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2023 Supreme(Online)(KAR) 22803
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2023 PRESENT THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION No.21681 OF 2022(S-RES-PIL)
C/W WRIT PETITION No.23349 OF 2022 (S-RES-PIL)
IN W.P.NO.21681/2022:
BETWEEN:
PROF. B. SHIVARAJ., S/O C L BORE GOWDA, AGED ABOUT 66 YEARS, FORMER PROFESSOR AND FORMER ACTING VICE CHANCELLOR, MYSURU UNIVERSITY, R/AT NO.691, DOUBLE ROAD, SARASWATHI PURAM, Digitally signed MYSURU-570 009.
by SHARADA PAN No.AHWPS5690P, VANI B AADHAR No.402354628900 Location: HIGH MOB:9845250367.
COURT OF KARNATAKA ...PETITIONER (BY SRI.NARAYANA BHAT., ADVOCATE FOR SRI.MANJUNATH K V., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPT OF HIGHER EDUCATION, M S BUILDING, 6TH FLOOR, BENGALURU-560 001.
2 . THE CHANCELLOR, VISVESVARAYA TECHNOLOGICAL UNIVERSITY RAJ BHAVAN, RAJ BHAVAN ROAD, BENGALURU-560 001.
3 . VIDYASHANKAR S, VICE CHANCELLOR, VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, BELAGAVI-590 018.
4 . THE VICE CHANCELLOR, VISVESVARAYA TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA, BELAGAVI-590 018.
5 . VISVESVARAYA TECHNOLOGICAL UNIVERSITY REP BY ITS REGISTRAR JNANA SANGAMA BELAGAVI-590 018.
6 . SEARCH COMMITTEE REP BY ITS CONVENER AND SPECIAL SECRETARY TO THE GOVERNOR, RAJ BHAVAN, RAJ BHAVAN ROAD, BENGALURU-5460001.
7 . UNIVERSITY GRANTS COMMISSION, REP BY ITS CHAIRMAN, BAHADURSHAH ZAFAR MARG, NEW DELHI-110 002.
8 . UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT, SHASTRI BHAVAN, NEW DELHI-110 001.
…RESPONDENTS (BY SRI. VIKRAM HUILGOL., AAG FOR R1;
SRI.SANTHOSH S NAGARALE., ADVOCATE FOR R-2 & R-6;
SRI.UDAYA HOLLA., SENIOR ADVOCATE FOR SRI.ABHISHEK KUMAR., ADVOCATE FOR R3;
R4 SERVED & UNREPRESENTED;
SRI. M P SRIKANTH., ADVOCATE FOR R5;
SRI.SHOWRI H R., ADVOCATE FOR R7;
SRI.POOJAPPA J., ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF QUO-WARRANTO OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION REMOVING THE 3RD RESPONDENT FROM THE POST OF VICE CHANCELLOR OF VISVESVARAYA TECHNOLOGICAL UNIVERSITY, BELAGAVI, KARNATAKA AS THE SAID APPOINTMENT IS VIOLATIVE OF UGC REGULATION ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTAINENCE OF STANDARDS IN HIGHER EDUCATION, 2018 DATED 18/07/2018 PRODUCED AT ANNEXURE-C AND SEC.13 OF THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY ACT 1994 AN EXTRACT OF WHICH IS PRODUCED AT ANNEXURE-C1 AND ALSO OPPOSED TO THE LAW LAID DOWN BY THE HON BLE APEX COURT PRODUCED AT ANNEXURE-B AND ANNEXURE-B1 RESPECTIVELY AND ARTICLE 14 OF THE CONSTITUTION AND ETC., IN W.P.NO.23349/2022:
BETWEEN:
DR. K. MAHADEV, S/O KENCHE GOWDA, AGED 77 YEARS, R/T NO 2989, 2ND MAIN ROAD, V V MOHALLA, MYSURU 570 002.
PAN No.AARPM2543B AADHAR No.4744 1852 9380.
…PETITIONER (BY SRI. NARAYANA BHAT., ADVOCATE FOR SRI. MANJUNATH K V.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPT OF HIGHER EDUCATION, M S BUILDNG, 6TH FLOOR, BENGALURU 560 001.
2. THE CHANCELLOR, VIVSVESVARAYA TECHONOLIGICAL UNIVERSITY RAJ BHAVAN, RAJ BHVAN ROAD, BENGALURU 560 001. 3. VIDYASHANKAR S VICE CHANCELLOR VISVESVARAYA TECHNOLOGICAL UNIVERSTIY JNANA SANGAMA, BELAGAVI 590 018.
4. THE VICE CHANCELLOR, VISVESVARAYA TECHNOLOGICAL UNIVERSTIY, JNANA SANGAMA, BELAGAVI 590 018.
5. VISVESVARAYA TECHNOLOGICAL UNIVERISTY REP BY ITS REGISTRAR JNANA SANGAMA, BELAGAVI 590 018.
6. SEARCH COMMITTEE REP BY GOVERNOR AND SPECIAL SECRETARY TO THE GOVERNOR, RAJ BHAVAN, RAJ BHAVAN ROAD, BENGALURU 560 001.
