Karnataka High Court
Prof. Lokanath. N. K vs Prof. Sharath Ananthamurthy on 1 August, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 837 OF 2023 (S-RES)
C/W WRIT APPEAL NO. 847 OF 2023,
WRIT APPEAL NO. 864 OF 2023 AND
WRIT APPEAL NO. 868 OF 2023
IN WRIT APPEAL NO. 837 OF 2023
BETWEEN:
1. THE CHANCELLOR OF UNIVERSITIES
REP. BY ITS UNDER SECRETARY RAJ BHAVAN
BENGALURU - 560 001.
Digitally signed
by AMBIKA H B ...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE A/W
Location: HIGH
COURT OF SRI NAGARALE SANTOSH SUBHASHCHANDRA.,ADVOCATE)
KARNATAKA
AND:
1. PROF. SHARATH ANANTHAMURTHY
S/O U.R. ANANTHMURTHY
AGED ABOUT 60 YEARS,
PROFESSOR,
SCHOOL OF PHYSICS UNIVERSITY OF HYDERABAD
R/O. 498, SURAGI 6TH A MAIN
RMV 2ND STAGE
BANGALORE - 560094
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
6TH FLOOR, GATE NO. 2,
M.S. BUILDING, BENGALURU - 560 001.
3. THE UNIVERSITY OF MYSORE
REP. BY ITS REGISTRAR
VISHWAVIDYANILAYA KARYA SOUDHA
CRAWFORD HALL
MYSORE - 570 006.
4. THE SEARCH COMMITTEE FOR SELECTION OF VICE
CHANCELLOR
REP. BY ITS CHAIRMAN UNIVERSITY OF MYSORE
MANASAGANGOTRI
MYSURU - 570 006.
5. PROF LOKANATH N K
AGED ABOUT 56 YEARS
PRESENTLY POST AS VICE CHANCELLOR UNIVERSITY
OF MYSORE VISHWAVIDYANILAYA KARYA SOUDHA
CRAWFORD HALL POST BOX NO. 405
MYSORE - 570 005.
...RESPONDENTS
(BY SRI S.S. MAHENDRA, AGA FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT,1961 PRAYING TO CALL FOR
RECORDS IN WRIT PETITION No. 9068/2023 AND SET ASIDE THE
INTERIM ORDER DATED 21.06.2023 PASSED BY THE LEARNED
SINGLE JUDGE IN WRIT PETITION No. 9068 OF 2023 (S-RES) & ETC.
IN WRIT APPEAL NO. 847 OF 2023 (S-RES)
BETWEEN:
1. PROF. LOKANATH. N. K.
AGED ABOUT 56 YEARS,
PRESENTLY POST AS
VICE CHANCELLOR UNIVERSITY OF MYSORE,
VISHWAVIDYANILAYA KARYA SOUDHA
CRAWFORD HALL,
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
POST BOX NO. 405,
MYSORE - 570 005.
...APPELLANT
(BY (BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE A/W
SRI ABHISHEK K., ADVOCATE )
AND:
1. PROF. SHARATH ANANTHAMURTHY
S/O. U. R. ANANTHMURTHY,
AGED ABOUT 60 YEARS,
PROFESSOR,
SCHOOL OF PHYSICS
UNIVERITY OF HYDERABAD
R/O. 498, SURAGI 6TH A MAIN,
RMV 2ND STAGE, BENGALURU-560 094.
2. THE CHANCELLOR OF UNIVERSITIES
REP. BY ITS UNDER-SECRETARY
RAJ BHAVAN,
BENGALURU - 560 001.
3. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
6TH FLOOR, GATE NO.2, M.S. BUILDING,
BENGALURU-560 001.
4. THE UNIVERSITY OF MYSORE
REP. BY ITS REGISTRAR,
VISHWAVIDYANILAYA KARYA SOUDHA
CRAWFORD HALL
MYSORE-570 006.
5. THE SEARCH COMMITTEE FOR SELECTION OF
VICE CHANCELLOR
REP. BY ITS CHAIRMAN,
UNIVERSITY OF MYSORE,
MANASAGANGOTRI,
MYSORE-570 006.
...RESPONDENTS
(BY PROF. RAVI VARMA KUMAR SENIOR ADVOCATE
A/W SRI V.R. SARATHY, ADVOCATE FOR C/R-1)
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT,1961 PRAYING TO SET ASIDE THE
INTERIM ORDER DATED 21/06/2023 PASSED BY THE LEARNED
SINGLE JUDGE IN W.P. NO.9068/2023 (S-RES) & ETC.
