Karnataka High Court
Dr. Gangadhar Shivalingappa Mulgund vs The Principal Secretary on 18 September, 2025
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2025:KHC-D:12642
WP No. 105807 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 105807 OF 2015 (S-RES)
BETWEEN:
DR. GANGADHAR SHIVALINGAPPA MULGUND
AGE: 48 YEARS, OCC: CURATOR K.U.D,
A-8, NEAR GUEST HOUSE,
KARNATKAA UNIVERSITY, DHARWAD.
...PETITIONER
(BY SRI. SUNIL S.DESAI, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER
EDUCATION (UNIVERSITIES),
GOVERNMENT OF KARNATAKA,
7TH FLOOR, M.S. BUILDING,
BENGALURU-560001.
Digitally signed
by SAMREEN
AYUB 2. THE PRINCIPAL SECRETARY
DESHNUR
Location: HIGH FINANCE DEPARTMENT
COURT OF GOVERNMENT OF KARNATAKA,
KARNATAKA
DHARWAD
BENCH
VIDHANA SOUDA,
BENGALURU-560001.
3. THE REGISTRAR
KARNATAKA UNIVERSITY,
DHARWAD, DIST: DHARWAD-580001.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 AND R2;
SRI. GIRISH S.HULAMANI, ADVOCATE FOR R3)
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NC: 2025:KHC-D:12642
WP No. 105807 of 2015
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-V COMMUNICATION IN NO.KAVIVI/SIAASUVI/
SHIKSHAK/2015/5306 DATED 20.03.2015 ISSUED BY
RESPONDENT NO.3 AND DIRECT THE RESPONDENT NO.1 AND 2
TO CONSIDER THE CLAIM OF PETITIONER AND DIRECT THE
RESPONDENTS TO CONSIDER THE PETITIONER POST AS
LECTURER-CUM-CURATOR (ASSISTANT PROFESSOR-CUM-
CURATOR) FROM THE DATE OF APPOINTMENT AND DIRECT THE
RESPONDENTS TO RELEASE THE SALARY OF THE PETITIONER
AS PER THE U.G.C.NORMS ALONGWITH PERIODICAL
PROMOTION FROM THE DATE OF APPOINTMENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs:
a) Issue a writ in the nature of certiorari to quash Annexure-V communication in No.KaViVi/SiAaSuVi /Shikshak/2015/5306 dated 20.03.2015 issued by respondent No.3.
b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent No.1 and 2 to consider the claim of petitioner and direct the respondents to consider the -3- NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR petitioner post as Lecturer-cum-Curator (Assistant Professor-cum-Curator) from the appointment and direct the respondents to release the salary of the petitioner as per the U.G.C. norms along with periodical promotion from the date of appointment.
c) Issue such other writ, order or direction as this Hon'ble Court may deem fit, in the interest of justice and equity.
d) ISSUE a writ of order quashing the communication bearing No. ED15UKS 2008 Bangalore dated 06/03/2009 issued by the 1st respondent as per Annexure-Y and communication bearing No ED16UKS 2014 Bangalore dated 13/02/2015 issued by the 1st respondent as per Annexure-Z has in the interest of justice and equity.
e) ISSUE a writ of mandamus directing the 1st respondent to submit statute sent by the 3rd respondent at Annexure-T to the Chancellor for his assent immediately in the interest of justice and equity.
2. Heard the learned counsel for the petitioner and learned AGA for respondent Nos.1 and 2 and perused the material on record.
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NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR
3. A perusal of the material on record will indicate that the petitioner having been appointed as a Museum Curator in respondent No.3-University sought for re- designation of the post from Museum Curator to Lecturer cum Museum Curator, pursuant to which, the respondent No.3-University forwarded the draft statute to respondent Nos.1 and 2 in terms of Section 41(5) of the Karnataka State Universities Act, 2000 (for short, 'the KSU Act').
4. It is the grievance of the petitioner that though Section 41 Sub Sections (5) and (6) of the KSU Act mandates that every statute passed by the Syndicate shall be transmitted to the State Government for submission to the Chancellor for assent with its specific recommendations and the State Government was bound to submit/forward the same to the Chancellor, the respondent Nos.1 and 2 have proceeded to reject the request for approval of the said statute by issuing the impugned communication at Annexure-Y dated 06.03.2009, and Annexure-Z dated -5- NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR 13.02.2015, aggrieved by which the petitioner is before this Court by way of the present petition.
