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Dr.Kranti Kiran, Mbbs,Ms,Dnb,Mch vs The State Of Karnataka
2024 Latest Caselaw 19755 Kant

Citation : 2024 Latest Caselaw 19755 Kant
Judgement Date : 7 August, 2024

Karnataka High Court

Dr.Kranti Kiran, Mbbs,Ms,Dnb,Mch vs The State Of Karnataka on 7 August, 2024

                                          -1-
                                                    NC: 2024:KHC:31562-DB
                                                      WA No. 635 of 2024
                                                  C/W WA No. 714 of 2024
                                                      WA No. 870 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 7TH DAY OF AUGUST, 2024

                                        PRESENT

                    THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

                                         AND

                        THE HON'BLE MR JUSTICE K V ARAVIND

                      WRIT APPEAL NO. 635 OF 2024 (GM-RES) C/W
                     WRIT APPEAL NO. 714 OF 2024 (GM-RES) AND
                        WRIT APPEAL NO. 870 OF 2024 (GM-RES)


             IN W.A. NO. 635 OF 2024:

             BETWEEN:
             1.   DR. VENUGOPAL
                  MBBS, MS. (GEN. SURGERY)
                  AGED ABOUT 51 YEARS
                  PAVAN HOSPITAL
Digitally         SHRINIVASPURA
signed by         KOLAR DISTRICT- 563 135
AMBIKA H B
Location:    2.   DR. H J JAISKRISHNA
High Court        MDS
of Karnataka      AGED ABOUT 50 YEARS
                  NO.293, JAINILAYA
                  19TH MAIN, 6TH BLOCK
                  KORAMANGALA
                  BENGALURU - 560 034
                                                            ...APPELLANTS

             (BY SRI K.N. PHANINDRA, SENIOR ADVOCATE A/W
              SRI. ABHISHEK A. HAPPALI, ADVOCATE
              SMT. VAISHALI HEGDE, ADVOCATE)
                            -2-
                                    NC: 2024:KHC:31562-DB
                                      WA No. 635 of 2024
                                  C/W WA No. 714 of 2024
                                      WA No. 870 of 2024


AND:
1.   THE STATE OF KARNATAKA
     REP. BY CHIEF SECRETARY
     DEPT. OF HEALTH AND FAMILY WELFARE
     (MEDICAL EDUCATION)
     VIKASA SOUDHA
     DR. AMBEDKAR VEEDI
     BENGALURU - 560 001

2.   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
     REPRESENTED BY REGISTRA
     4TH 'T' BLOCK, JAYANAGARA
     BENGALURU
     KARNATAKA - 560 041
                                         ...RESPONDENTS

(SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL ALONG
 WITH SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT
 ADVOCATE FOR RESPONDENT NO.1
 SRI MADHUSUDAN R. NAIK, SENIOR ADVOCATE ALONG WITH
 SMT. FARAH FATHIMA, ADVOCATE FOR RESPONDENT NO.2.)

       THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND
SET ASIDE THE FINAL ORDER DATED 05.04.2024 PASSED BY
THE LEARNED SINGLE JUDGE IN W.P NO. 10837/2023 AND
CONSEQUENTLY ALLOW THE SAID WRIT PETITION IN ITS
ENTIRETY INSOFAR AS THE APPELLANTS ARE CONCERNED, IN
THE INTEREST OF JUSTICE AND EQUITY.

IN W.A. NO. 714 OF 2024:


BETWEEN:

1.   DR. KRANTI KIRAN, MBBS, MS, DNB, MCH
     AGED ABOUT 51 YEARS
                            -3-
                                      NC: 2024:KHC:31562-DB
                                      WA No. 635 of 2024
                                  C/W WA No. 714 of 2024
                                      WA No. 870 of 2024


     SRI BALAJI INSTITUTE OF
     NEURO SCIENCES AND TRAUMA
     UNAKAL, HOSUR ROAD
     VIDHYA NAGAR
     HUBBALLI - 580 021
                                               ...APPELLANT
(BY SRI SANDEEP S. PATIL, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY THE CHIEF SECRETARY
     DEPARTMENT OF HEALTH AND FAMILY WELFARE
     (MEDICAL EDUCATION)
     VIKAS SOUDHA
     DR. AMBEDKAR VEEDHI
     BENGALURU - 560001

2.   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
     REPRESENTED BY REGISTRAR
     4TH T BLOCK, JAYANAGARA
     BENGALURU
     KARNATAKA - 560 041
                                         ...RESPONDENTS
(SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL ALONG
 WITH SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT
 ADVOCATE FOR RESPONDENT NO.1
 SRI MADHUSUDAN R. NAIK, SENIOR ADVOCATE ALONG WITH
 SMT. FARAH FATHIMA, ADVOCATE FOR RESPONDENT NO.2.)

       THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE
THE JUDGEMENT AND ORDER PASSED IN WRIT PETITION No.
10837/2023 DATE 05.04.2024 AND CONSEQUENTLY ALLOW THE
                            -4-
                                   NC: 2024:KHC:31562-DB
                                     WA No. 635 of 2024
                                 C/W WA No. 714 of 2024
                                     WA No. 870 of 2024


WRIT PETITION FILED BY THE APPELLANT IN THE INTEREST OF
JUSTICE AND EQUITY.
IN W.A. NO. 870 OF 2024:
BETWEEN:

1.   DR. SHOBHA S NISSIMGOUDAR
     BAMS, PGDHA
     AGED ABOUT 46 YEARS
     RESIDES AT MANNAGI GRAMA
     SAVANUR TALUK
     HAVERI DISTRICT - 518 202
                                            ...APPELLANT
(BY SRI PRABHULING K. NAVADGI, SENIOR ADVOCATE ALONG
WITH SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY CHIEF SECRETARY
     DEPARTMENT OF HEALTH AND FAMILY WELFARE
     (MEDICAL EDUCATION)
     VIKASA SOUDHA
     DR AMBEDKAR VEEDHI
     BENGALURU - 560 001

2.   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
     REPRESENTED BY REGISTRAR
     4TH T BLOCK, JAYANAGARA
     BENGALURU KARNATAKA - 560 041
                                         ...RESPONDENTS
(SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL ALONG
 WITH SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT
 ADVOCATE FOR RESPONDENT NO.1
                                -5-
                                         NC: 2024:KHC:31562-DB
                                          WA No. 635 of 2024
                                      C/W WA No. 714 of 2024
                                          WA No. 870 of 2024


SRI MADHUSUDAN R. NAIK, SENIOR ADVOCATE ALONG WITH
SMT. FARAH FATHIMA, ADVOCATE FOR RESPONDENT NO.2.)


     THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND
SET ASIDE THE FINAL ORDER DATED 05/04/2024 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NO.10837/2023 AND
CONSEQUENTLY ALLOW THE SAID WRIT PETITION IN ITS
ENTIRETY INSOFAR AS THE APPELLANT IS CONCERNED.

     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE THE CHIEF JUSTICE MR. JUSTICE
           N.V. ANJARIA
           and
           HON'BLE MR. JUSTICE K.V. ARAVIND

                       ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA)

Heard learned Senior Advocate Sri K.N. Phanindra assisted

by learned advocate Smt. Vaishali Hegde for the appellants in Writ

Appeal Nos.635 of 2024, learned Advocate Sri Sandeep S. Patil for

the appellant in Writ Appeal No. 714 of 2024 and learned Senior

Advocate Sri Prabhuling K. Navadgi assisted by Advocate

Sri Shivaprasad Shantanagoudar for the appellant in Writ Appeal

No. 870 of 2024, learned Advocate General Sri K. Shashikiran

NC: 2024:KHC:31562-DB

Shetty along with learned Additional Government Advocate Smt.

Niloufer Akbar for respondent No.1 and learned Senior Advocate Sri

Madhusudan R. Naik assisted by learned advocate Smt. Farah

Fathima for respondent No.2.

2. The three writ appeals that is Writ Appeal Nos.635 of 2024,

714 of 2024 and 870 of 2024 arise out of common judgment and

order dated 05.04.2024 passed by learned Single Judge in Writ

Petition Nos.10837 of 2023 and 10994 of 2023. The petitions came

to be dismissed by learned Single Judge.

2.1 The facts in both the petitions were similar and the issue

involved identical. Noticing the basic facts from Writ Petition

No.10837 of 2023, what was prayed by the petitioners was to set

aside the Notification dated 25.05.2023 issued by respondent No.1-

State and to consider the representation dated 23.05.2023 filed by

the petitioners in light of Sections 31 and 55 of the Rajiv Gandhi

University of Health Sciences Act, 1994.