IN WRIT APPEAL NO. 864 OF 2023 (S-RES)
BETWEEN:
1. PROF LOKANATH N K
AGED ABOUT 56 YEARS
PRESENTLY POST AS VICE CHANCELLOR
UNIVERSITY OF MYSORE
VISHWAVIDYANILAYA KARYA SOUDHA
CRAWFORD HALL
POST BOX NO.405
MYSORE - 570 005.
...APPELLANT
(BY (BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE A/W
SRI ABHISHEK K., ADVOCATE )
AND:
1. DR. G VENKATESH KUMAR
S/O LATE ERANNA
AGED ABOUT 62 YEARS
R/AT NO.SONIDHI
10TH MAIN, 19TH CROSS
C BLOCK, 3RD STAGE
VIJAYANAGAR
MYSORE-570030
2. THE CHANCELLOR OF UNIVERSITIES
REP. BY ITS UNDER SECRETARY
RAJ BHAVAN
BENGALURU-560001.
3. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL
SECRETARY DEPARTMENT OF HIGHER EDUCATION
6TH FLOOR
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
GATE NO.2, M S BUILDING
BENGALURU-560001.
4. THE REGISTRAR
MYSORE UNIVERSITY
VISHWAVIDYANILAYA KARYA
SOUDHA CRAWFORD HALL
MYSORE-570006.
5. THE CHAIRMAN
SEARCH COMMITEE FOR SELECTION OF
VICE CHANCELLOR
UNIVERSITY OF MYSORE
MANASAGANGOTRI, MYSORE-570006
...RESPONDENTS
(BY SRI. SHRIDHAR PRABHU.,ADVOCATE FOR R1 &
SRI S.S. MAHENDRA, AGA FOR R3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER
PASSED BY THE LEARNED SINGLE JUDGE DATED 21.06.2023 IN
W.P. No. 11875/2023 (S-RES) & ETC.
IN WRIT APPEAL NO. 868 OF 2023 (S-RES)
BETWEEN:
1. THE CHANCELLOR OF UNIVERSITIES
REP BY ITS UNDER SECRETARY,
RAJ BHAVAN,
BENGLAURU-560001
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE A/W
SRI NAGARALE SANTOSH SUBHASHCHANDRA.,ADVOCATE)
AND:
1. DR G VENKATESH KUMAR
S/O LATE ERANNA,
AGED ABOUT 62 YEARS,
R/AT NO. SONIDHI, 10TH MAIN, 19TH CROSS,
C BLOCK, 3RD STAGE,
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
VIJAYANAGAR,
MYSURU-570030
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
6TH FLOOR, GATE NO.2,
M.S.BUILDING,
BENGALURU-560001.
3. THE UNIVERSITY OF MYSORE
REP BY ITS REGISTRAR
VISHWAVIDYANILAYA KARYA SOUDHA,
CRAWFORD HALL,
MYSORE-570006
4. THE SEARCH COMMITTEE
FOR SELECTION OF VICE CHANCELLOR,
REP BY ITS CHAIRMAN,
UNIVERSITY OF MYSORE,
MANASAGANGOTRI,
MYSURU-570006
5. PROF LOKANATH N K
AGED ABOUT 56 YEARS,
PRESENTLY POST AS VICE CHANCELLOR,
UNIVERSITY OF MYSORE,
VISHWAVIDYANILAYA KARYA SOUDHA,
CRAWFORD HALL,
POST BOX NO.405,
MYSORE -570005.
...RESPONDENTS
(BY SRI. SHRIDHAR PRABHU.,ADVOCATE FOR R1 &
SRI S.S. MAHENDRA, AGA FOR R2)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER
PASSED BY THE LEARNED SINGLE JUDGE DATED 21.06.2023 IN W.
P. No.11875/2023 (S-RES) & ETC.
THESE APPEALS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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NC: 2023:KHC:26849-DB
WA No. 837 of 2023
C/W WA No. 847 of 2023
WA No. 864 of 2023
WA No. 868 of 2023
JUDGMENT
1. The present appeals are filed challenging the order dated 21.06.2023 passed by the learned Single Judge in Writ Petition No.9068/2023 c/w Writ Petition No.11875/2023.
