Case Note & Summary
The petitioner, Smt. K. Seethamma, a Professor and Head of the Department of Economics at Bangalore University, was appointed as Registrar on an ad hoc basis on 20.02.2013, following the ouster of the previous Registrar, Professor B.C. Mylarappa, by a Division Bench of the High Court via a writ of quo warranto. The appointment was made subject to the decision of the Supreme Court in a pending SLP. On 04.04.2013, the State Government issued a notification withdrawing this ad hoc arrangement without any prior notice or opportunity of hearing to the petitioner. The petitioner challenged this notification as arbitrary and illegal. The Court examined whether the principles of natural justice required that the petitioner be heard before the withdrawal of her ad hoc appointment. The Court noted that the petitioner had a legitimate expectation to continue in the post until a regular appointment was made or until the Supreme Court's decision. The State's action was held to be in violation of the audi alteram partem rule. The Court quashed the impugned notification and directed the respondents to allow the petitioner to continue as Registrar on an ad hoc basis until further orders, subject to the outcome of the pending SLP. The Court emphasized that even temporary appointees are entitled to a hearing before being removed, unless the appointment was void ab initio or made in fraud.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Withdrawal of Ad Hoc Appointment - The State Government issued a notification withdrawing the petitioner's ad hoc appointment as Registrar of Bangalore University without giving her any notice or opportunity of hearing. The Court held that even an ad hoc appointee has a right to be heard before an adverse order is passed, and the impugned notification was arbitrary and violative of principles of natural justice. (Paras 1-10) B) Service Law - Ad Hoc Appointment - Termination - Opportunity of Hearing - The petitioner was appointed as Registrar on ad hoc basis on 20.02.2013. The Government withdrew this arrangement on 04.04.2013 without any prior notice. The Court held that the withdrawal was illegal as it was done without affording the petitioner an opportunity to show cause, and the notification was quashed. (Paras 2-10)
Issue of Consideration
Whether the State Government could withdraw the ad hoc appointment of the petitioner as Registrar without affording her an opportunity of hearing, and whether such withdrawal was arbitrary and illegal.
Final Decision
The writ petition is allowed. The impugned notification dated 04.04.2013 is quashed. The respondents are directed to allow the petitioner to continue as Registrar on ad hoc basis until further orders, subject to the outcome of the pending SLP before the Supreme Court.
Law Points
- Natural Justice
- Audi Alteram Partem
- Ad Hoc Appointment
- Withdrawal of Appointment
- Opportunity of Hearing
- Karnataka State Universities Act
- 2000
- Section 17
