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2025 Supreme(Kar) 1067

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R. KRISHNA KUMAR, J.
Prema Kumara K. S/o H.B. Krishnamurthy - Appellant
Versus
State of Karnataka - Respondent
Writ Petition No. 116519 of 2019
Decided On : 18-09-2025

Advocates Appeared:
For the Appellant : P.D. Vishwananth, Ravi Hegde
For the Respondents: Ashok T. Kattimani, J.S. Shetty, Rajashekhar Gunjalli

The court reinforced that annulments of administrative orders require adherence to procedural legitimacy and notification, establishing that discretionary actions should adhere to principles of natural justice, rendering subsequent governmental orders invalid.

Headnote:(A) Karnataka Janapada Vishwavidyala Act, 2011 - Section 8 - Quashing of Government orders repatriating petitioner from service - Decision of the Court reaffirming previous rulings regarding the authority and procedure for such repatriation. The petition challenged the legality of the Government Order dated 22-03-2019, following a history of resolutive decrees boosting the status of the petitioner as Director-cum-Professor which had been annulled. The court upheld the violation of prior norms indicating necessity for governmental publication of management orders affecting individual claimants. (Paras 9-12, 42-46)

Findings of Court:
The respondent's orders issued to reinstate the petitioner to his original post were quashed based on established legal precedents that delegate consistent rules to guide administrative capacities.

Issues: The legislature's use of 'may' in Section 8 denotes directory, not mandatory, requirements and thus creates a discretionary purview regarding enactment. The need for notice to the petitioner prior to any annulment is also underscored.

Ratio Decidendi: Annulments must follow procedural legitimacy and notice cannot be bypassed; the repatriation process lacking governance legitimacy results in quashing prior orders.

Result: Petition allowed; all impugned orders are quashed.

ORDER :

1. In this petition, the petitioner seeks the following reliefs:

(i) Issue the writ in the nature of certiorari or any other writ, order or direction quashing the Government Order No ED 590 UNE 2014 Bengaluru dated 22-03-2019 (Annexure - 'L') passed by the Additional Chief Secretary, Department of Higher Education (Universities) of State of Karnataka (first respondent), the order No KA JA V V/AV/No 1202/2018-19 dated 23-03-2019 (Annexure - 'M') of the Registrar of the Karnataka Janapada Vishwa Vidyalaya (Second respondent) and the endorsement No KA V HAM: KU SA: NI SE B: 2018-19/81 dated 26-03-2019 (Annexure 'P') of the Registrar of Kannada Vishwa Vidyalaya, Hampi (third respondent).

(ii) Declare that the notification Nos KA JA V V No 531/2018-19 dated 22-09-2018 and KA JA V V No 189/2019-20 dated 31-05-2019 (Annexures "X" & "Y" respectively) issued by the Karnataka Janapada Vishwa Vidyalaya (second respondent) inviting application for the post of "Senior Research Officer" is concerned is unsustainable.

(iii) Direct the first and second respondent to reinstate the petitioner to the post of "Senior Research Officer" in the Karnataka Janapada Vishwa Vidyalaya (second respondent) with continuity of service, arrears of salary and all consequential benefits;

Or in the alternative

Direct the first and third respondents to reinstate the petitioner to the post of "Deputy Registrar" in the Kannada Vishwa Vidyalaya, Hampi (third respondent) with continuity of service, arrears of salary and all consequential benefits;

(iv) Pass such other and further orders in favour of the petitioner in the facts and circumstances, in the interest of justice and equity.

2. A perusal of the material on record will indicate that the petitioner was initially working in the 3rd respondent, Kannada University, Hampi from May, 2003 was deputed as a ‘Senior Research Officer’ to the 2nd respondent, Kannada Janapada University, Shiggaon vide order dated 04.07.2012. Subsequently, on 11.04.2014, the 2nd respondent, University recommended/proposed the petitioner to be appointed to the post of ‘Director Cum Professor’ to the Centre for Folklore Translations and resolution in this regard was passed by the 2nd respondent/University approving the recommendation/proposal of the Registrar. Subsequently, vide order dated 12.06.2014, the petitioner was appointed as a ‘Director Cum Professor’ to the Center for Folklore Translations. However on 07.05.2015, the 1st respondent/State passed an order canceling/rescinding the Syndicate Resolution dated 11.04.2014 thereby withdrawing the order of deputation of the petitioner from the 3rd respondent/University to the 2nd respondent/University and consequently repatriating the petitioner from the 2nd respondent/University to the 3rd respondent/University.

3. Aggrieved by the said order dated 07.05.2015, the petitioner approached this Court in W.P.No.21841/2015, which was dismissed vide final order dated 19.01.2018 by the learned Single Judge. Aggrieved by the said order passed by the learned Single Judge, the petitioner preferred an appeal in W.A.No.100013/2018, which was partly allowed by the Division Bench of this Court on 30.10.2018 by setting aside the order of repatriation and withdrawal of the order of deputation passed by the 1st respondent/State on 07.05.2015 by issuing certain directions in this regard.

4. It is a matter of record and an undisputed fact that the aforesaid order dated 30.10.2018 passed by the Division Bench of this Court in W.A.No.100013/2018 has attained finality and become conclusive and binding upon respondent Nos.1 to 3.

5. Despite the aforesaid facts and circumstances, the 1st respondent proceeded to issue the impugned Government Order (GO) dated 22.03.2019 once again repatriating the petitioner to his parent University/respondent No.3, aggrieved by which, the petitioner is before this Court by way of the present petition putting forth various contentions including subsequent events that have transpired af

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