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2020 Supreme(Kar) 1296
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
John Michael Cunha, J.
A. Rangaswamy - Appellant
Versus
State Of Karnataka Department Of Higher Education (universities), M S Building, Bangalore - Respondent
Writ Petition No. 8728 of 2020
Decided On : 07-09-2020
Shivarudra, Advocate, Prabhuling K Navadgi, Advocate, Pramodhini Kishan, Advocate, M.P. Srikanth, Advocate
The main legal point established in the judgment is the unauthorized, mala fide, and obliquely motivated remarks made by respondent No.4, and the subsequent direction for an enquiry against the 4th respondent and reconsideration of the petitioner's candidature independently on its merit.
Headnote:
Mala Fide - Vice Chancellor Selection - Karnataka State Open University Act, 2000, Section 14 - The court held that the remarks made by respondent No.4 in his letter dated 9.3.2020 while forwarding the applications of the petitioner for the post of Vice Chancellor to Karnataka Rajya Dr. Gangubai Hanagal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya, Mysore and Gulbarga University, Kalaburgi to the effect that the Committee to hold disciplinary enquiry has been constituted and the said enquiry pending is unauthorized, mala fide and obliquely motivated. The appointing authority/Disciplinary authority of Respondent No.4 is directed to hold an enquiry against the 4th respondent for having made false and misleading remarks against the petitioner while forwarding the applications of the petitioner for the posts of Vice Chancellor to Karnataka Rajya Dr. Gangubai Hanagal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya, Mysore and Gulbarga University, Kalaburgi, vide Annexure-'L' and take appropriate action as per the rules governing the appointment of respondent No.4. Respondent Nos.1 to 3 are directed to reconsider the candidature of the petitioner independently on its merit without being influenced by the remarks made by the 4th respondent, for the posts of Vice Chancellor of Karnataka Rajya Dr. Gangubai Hanagal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya, Mysore and Gulbarga University, Kalaburgi.
Fact of the Case:
The petitioner, an aspirant for the post of Vice Chancellor to Karnataka Rajya Dr. Gangubai Hanagal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya, Mysore and Gulbarga University, Kalaburgi, alleged that false and misleading remarks were made against him by the 4th respondent, with mala fide intention to keep him out of the fray.
Finding of the Court:
The court found that the remarks made by respondent No.4 were unauthorized, mala fide, and obliquely motivated. The appointing authority/Disciplinary authority of Respondent No.4 was directed to hold an enquiry against the 4th respondent for making false and misleading remarks. Respondent Nos.1 to 3 were directed to reconsider the candidature of the petitioner independently on its merit without being influenced by the remarks made by the 4th respondent.
Issues: The issues revolved around the unauthorized and mala fide remarks made by respondent No.4, the impact of these remarks on the selection process, and the appropriate action to be taken against the 4th respondent.
Ratio Decidendi: The court held that the remarks made by respondent No.4 were unauthorized, mala fide, and obliquely motivated, and directed the appointing authority/Disciplinary authority of Respondent No.4 to hold an enquiry against the 4th respondent for making false and misleading remarks. It also directed Respondent Nos.1 to 3 to reconsider the candidature of the petitioner independently on its merit without being influenced by the remarks made by the 4th respondent.
Final Decision: The petition was allowed, and appropriate actions were directed against the 4th respondent. Respondent Nos.1 to 3 were directed to reconsider the candidature of the petitioner independently on its merit without being influenced by the remarks made by the 4th respondent.
JUDGMENT
John Michael Cunha, J. - Heard learned counsel for petitioner, learned Advocate General for respondent Nos.1 to 3 and learned counsel for respondent Nos.4 and 5.
2. Petitioner is an aspirant for the post of Vice Chancellor to Karnataka Rajya Dr. Gangubai Hanagal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya, Mysore and Gulbarga University, Kalaburgi. These posts were notified to be filled by selection vide notifications dated 19.02.2020 and 27.02.2020 (Annexures-'B' and 'C') respectively.
3. Petitioner claims to be eligible and suitable for the above posts as he has vast administrative as well as academic expertise in the field of education and also has successfully guided eight Ph.D. candidates and three M.Phil. candidates, apart from having involved in Kannada literature and has been a renowned educationist in the field of Music and performing Arts and is fully qualified and eligible to hold the post of Vice Chancellor in any Universities in the State of Karnataka. According to the petitioner, he is the senior most Professor and Chairman of Department of Studies and Research in Kannada at the 5th respondent University, having put in more than 11 years of service with unblemished records and has held several administrative/academic/literary posts in the University and other organizations such as the Registrar of Karnataka Rajya Dr. Gangubai Hanagal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya, Mysore, Registrar (Evaluation) of Karnataka State Open University, Mysore and has been the Chairman of Board of Studies of P.G. Research Board from 2018 till date as per the details furnished in the petition.
4. The grievance of the petitioner is that, pursuant to the notifications vide Annexures-B and C, he submitted his applications in the prescribed forms through proper channel within the last date specified in the said notifications, by enclosing all the relevant documents required for the same as per applications dated 04.03.2020 and 10.03.2020 (Annexures- 'D' and 'E'). The fourth respondent who was then the Registrar of Karnataka State Open University, Mysore was required to forward these applications to the respective Universities. However, during the second week of May 2020, it came to the notice of the petitioner that the fourth respondent while forwarding the applications of the petitioner, in his covering letter dated 09.03.2020, wrongly mentioned that a committee was constituted for departmental enquiry against the petitioner and the said enquiry is pending, though no committee was constituted and no departmental enquiry was pending against the petitioner as on the said date. According to the petitioner, the 4th respondent who was then working the Registrar of Karnataka State Open University, Mysore in which petitioner was working as senior Professor was also one of the aspirants for the said post and he had also made applications for the same and hence, the 4th respondent deliberately and with mala fide intention to keep away the candidature of the petitioner made the above false and misleading remarks.
5. It is further averred that the action of the 4th respondent clearly establishes his mala fide intention and apprehension that if the petitioner is in the fray, he may not get the chance, considering the status of the petitioner, his expertise in the field of administration, academic and performing arts and other activities and hence on coming to know about the above remarks, the petitioner made a representation dated 23.06.2020 addressed to the Vice Chancellor and also the members of the Board of Management of the Karnataka State Open University, Mysore about the misleading remarks made by the 4th respondent while forwarding his applications. The 5th respondent refused to accept the said representation submitted by hand and hence petitioner had to send copies of the same through registered post vide Annexures-'J' and 'J1'.
6. That being the case, petitioner was surprised to receive a show-cause noti