2.2 By the said Notification dated 25.05.2023 impugned in the

petition, earlier Notifications dated 13.12.2022 and 06.02.2023

came to be annulled. The net result was that the nomination of the

NC: 2024:KHC:31562-DB

petitioners as members of the syndicate of the University was

cancelled.

2.3 In the other petition from which Writ Appeal No.870 of 2024

arose, the petitioner was nominated as Chairman of the Central

Relief Committee under the Karnataka Prohibition of Beggary Act,

1975 (hereinafter referred to as 'the Beggary Act') for a period of

three years under the Notification dated 26.07.2022. By virtue of

the impugned notification, cancelling the earlier notification, the

petitioner ceased to be the Chairman of the Committee from the

date of notification.

2.4 In both the cases, this Court granted interim order suspending

the impugned Notification. The respective petitioners continued as

members of the Syndicate and the Chairman of the Central Relief

Committee, respectively till date.

3. Setting out the facts with some details, the appellants of Writ

Appeal No.635 of 2024, the petitioners of Writ Petition No.10837 of

2023 came to be nominated as members of the Syndicate of Rajiv

Gandhi University of Health Sciences (hereinafter referred to as

'Rajiv Gandhi University') on 13.12.2022 which was under Section

NC: 2024:KHC:31562-DB

24 (1) (xii) of the Rajiv Gandhi University Act. It was mentioned in

the notification that the term of the appointees would be "with

immediate effect and till further three years or till further government

orders, whichever is earlier".

3.1 A corrigendum came to be issued on 06.02.2023, whereby the

words "or further government orders, whichever is earlier" came to

be deleted. The Revised Notification dated 07.02.2023 was issued

by the Rajiv Gandhi University mentioning that the term of the office

of the petitioners-members shall be for a period of three years with

effect from 13.12.2022.

3.2 It is thereafter that the impugned Notification dated

25.05.2023 was issued cancelling the nominations of the appellants-

petitioners with effect from 24.05.2023 on the ground of "in the

interest of public and administration of the University". It was

claimed by the petitioners that the Hon'ble Chief Minister had issued

tippani dated 22.05.2023 directing cancellation of all nominations,

on account of which the Notification dated 25.05.2023 was issued.

3.3 In the context of above premise of facts and pleadings, the

writ petition was filed challenging the impugned Notification dated

NC: 2024:KHC:31562-DB

25.05.2023, whereby as stated above, the membership of the

petitioners to the senate of the University was curtailed and they

were ceased to be members from the date of the notification.

Learned Single Judge passed interim order in favour of the

petitioners placing the impugned Notification under suspension.

3.4 The facts of the other petition-appeal operate on similar lines.

In other words, in both the cases, the appointment of the members

or the Chairman, as the case may be, which was for three years

came to be curtailed by issuing the Notification and the initial

appointment was withdrawn.

4. While dismissing Writ Petition No.10994 of 2023 wherein the

petitioner was appointed as Chairman of the Central Relief

Committee, learned Single Judge observed thus:

"... The nomination of the petitioner in W.P.No.10994 of 2023 to the Central Relief Committee is subject to pleasure of the State Government, as ordained in the statute itself. Therefore, the petitioner therein, on the score that he has become a Chairman does not have any right to so continue, on the score that the Chairman is an appointment and the members are nominated. The Chairman is appointed from out of the nominees. Therefore, the chairman cannot derive a higher right contending that it is an appointment and a member is a nominee. He is a

- 10 -

NC: 2024:KHC:31562-DB

nominee, appointed as a Chairman, amongst the nominees. Therefore, the birthmark of the petitioner as a nominee does not get effaced merely because he is anointed as the Chairman.

4.1 This petitioner-appellant was appointed as Chairman of the

Central Relief Committee under the Beggary Act, which Committee

is constituted under Section 4 of the Beggary Act. Section 4, in its

sub-section (1) provides that Government may by notification

constitute a Central Relief Committee. As per sub-section (2), the

Committee shall consist of members, who would be the Secretary to

the Government, Social Welfare and Labour Department, the

Director of the Social Welfare, the Secretary, Finance Department

and 4 non-official members nominated by the government. It is

contemplated that the Government may appoint one of the

Members of the Committee as its Chairman and appoint a Secretary

who may or who may not be a member of the Committee.

