Case Note & Summary
The petitioner, Dr. C. Shivaraju, was serving as Registrar (Evaluation) at Bangalore University. He challenged the notification dated 20.02.2020 issued by the State Government (respondent No.1) appointing respondent No.3, Dr. K. Ramakrishna Reddy, as Registrar (Evaluation) in his place. The petitioner contended that the appointment was made in violation of the Karnataka State Universities Act, 2000 and the University Statutes, which prescribe a specific procedure for appointment to the post of Registrar (Evaluation). The Court heard the learned Senior Counsel for the petitioner, the learned Senior Counsel for the caveator/respondent No.3, the learned Senior Counsel for respondent No.2 (Bangalore University), and the learned Additional Government Advocate for respondent No.1. The Court noted that the matter was listed for consideration of I.A.No.1/2020 for vacating the interim order granted on 26.02.2020, but since the issue was short, the writ petition was taken up for final disposal. The Court found that the impugned notification was issued without following the statutory procedure and quashed the same. The Court did not delve into other issues as the petition was disposed of on this short point. The decision was in favor of the petitioner.
Headnote
A) Service Law - Appointment to Statutory Post - Compliance with University Statutes - The appointment of respondent No.3 as Registrar (Evaluation) was made by the State Government without following the procedure prescribed under the Karnataka State Universities Act, 2000 and the Bangalore University Statutes. The Court held that the notification was issued in violation of the statutory provisions and quashed the same. (Paras 2-5)
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The High Court exercised its writ jurisdiction to quash the impugned notification as it was issued without authority of law and in contravention of the statutory scheme governing the appointment. (Paras 1-5)
Issue of Consideration
Whether the appointment of respondent No.3 as Registrar (Evaluation) of Bangalore University by the State Government vide notification dated 20.02.2020 is valid and in accordance with the provisions of the Karnataka State Universities Act, 2000 and the University Statutes.
Final Decision
The writ petition is allowed. The impugned notification dated 20.02.2020 (Annexure-J) is quashed. All consequential benefits to follow.
Law Points
- Statutory interpretation
- Appointment to statutory post
- Compliance with University Statutes
- Quashing of government notification
- Writ jurisdiction under Article 226
Case Details
2020 LawText (KAR) (03) 23
P.S. Rajagopal (Senior Advocate for petitioner), Jayanth Dev Kumar (Advocate for petitioner), M.V. Ramesh Jois (AGA for R1), Madhusudhan R. Naik (Senior Advocate for R2), T.P. Rajendra Kumar Sungay (Advocate for R2), D.N. Nanjunda Reddy (Senior Advocate for C/R3), Vijaya Simha Reddy (Advocate for C/R3)
State of Karnataka, Bangalore University, Dr. K. Ramakrishna Reddy
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a government notification appointing respondent No.3 as Registrar (Evaluation) of Bangalore University.
Remedy Sought
Quashing of the notification dated 20.02.2020 (Annexure-J) and grant of all consequential benefits.
Filing Reason
The petitioner, who was serving as Registrar (Evaluation), was aggrieved by the appointment of respondent No.3 in his place allegedly in violation of the Karnataka State Universities Act, 2000 and University Statutes.
Previous Decisions
An interim order was granted by the Court on 26.02.2020, and I.A.No.1/2020 was filed for vacating that interim order.
Issues
Whether the appointment of respondent No.3 as Registrar (Evaluation) by the State Government is valid and in accordance with the Karnataka State Universities Act, 2000 and University Statutes?
Submissions/Arguments
Petitioner argued that the appointment was made without following the statutory procedure.
Respondents argued for the validity of the notification.
Ratio Decidendi
The appointment to the post of Registrar (Evaluation) must be made in accordance with the provisions of the Karnataka State Universities Act, 2000 and the University Statutes. Any appointment made in violation of the statutory scheme is liable to be quashed.
Judgment Excerpts
Though the petition is listed for consideration of I.A.No.1/2020 praying for vacating the interim order granted by this Court on 26.02.2020, the matter is taken up for disposal in view of the short point on which the writ petition can be disposed of.
The petitioner is before this Court being aggrieved by the Notification produced and marked as Annexure-J to the writ petition bearing No.ED 22 UBV 2020 dated 20.02.2020, whereby respondent No.3, who is officiating as Associate Professor in the Department of Studies and Research in Chemistry, Government Science College (Autonomous), Bengaluru, is appointed as Registrar (Evaluation) of Bangalore University.
Procedural History
The writ petition was filed on an unspecified date. An interim order was granted on 26.02.2020. I.A.No.1/2020 was filed by the respondents to vacate the interim order. The matter was taken up for final disposal on 04.03.2020.
Acts & Sections
- Karnataka State Universities Act, 2000:
- Constitution of India: Article 226
