2022 Supreme(Online)(Kar) 36111
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2022
BEFORE
THE HON9BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.10615/2022 (S-RES)
BETWEEN:
DR. SANGAMESH PATIL A
S/O SRI AMARAPPA,
AGED ABOUT 65 YEARS,
R/AT PALLAVI PLOT NO.23,
1ST MAIN, 1ST CROSS,
ULAVI CHANNABASAVESHWARANAGAR,
DHARWAD- 580007.
...PETITIONER
(BY SRI RAVINDRANATH KAMATH, SR.COUNSEL A/W
SRI K GOVINDARAJ, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M S BUILDING,
BENGALURU-560001.
2. THE CHANCELLOR
BANGALORE UNIVERSITY,
RAJ BHAVAN,
BANGALORE-560001.
3. THE REGISTRAR
BANGALORE UNIVERSITY,
2
JNANABHARATI CAMPUS,
BANGALORE-560056.
4. DR. JAYAKAR S.M.
MAJOR BY AGE
VICE CHANCELLOR
BANGALORE UNIVERSITY
JNANABHARATHI NEAR NAGARABHAVI
BANGALORE-560 072.
5. DR. VENUGOPAL K.R.
FORMER VICE CHANCELLOR
BANGALORE UNIVERSITY
NOW R/AT JNANABHARATHI
NEAR NAGARABHAVI
BANGALORE-560 072.
&RESPONDENTS
(BY SRI R SUBRAMANYA, AAG. A/W
SRI M.V. RAMESH JOIS, AGA FOR R1
SRI B.N.AMBRISH, ADV. FOR R2
SRI T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R3-R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
THE IMPUGNED NOTIFICATION IN E-NO. ED/122/UBV/2022
DATED 20.05.2022 PASSED BY THE R-1 VIDE ANNEXURE-E;
QUASHING
THE
IMPUGNED
WRITTEN
COMMUNICATION
PASSED BY THE R-1 ADDRESSED TO R-3 IN COMMUNICATION
BEARING
ED
272
UBV
2022
DATED
20.05.2022
VIDE
ANNEXURE-F AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
3
['RAHAMATHULLA KOTHWAL', '', 'GOVINDARAJ K', 'NAGARALE SANTOSH SUBHASHCHANDRA', 'RAJENDRA KUMAR SUNGAY T P']
The petitioner-former Professor of Chemistry is before
this Court under Article 226 of the Constitution of India,
praying for a writ of certiorari to quash the impugned
notification
bearing
E-No.ED/122/UBV/2022
dated
20.05.2022;
quash
the
impugned
communication
by
respondent No.1 addressed to respondent No.3 bearing No.ED
272 UBV 2022 dated 20.05.2022 (Annexure-F); quash the
impugned advertisement published in the newspapers dated
21.05.2022 (Annexure-G); for a writ of mandamus directing
respondent No.2/University to publish the notification
inviting applications to fill up the post of Vice-Chancellor; to
quash the notification bearing No.GS 11 BUM 2022 dated
11.07.2022 (Annexure-A1) and for a writ of mandamus
directing the respondents not to proceed further in the
selection process of Vice-Chancellor of Bangalore University,
until disposal of the special leave petition pending before the
Hon'ble Supreme Court and for a direction to the second
respondent-University to pay a sum of Rs.2,10,000/- from
4
June 2018 till the petitioner is appointed as Vice-Chancellor
of Bangalore University or till such time as this Court deems
fit in the facts and circumstances of the case.
2.
Heard learned senior counsel Sri.Ravindranath Kamath
along
with
Sri.K.Govindaraj,
learned
counsel
for
the
petitioner;
learned
Additional
Advocate
General
Sri.R.Subramanya along with learned AGA Sri.M.V.Ramesh
Jois
for
respondent
No.1
and
learned
counsel
Sri.B.N.Ambarish, learned counsel for respondent No.2 and
learned
counsel
Sri.T.P.Rajendra
Kumar
Sungay
for
respondent Nos.3 to 5. Perused the writ petition papers.
3.
The brief facts of the case are that, the first respondent-
Government and Chancellor of Universities under notification
dated 12.06.2018 (Annexure-A) in exercise of powers
conferred under sub-Section (4) of Section 14 of the
Karnataka State University Act, 2000 (for short <2000 Act=)
appointed 5th respondent Dr. Venugopal K.R. as Vice-
Chancellor of Bangalore University, Bangalore for a period of
5
4 years with effect from the date of assumption of office or till
he attains the age of 67 years, whichever is earlier. The
petitioner, aggrieved by the said notification appointing 5th
respondent as Vice-Chancellor of Bangalore University was
before this Court in W.P.No.55552/2018 and this Court, by
order dated 24.09.2019 quashed the notification dated
12.06.2019 by which, respondent No.5 was appointed as
Vice-Chancellor of Bangalore University. Aggrieved by the
order of learned Single judge, all the respondents i.e.,
respondent No.5, State Government, Chancellor as well as
University filed W.A.No.3779/2019 and other connected
Appeals. The Division Bench of this Court by its order dated
16.03.2022 dismissed the Writ Appeals affirming the order of
the learned Single judge. Against the order passed by the
learned Single judge as well as judgment of the Division
Bench, 5th respondent approached the Hon'ble Apex Court in
SLP Nos.5254-5256/2022. The Hon'ble Apex Court, by order
dated 04.04.2022 stayed the operation and implementation of
the impugned judgment of the High Court dated 16.03.2022
6
and respondent No.5 continued to function as Vice-
Chancellor of Bangalore University. In the meanwhile, the
term of office of the 5th respondent as Vice-Chancellor of
Bangalore University came to an end on 12.06.2022. Well
before the date of expiry of tenure of 5th respondent as Vice-
Chancellor of Bangalore University, the Government initiated
process of selection of Vice-Chancellor of Bangalore University
by constituting Search Committee under Notification dated
20.05.2022, and also on the same day, issued notification
inviting
applications
from
the
eligible
distinguished
Academicians/Professors. Thereafter, the Hon'ble Supreme
Court on 18.07.2022, disposed of the SLP with an observation
that since the Appellant i.e., respondent No.5 herein, had
served out the entire term as Vice-Chancellor, there would be
no occasion in that event to appoint the fir