 'teachers';

(ii) The decision of the Apex Court in the case of P. S. Ramamohana Rao Vs. A. P. Agricultural University and another reported in 1997 SC 3433 and;

(iii) The decision of the Division Bench of this Court in Writ appeal No. 1685 of 1980 (The Bangalore University, Jnana bharathi, Bangalore Vs. A. J. Belgaumi).

( 3. ) ON the other hand, the writ petition was resisted by the Rajiv gandhi University on the ground that Physical Education is not classified as faculty as per the Statutes of the University. According to the University, as per the notification of the University dated 23. 12. 1996, it was notified that the Rajiv Gandhi University of Health Sciences shall consist of the following faculties: i. Faculty of Medicine ii. Faculty of Dentistry iii. a. Faculty of Indian system of Medicine including ayurveda, Unani, Naturopathy and Yoga b. Faculty of Homeopathy iv. Faculty of Pharmacy v. Faculty of Nursing vi. Faculty of Biomedical Sciences and Allied Subjects.

4.1. It is their contention that except the above six faculties, there is no faculty for Physical Education. In the absence of a faculty for Physical education, the Physical Education Teachers are considered only as a non-teaching employees of the University because as per Section 30 of the Act the faculties of the University and their composition shall be such as may be prescribed by the Statutes that are made under the Act. In other words, the faculties which are not prescribed under the Statutes, the employees who are not known as specific faculties, the faculties that are not composed or prescribed by the Statutes made under the Act shall not have the status of a 'teacher'.

4.2. In other words, the Act being intended to establish and incorporate a University in the State of Karnataka to be known as the Rajiv Gandhi university of Health Sciences, particularly, for the purpose of ensuring proper and systematic instruction, teaching, training and research in modern medicine and Indian Systems of Medicine in the State of Karnataka and the term 'health Sciences' is defined under Section 2 (e) to mean, modern scientific medicine in all its branches, concerning preventive, promotive, curative and rehabilitative services, and includes surgery, obstetrics and gynaecology, pharmacy, dental science, nursing and other allied subjects and includes the Indian systems of Medicine in all their branches, it is submitted unless the Physical Education Teachers are employed as a member of the faculty that are composed and prescribed under the Statute as per Section 30 of the Act, by a notification of the university dated 3.11.1997, the Physical Education cannot be treated as a subject governing Health Sciences within the meaning of Section 2 (e) of the Act for the purpose of including the Physical Education Teachers within section 2 (m) of the Act which defines 'teachers' as hereunder:

"2 (m) - "teachers" includes Professors, Readers, Assistant professors, Lecturers and such other persons giving instruction on f