Case Note & Summary
The petitioner, Dr. K. Janardhanam, a professor with 32 years of service and a member of the Scheduled Caste, was appointed as Registrar (Evaluation) of Bangalore North University. Within less than a year, the State Government issued an order dated 8.1.2020 removing him from the post. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution of India. The main legal issue was whether the removal order was valid when the State Government had not consulted the University as required under Section 14(3) of the Karnataka State Universities Act, 2000. The petitioner argued that the order was arbitrary, unreasonable, and vindictive. The State Government defended the order, but the court found that the statutory requirement of consultation was mandatory and not merely directory. Since there was no consultation with the University, the removal order was held to be illegal and arbitrary. The court quashed the impugned order and directed the respondents to reinstate the petitioner to the post of Registrar (Evaluation) with all consequential benefits. The writ petition was allowed.
Headnote
A) Service Law - Removal from Office - Statutory Consultation - Section 14(3) Karnataka State Universities Act, 2000 - The petitioner, a professor and Registrar (Evaluation), was removed by the State Government within a year of appointment without consulting the University. The court held that the requirement of consultation under Section 14(3) is mandatory and not directory, and its non-compliance renders the removal order arbitrary and illegal. The impugned order was quashed. (Paras 3-5) B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The court exercised its writ jurisdiction to quash the removal order as it was passed in violation of statutory provisions and principles of natural justice. The court directed reinstatement of the petitioner to the post of Registrar (Evaluation) with all consequential benefits. (Paras 5-6)
Issue of Consideration
Whether the order of the State Government removing the petitioner from the post of Registrar (Evaluation) of Bangalore North University is valid in law, particularly when the statutory requirement of consultation with the University under Section 14(3) of the Karnataka State Universities Act, 2000 was not complied with.
Final Decision
The writ petition is allowed. The impugned order dated 08.01.2020 (Annexure-D) is quashed. The respondents are directed to reinstate the petitioner to the post of Registrar (Evaluation) with all consequential benefits.
Law Points
- Statutory consultation mandatory before removal of Registrar
- Removal without consultation is arbitrary and illegal
- Section 14(3) Karnataka State Universities Act
- 2000
- Article 226 Constitution of India
- Writ of Certiorari