7. UNIVERSITY GRANTS COMMISSIONER, REP BY ITS CHAIRMAN, BAHADURSHAH ZAFAR MARG, NEW DELHI 110 002. 8. UNION OFINDIA, REP BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASHTRI BHAVAN, NEW DELHI 110 001.
…RESPONDENTS (BY SRI.VIKRAM HUILGOL., AAG FOR R1;
R2 ,R4 & R8 ARE SERVED AND UNREPRESENTED;
SRI.UDAYA HOLLA., SENIOR ADVOCATE FOR SRI. ABHIKSHEK KUMAR., ADVOCATE FOR R3;
SRI.M P SRIKANTH., ADVOCATE FOR R5;
SRI. SANTHOSH S NAGARALE., ADVOCATE FOR R6;
SRI. SHOWRI H R., ADVOCATE FOR R7;
SRI. POOJAPPA J., CGC FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF THE 2ND RESPONDENT AND GRANT THE FOLLOWING RELIEFS a)ISSUE WRIT OF QUO-WARRANTO OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION REMOVING THE 3RD RESPONDENT FROM THE POST OF VICE CHANCELLOR OF VISVESVARAYA TECHNOLOGICAL UNIVERSITY, BELAGAVI, KARNATAKA AS THE SAID APPOINTMENT IS VIOLATIVE OF UGC REGULATION OF MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018 DATED 18/07/2018 PRODUCED AT ANNEXURE-C AND SEC.13 OF THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY ACT 1994 AN EXTRACT OF WHICH IS PRODUCED AT ANNEXURE-C1 AND ALSO OPPOSED TO THE LAW LAID DOWN BY THE HON’BLE APEX COURT PRODUCED AS ANNEXURE-B AND ANNEXURE-B1 RESPECTIVELY AND ARTICLE 14 OF THE CONSTITUTION.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, CHIEF JUSTICE PRONOUNCED THE FOLLOWING:
ORDER
1. These two petitions invoke the PIL jurisdiction of this Court essentially for a writ of quo warranto for the removal of 3rd respondent from the office of Vice Chancellor of the
5th respondent –University.
2. Learned counsel appearing for the petitioners argued that the subject appointment is liable to be voided for the following reasons:
(i) The Search Committee was wrongly constituted inasmuch as two of its members were associated with the affairs of the respondent–University and there was no UGC nominee in the said Committee.
(ii) The 3rd respondent appointee lacked requisite qualification both in terms of Section 13 of the Visvesvaraya Technological University Act, 1994 and the ‘UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018’. His academic performance was very bad.
(iii) The 3rd respondent does not have good credentials as are required for the high office of the Vice Chancellor of a University and that he has some criminal antecedents too. In support of his submission, he pressed into service certain Rulings of the Apex Court.
3. After service of notice, the State has entered appearance through the learned Additional Government Advocate; the Chancellor of the University & the University are represented by their Panel Advocates; and the 3rd respondent against whom a Writ of Quo Warranto is sought for is represented by his private counsel. The Chancellor of the University and the University together have filed a common Statement of Objections on 15.03.2023. The 3rd respondent has filed an application in I.A.No.1/2023 for the rejection of the writ petitions. The respondent–UGC spoke through its panel counsel. The UOI is represented by the learned CGC. All the learned advocates appearing for the answering respondents vehemently opposed the petitions making submission in justification of the appointment to the office in question.
The contesting respondents too have relied upon a few Rulings in support of their stand.
4. Having heard the learned counsel for the parties and having perused the petition papers, we are not inclined to grant indulgence in the matter for the following reasons:
(I) FOUNDATIONAL FACTS OF THE CASE AS EMERGING FROM THE RECORD:
(a) The vacancy in the office of the Vice Chancellor of the respondent-VTU having occurred, the Search Committee came to be constituted vide Chancellor’s Order dated 10.08.2022 issued u/s 13(3) of the VTU Act, 1994. It comprised of 4 persons viz., Dr.Himamshu Rai (Director, IIM, Indoor), Prof. M.S.Shivakumar (former Vice Chancellor, CMR University), Prof. Krupa Shankar (former Vice Chancellor of Uttara Pradesh Technical University) and Sri Jitendra P. Nayak (Executive Director, Sujirkar’s Group, Hubli). The Special Secretary to Governor was appointed as the Convener of the Committee. Applications were invited for the post of Vice Chancellor vide Notification dated 10.08.2022. This Notification came to be followed by another Notification dated 16.08.2022. The last date for filing of the applications/nominations was
06.09.2022.
(b) Several candidates including the 3rd respondent in these petitions had staked their claim. The Committee having held deliberations concluded the selection proceedings vide report dated 24.09.2022 short-listing names of three of the persons in the fray. These were Prof. Anand Deshpande (the then sitting Registrar of VTU), Prof. Gopal Mugeraya (the Director of NIT, Goa) and Prof. S.Vidyashankar i.e., 3rd respondent herein (the then sitting Vice Chancellor of KSOU, Mysuru). The Chancellor issued the Notification dated 29.09.2022 appointing the 3rd respondent as the Vice Chancellor of the respondent–
University.
(c) The case in W.P.No.21681/2022 has been filed by Prof. B.Shivaraj on 31.10.2022 and the companion case in W.P.No.23349/2022 has been filed by Dr.K.Mahadev on
21.11.2022. Both these cases are represented by th
