The main legal point established in the judgment is the importance of 'concurrence' of the State Government for the appointment of a Vice Chancellor under Section 14(4) of the Karnataka State Universities Act, 2000, and the contemporaneous nature of 'concurrence'. The court emphasized that any ratification cannot cure the defects and validate the invalid action.

JUDGMENT

S. Sujatha, J. - Since common and akin issues are involved, the matters are heard together and disposed of, by this common judgment.

2. These intra Court appeals are filed against the order dated 24.9.2019 passed by the learned Single Judge in W.P. No. 55552/2018, whereby the learned Single Judge has allowed the writ petition filed by Dr. Sangamesh Patil A, setting aside the notification dated 12.6.2018, by which Professor Venugopal K.R., was appointed as the Vice Chancellor of Bangalore University.

3. The petitioner - Dr. Sangamesh Patil A., claiming to be the Professor in the discipline of Industrial Chemistry, Gulbarga University, Gulbarga, has filed the writ petition challenging the appointment of Dr. K.R. Venugopal as the Vice Chancellor of Bengaluru University.

4. It transpires that the Search Committee had recommended a panel of three names including the petitioner for selection to the post of Vice Chancellor, Bengaluru University, as per the decision taken on 11.5.2017. The Hon'ble Chancellor appointed Professor Venugopal K.R., as Vice Chancellor of Bengaluru University. This appointment of Professor Venugopal K.R., was challenged in the writ petition on the ground that the same is in blatant violation of the provisions of Section 14(4) of the Karnataka State Universities Act, 2000 ('Act' for short) for want of concurrence of the State Government placing reliance on the Co-ordinate Bench decision of this Court in the case of the State of Karnataka, rep., by its Principal Secretary, Higher Education Department v. Dr. Shivayogeppa B. Hinchigeri and others, reported in ILR 2015 KAR 81. It was contended that the Deputy Secretary to Government had forwarded a communication to the Registrar, Bengaluru University, to rescind the order of appointment of Professor Venugopal K.R., to the post of Professor/Vice Chancellor since the Director, Backward Tribe Department has sent a communication to the Principal Secretary, Social Welfare Department, alleging false caste certificate obtained by said Professor Venugopal K.R., on the basis of which he was appointed to the post of Professor.

5. Respondent Nos. 1 and 2 had filed the statement of objections. Considering the same, the writ petition came to be disposed of placing reliance on the Division Bench ruling of this Court in Dr. Shivayogeppa B. Hinchigeri, supra, observing that the Court is conscious of the fact that the writ petition has been heard without the objections of the respondent Nos. 3 and 4. Accordingly, quashed the notification dated 12.6.2018 - the appointment order of Professor Venugopal K.R., as Vice Chancellor. Being aggrieved, WA. No. 3779/2019 is filed by the Bengaluru University; WA. No. 3839/2019 is filed by the Hon'ble Chancellor of Bengaluru University; WA. No. 3780/2019 is filed by Professor Venugopal K.R.; and WA. No. 3909/2019 is filed by the State.

6. Learned Senior Counsel Sri Aditya Sondhi appearing for the Hon'ble Chancellor of Bengaluru University (appellant in WA. No. 3839/2019) argued that the Search Committee was constituted as per Section 14(2) of the Act to select a panel of three names of eminent academicians for selection of a Vice Chancellor. The Search Committee has submitted the names to the State Government which was submitted to the Hon'ble Chancellor, who was required to appoint one person from the panel as a Vice Chancellor keeping in view merit, equity and social justice and with the concurrence of the State Government. As the State Government has not concurred with the appointment of Professor Venugopal K.R., who was selected by the Hon'ble Chancellor, proviso to Section 14(4) of the Act was attracted. In terms of the said proviso, Hon'ble Chancellor with the concurrence of the State Government had called for a second panel. The name of Professor Venugopal K.R. was selected. Hon'ble Chancellor had issued a notification dated 12.6.2018 appointing Professor Venugopal K.R., as the Vice Chancellor of the Bengaluru University for a period