Karnataka High Court
Prof. Lokanath. N. K vs Prof. Sharath Ananthamurthy on 1 August, 2023
Bench: Chief Justice, M.G.S. Kamal
-1-
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
-2-
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,
-3-
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)
-4-
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
-5-
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,
-6-
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:
-7-
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
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
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
- 10 -
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.
- 11 -
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
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