2. The petitioners, being aggrieved by the Notification dated 23.03.2023, whereby His Excellency the Governor of Karnataka and Chancellor of Universities was pleased to appoint Prof.Lokanath N.K as Vice Chancellor of University of Mysore, Mysuru for a period of four years with effect from the date of assumption of office, have approached the learned Single Judge. Vide order dated 21.06.2023, the learned Single Judge by way of an interim order stayed the said notification dated 23.03.2023 until further orders.
3. By inviting our attention to the impugned order dated 23.03.2023, the learned Senior Counsel appearing for the respective appellants made the following submissions:
Firstly, the observation of the learned Single Judge that the respondents in the writ petitions, in spite of availing various opportunities, failed to file their statement of objections may not be -8- NC: 2023:KHC:26849-DB WA No. 837 of 2023 C/W WA No. 847 of 2023 WA No. 864 of 2023 WA No. 868 of 2023 in consonance with the order sheet. It is submitted that the petitions were listed before the learned Single Judge hardly on two occasions after issuance of notice and as such, it cannot be said that in spite of various opportunities, the respondents failed to file statement of objections. The learned Senior Counsel appearing for the appellant in Writ Appeal No.847/2023 (respondent No.5 before the learned Single Judge in Writ Petition No.9068/2023) submits that the statement of objections was filed by the appellant on 26.06.2023.
The second submission is that while passing the interim order in the nature of grant of stay to the Notification dated 23.03.2023, the learned Single Judge has noticed that, prima facie, the procedure contemplated under Section 14 of the Karnataka State Universities Act, 2000 and UGC Regulation were not followed by the respondent-Authorities before issuing notification dated 23.03.2023. It is submitted that the learned Single Judge ought not to have reached to that prima facie observation before considering the submissions of the respective contesting respondents. Such observation would be a premature observation and it may lead to create an impression over the parties that the learned Single Judge -9- NC: 2023:KHC:26849-DB WA No. 837 of 2023 C/W WA No. 847 of 2023 WA No. 864 of 2023 WA No. 868 of 2023 has formed certain opinion and such impression may cause prejudice to the respondents.
4. Per contra, it is submitted by Prof.Ravivarma Kumar, learned Senior Counsel appearing for respondent No.1 in Writ Appeal No.847/2023 submits that the appellant in Writ appeal No.847/2023 apart from filing statement of objections has also filed an application for vacation of interim order and the learned Single Judge, vide order dated 13.07.2023, has directed listing of the writ petitions tomorrow (02.08.2023). He submits that as the contentions of the parties are yet to be considered, the appeal are, therefore, not maintainable.
5. Considering the submissions above referred and that even the issue of maintainability of the appeals is raised, in our opinion, there is some merit advanced by the learned Senior Counsel for the appellants. The fact remains that the learned Single Judge is yet to hear the parties on merits of the petitions, meaning thereby the critical analysis of the contentions being advanced by the petitioners and the counter submissions which would be advanced, orally as well as by filing statement of objections, are yet to be
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NC: 2023:KHC:26849-DB WA No. 837 of 2023 C/W WA No. 847 of 2023 WA No. 864 of 2023 WA No. 868 of 2023 heard by the learned Single Judge. It is also not in dispute that the post of Vice Chancellor is a very important post as various responsibilities and duties are attached to this significant post in the academic field. As such, the matter certainly requires an immediate attention.
6. Accordingly, we are of the opinion that it will be in the interest of not only the parties to the petitions but in the interest of the academic field, in general, to hear the petitions expeditiously. It is also not in dispute the matter is now listed before the learned Single Judge tomorrow (02.08.2023). At the cost of repetition we state that the appellant in W.A No.847/2023 has filed an application for vacation of interim order, which is pending before the learned Single Judge. As such, without expressing any opinion on merits of the petitions and keeping all the contentions open, we request the learned Single Judge to hear the parties on the application as well as on the petitions itself as expeditiously as possible. Needless to state that for early decision, the parties are also expected to provide necessary assistance and co-operation to the Court.
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7. We further make it clear that the prima facie observation of the learned Single Judge in the impugned order dated 21.06.2023, shall not be treated as opinion formed by the learned Single Judge on the main matter and all the contentions of the parties are kept open to be urged and for consideration by the learned Single Judge.
8. With these observations, the appeals are disposed of.
9. In view of disposal of the appeals, the pending interlocutory applications do not survive for consideration and stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB List No.: 1 Sl No.: 7