Case Note & Summary
The present appeals arise out of an interim order dated 04.12.2021 passed by a learned Single Judge of the High Court of Karnataka in W.P. No. 104236/2021. The appellants, the University of Agricultural Sciences, Dharwad, and its Board of Management, challenged the order whereby the Single Judge directed the University to maintain status quo in respect of the in-charge positions held by the respondent-teachers. The respondents, including Dr. Ishwarappa Shivaputrappa Katageri and others, were teachers who had been appointed to various in-charge positions such as Associate Director of Research, Director of Research, Chief Librarian, and Heads of Departments. The University, without issuing any show-cause notice or affording an opportunity of hearing, passed orders reverting them to their substantive posts. Aggrieved, the teachers filed the writ petition seeking quashing of the reversion orders and for continuation in their in-charge positions. The Single Judge, after hearing both sides, granted interim relief directing status quo. The University appealed, contending that the in-charge appointments were purely temporary and could be terminated at any time without notice. The Division Bench, after considering the submissions, held that the principle of natural justice requires that the teachers be heard before being reverted, especially since they had held the in-charge positions for considerable periods. The Court found that the teachers had made out a prima facie case, the balance of convenience was in their favour, and irreparable injury would be caused if the interim order was not granted. The appeals were dismissed, and the interim order of the Single Judge was upheld.
Headnote
A) Service Law - Reversion from In-charge Post - Natural Justice - The University reverted teachers from in-charge positions without affording them an opportunity of hearing. The Court held that such reversion without notice and hearing is arbitrary and violative of principles of natural justice. The interim order of status quo granted by the Single Judge was upheld. (Paras 1-10)
B) Constitutional Law - Article 14 - Arbitrariness - The action of the University in reverting the teachers was found to be arbitrary and without any rational basis. The Court observed that the University's decision was taken in haste and without following due process. (Paras 5-8)
C) Civil Procedure - Interim Relief - Prima Facie Case - The Court held that the teachers had made out a prima facie case for grant of interim relief as they were holding in-charge positions for a long period and their reversion would cause irreparable injury. The balance of convenience was also in their favour. (Paras 6-9)
Issue of Consideration
Whether the learned Single Judge was justified in granting interim relief to the respondent-teachers by directing the University to maintain status quo in respect of their in-charge positions, pending disposal of the writ petition.
Final Decision
The Division Bench dismissed both writ appeals and upheld the interim order of the learned Single Judge directing the University to maintain status quo in respect of the in-charge positions of the respondent-teachers.
Law Points
- Natural justice
- Right to be heard
- Arbitrariness
- Article 14
- Service law
- Reversion from in-charge post
- Interim relief
- Prima facie case
- Balance of convenience
- Irreparable injury
Case Details
2022 LawText (KAR) (07) 8
Writ Appeal No.100030 of 2022 (S-RES) C/W Writ Appeal No.100076 of 2022 (S-RES)
Justice Krishna S. Dixit, Justice P. Krishna Bhat
Sri. Pramod Kathavi, Senior Counsel for Sri. Ramachandra A Mali, Advocate (for appellants); Sri. Prashant Mogali, HCGP for R1; Sri. L. Venkatarama Reddy & Sri. Prashant S. Kadadevar, Advocates for R2 & R3
The University of Agricultural Sciences, U.A.S. Dharwad, Rep. by its Registrar, Sri. Virupaxappa R Kiresur and The Board of Management, The University of Agricultural Sciences, U.A.S. Dharwad, Rep. by its Member Secretary, Sri Virupaxappa R Kiresur
State of Karnataka, Rep. by its Principal Secretary, Dept of Agriculture, M S Building, Bengaluru; Ramanagouda V Patil; The Association of Teachers Welfare Society; Dr. Ishwarappa Shivaputrappa Katageri; Dr. Parameshgouda Lavanagouda Patil; Dr. Hanumantraya Bhimaraya Babalad; Dr. (Mrs) Sarojani Karakannavar; Dr. Shamarao Jahagirdar
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Nature of Litigation
Writ appeals against an interim order passed by a learned Single Judge in a writ petition challenging reversion orders of teachers from in-charge positions.
Remedy Sought
The appellants (University) sought to set aside the interim order of status quo granted by the Single Judge and to dismiss the writ petition.
Filing Reason
The University reverted the respondent-teachers from their in-charge positions without affording them an opportunity of hearing, which the teachers challenged as arbitrary and violative of natural justice.
Previous Decisions
The learned Single Judge had passed an interim order dated 04.12.2021 directing the University to maintain status quo in respect of the in-charge positions of the teachers.
Issues
Whether the learned Single Judge was justified in granting interim relief to the respondent-teachers by directing the University to maintain status quo in respect of their in-charge positions, pending disposal of the writ petition.
Submissions/Arguments
The appellants argued that the in-charge appointments were purely temporary and could be terminated at any time without notice, and that the Single Judge erred in granting interim relief.
The respondents contended that the reversion was arbitrary and without following principles of natural justice, and that they had a prima facie case for continuation in their in-charge positions.
Ratio Decidendi
The principle of natural justice requires that a person be heard before being reverted from an in-charge position, especially when the person has held the position for a considerable period. The action of the University in reverting the teachers without notice and hearing was arbitrary and violative of Article 14 of the Constitution. The teachers had made out a prima facie case, the balance of convenience was in their favour, and irreparable injury would be caused if the interim order was not granted.
Judgment Excerpts
The principle of natural justice requires that a person be heard before being reverted from an in-charge position.
The action of the University in reverting the teachers without notice and hearing was arbitrary and violative of Article 14 of the Constitution.
Procedural History
The respondent-teachers filed W.P. No. 104236/2021 before the High Court of Karnataka challenging the reversion orders. The learned Single Judge passed an interim order on 04.12.2021 directing status quo. The University filed Writ Appeal No.100030/2022 and connected appeal against the interim order. The Division Bench heard the appeals and dismissed them on 14.07.2022, upholding the interim order.
Acts & Sections
- Karnataka High Court Act: Section 4
