The appointment process must adhere to statutory provisions based on seniority, and temporary appointments cannot undermine established legal frameworks.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India seeking to review the order dated 20.12.2023 passed in W.P.No.25376/2023 (S-RES) at Annexure-H, insofar as the direction regarding appointment of Dr.T.G.Umesh, respondent No.3 herein, as Chairman of the Department of Botany, Bangalore University, for the period commencing from 01.07.2025 for a period of two years.

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2. The brief facts of the case:

As per Section 34(5) of the KARNATAKA STATE UNIVERSITIES ACT , 2000 (for short ‘the Act’), each Department of Studies shall have a Chairman, who shall also be the Chairman of the Departmental Council. As per Section 34(7) of the Act, the Chairman shall be appointed by the Syndicate for a term of two years, or for such other term as the Syndicate may determine from time to time. As per the Statute of respondent No.2-University, pertaining to the Appointment of Chairman, Department of Studies/Department of Council by Rotation, the Chairman of each Department of Studies/Department of Council shall be appointed for a period of two years on rotation in the order of seniority. In respect of Department of Botany, Dr.L.Rajanna (petitioner herein) was appointed as Chairman from 02.07.2016 to 01.07.2018, Dr.V.Shivaram was appointed from 02.07.2018 to 03.06.2020 and Mr.T.G.Umesh (respondent No.3 herein) was appointed from 05.07.2019 to 04.07.2021 as incharge. Thereafter, Dr.C.Maya was appointed from 29.07.2021 to 26.07.2023. Being aggrieved by the appointment of Dr.C.Maya as Chairman, the Dr.T.G.Umesh filed W.P.No.14184/2021. This Court by order dated 14.07.2023 has allowed the said writ petition and set aside the resolution of the Syndicate appointing Dr.C.Maya as Chairman of Department of Botany on the ground that Mr.T.G.Umesh (respondent No.3) herein is senior to Dr.C.Maya and he has worked from 05.07.2019 to 04.07.2021 as incharge Chairman and since it was not a regular appointment, the Court directed the respondent University to consider the case of Dr.T.G.Umesh as regular Chairman of respondent-University, in accordance with law. In the meantime, the University has appointed Dr.H.R.Raveesha (respondent No.4 herein) as Chairman of Department of Botany on 13.10.2023. Thereafter, Dr.T.G.Umesh has given representation contending that in view of the direction issued by this Court in W.P.No.14184/2021, he should be appointed as Chairman. On consideration of his representation and in terms of the direction issued by this Court, Dr.T.G.Umesh has been appointed as Chairman by order dated 13.10.2023. Being aggrieved by the same, Dr.H.R.Raveesha filed review petition before this Court in R.P.No.486/2023 and this Court by order dated 10.11.2023 disposed of the writ petition reserving liberty to the review petitioner to challenge the order dated 13.10.2023 before the competent forum. Thereafter, Dr.H.R.Raveesha filed W.P.No.25376/2023. This Court by order dated 20.12.2023 disposed of the writ petition and quashed the appointment of Dr.T.G.Umesh as Chairman and directed the University to continue Dr.H.R.Raveesha as Chairman till 30.06.2025 and thereafter, shall appoint Dr.T.G.Umesh as Chairman for a period of two years from 01.07.2025 to 30.06.2027. Pursuant to the directions of this Court passed in W.P.No.25376/2023, Dr.T.G.Umesh has been appointed as Chairman of Department of Botany. Being aggrieved by the same, the petitioner herein has filed this present writ petition seeking review of the order dated 20.12.2023 passed in W.P.No.25376/2023, wherein a specific direction has been issued to the University to appoint Dr.T.G.Umesh as Chairman of Department of Botany from 01.07.2025 for a period of two years.

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3. The learned counsel for the petitioner has contended that as