5. Per contra, learned AGA for respondent Nos.1 and 2 submits that there is no merit in the petition and that the same is liable to be dismissed.
6. However, learned counsel for the respondent No.3-University does not dispute that the respondent No.3 had submitted a draft statute to the respondent Nos.1 and 2 for approval/assent vide communication at Annexure-T dated 02.04.2012.
7. Before adverting to the rival contentions, it would be necessary to extract Section 41 of the KSU Act, which reads as under;
"41. Enactment of Statutes and their making.-(1) The Statutes shall be made, amended or repealed by the Syndicate in the manner hereinafter provided.
(2) The Syndicate may take up for consideration the draft of a Statute either on its own motion or on a proposal made by the Academic Council. When the draft is not proposed by the -6- NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR Academic Council, the Syndicate shall obtain the opinion of the Academic Council thereon before considering the same.
(3) The syndicate shall obtain the opinion of the Finance Committee in respect of such of the Statutes involving financial implications.
(4) The Syndicate if it thinks necessary may also obtain the opinion of any officer, authority or body of the university in regard to draft of the Statute before taking it up for consideration.
(5) Every Statute passed by the Syndicate shall be transmitted to the State Government for submission to the Chancellor for assent with its specific recommendations.
(6) The State Government shall on receipt of the draft Statute submit such draft Statutes along with its comments and specific recommendation to the Chancellor within two months from the date of its receipt and the Chancellor may within two months of the date of receipt of the draft Statute from the State Government assent or withhold his assent thereto or refer it to the Syndicate for further consideration.
(7) A Statute passed by the Syndicate shall not be given effect to until it is assented to by the Chancellor."-7-
NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR
8. Sub Section (5) of Section 41 of the KSU Act contemplates that every statute passed by the Syndicate (University) shall be transmitted to the State Government for submission to the Chancellor (Governor) for specific recommendations.
9. Sub Section (6) of Section 41 of the KSU Act further contemplates that upon receipt of the draft statute from the Syndicate (University), the State Government shall submit such draft statute along with its comments and specific recommendation to the Chancellor within two months from the date of its receipt and the Chancellor may within two months of the receipt date of receipt of the draft statute from the State Government assent or withhold his assent thereto or refer it to the Syndicate for further consideration.
10. A conjoint reading of Sub Section (5) of Section 41 of the KSU Act, is sufficient to come to the conclusion that except submitting/forwarding draft statute along with its comments and specific recommendations to the -8- NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR Chancellor, the State Government has no other role to play in this regard.
11. In the instant case, it is an undisputed fact that, vide Annexure-T dated 02.04.2012, the respondent No.3- University (Syndicate) submitted the draft statute to respondent Nos.1 and 2 for the purpose of forwarding/submitting the same to the respondent Nos.1 and 2-State in terms of Section 41 Sub Sections (5) and (6) of the KSU Act and in the light of these provisions, the respondent Nos.1 and 2 were clearly not entitled to issue the impugned communications at Annexure-Y dated 06.03.2009 and Annexure-Z dated 13.02.2015, thereby straight away rejecting the statute without following the prescribed procedure and erred in not forwarding/submitting the same to the Chancellor (Governor) to proceed further in terms of Section 41 Sub Sections (5) and (6) of the KSU Act.
12. In other words, so long as the respondent No.3- University (Syndicate) had submitted the draft statute vide -9- NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR Annexure-T dated 02.04.2012 to the respondent Nos.1 and 2-State, it was incumbent upon the respondent Nos.1 and 2 to forward/submit the same to the Chancellor (Governor) for assent/approval in terms of Section 41 Sub Sections (5) and (6) of the KSU Act and the impugned communications at Annexure-Y and Z dated 06.03.2009 and 13.02.2015 respectively, being contrary to the aforesaid provisions as well as the material on record, the same deserves to be quashed and the present petition deserves to be disposed of by issuing appropriate directions.
13. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned Annexures - Y and Z dated 06.03.2009 and 13.02.2015 respectively, are hereby quashed.
(iii) The respondent Nos.1 and 2 are directed to forward/submit the draft statute
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NC: 2025:KHC-D:12642 WP No. 105807 of 2015 HC-KAR submitted by the respondent No.3- University along with its communication at Annexure-T dated 02.04.2012 to the Chancellor (Governor of Karnataka) within a period of four (4) weeks from the date of receipt of a copy of this order.
Sd/-
(S.R. KRISHNA KUMAR) JUDGE SMM / Ct:vh List No.: 1 Sl No.: 27