4.2 The petitioner's appointment was under category (d), namely

he was a Chairman out of 4 non-official members nominated by the

Government. What is to be noticed is that Sub-section (3) of

Section 4 of the Beggary Act provides that "subject to pleasure of

- 11 -

NC: 2024:KHC:31562-DB

the State Government, the term of the office of the non-official

members shall be for a period of three years".

4.3 The above provision expressly incorporates the doctrine of

pleasure. The reasoning supplied by learned Single Judge to hold

that the petitioner did not have any right to continue, that he was a

Chairman appointed amongst the nominated members and that the

State was within its right to discontinue the petitioner invoking the

doctrine of pleasure.

5. This takes the Court to the controversy in Writ Petition

No.10837 of 2023, the appellants whereof were nominated as the

members of the Syndicate of the Rajiv Gandhi University under

Section 24(1)(xii) of the Rajiv Gandhi University Act. The said sub-

clause contemplates that six persons shall be nominated by the

State Government from amongst the eminent personalities in the

field of Health Science.

6. Assailing the impugned notification, grounds were raised by

learned Senior Advocate for the appellants. It was firstly contented

that the original Notification dated 13.12.2022 indicated membership

of the senate to be of three years. Therefore, curtailment of the

- 12 -

NC: 2024:KHC:31562-DB

period of membership was not permissible at the pleasure of the

appointing authority. It was next submitted that even otherwise by

the Corrigendum dated 06.02.2023, the words "or further

Government orders, whichever is earlier" were omitted from the

original notification, implying thereby that initially intention was there

to apply the doctrine of pleasure, but the same was withdrawn.

6.1 It was thirdly submitted that the appellants could not be

removed only for the reason that there was a change in the political

set up. It was fourthly submitted that, in any view, the doctrine of

pleasure is not absolute and it does not have unrestricted

application. Even in applying the doctrine of pleasure, the

withdrawal of nomination could not have been done at sweet will of

the State Government and that the abrupt withdrawal of nomination

was arbitrary.

6.2 In support of the statement that the doctrine of pleasure could

not be applied in whims, the decision of the Supreme Court in B.P.

Singhal Vs. Union of India and another [(2010) 6 SCC 331] for its

paragraphs 21 to 24, 34 and 82 was pressed into service. Also

relied on was the decision of this Court in B.K. Uday Kumar Vs.

- 13 -

NC: 2024:KHC:31562-DB

State of Karnataka, By its Principal Secretary to Government

and others [(2020) SCC OnLine Kar 43 relying on paragraphs 10

to 14 and the decision of the Bombay High Court in Dnyaneshwar

Digamber Kamble Vs. State of Maharashtra and others [2016 (1)

Mh.L.J. 602] for its paragraphs 7 to 9.

6.3 It was finally submitted that Section 31 of the Rajiv Gandhi

University Act stipulates that the members of the Syndicate shall

hold the office up to the date of next constitution of the body of

Senate. It was therefore submitted that as the Senate is not

constituted, the appellants-petitioners are entitled to continue as

nominated members in the Senate until and unless the Senate is

constituted.

6.4 On the other hand, learned Advocate General for the State as

well as Senior Advocate for the University highlighted that the

membership of the appellants to the Senate was by virtue of

nomination. Relying on the reasoning of the Single Judge, it was

further submitted that the idea of nomination would suggest that the

nominee had no right to continue. It was contended that the

- 14 -

NC: 2024:KHC:31562-DB

nomination was bound by doctrine of pleasure and that it was open

for the State Government to withdraw the nomination.

6.5 It was submitted on the basis of the decision of this Court in

The State of Karnataka, Dept. of Health and Family Welfare

(Medical Education) and others Vs. Dr. Deepthi Bhava and

others, which was Writ Appeal No.617 of 2021 decided on

25.09.2021 that a nominated member has no vested right to the

post. It was submitted that in absence of minimum tenure

prescribed under Section 31 of the Rajiv Gandhi University Act, the

doctrine of pleasure has to be read into.

6.6 A decision of the Supreme Court in Krishna S/o Bulaji

Borate Vs. State of Maharashtra and others [(2001) 2 SCC 441]

was pressed into service to submit that the doctrine of pleasure is

inherent in the very nature of nominated decisions. The doctrine

may be stated expressly or it is implied. However, in both the

situations, it was submitted, it has equal force.

6.7 While advancing the above submissions, it was further

contended on behalf of the respondents that in any case as per

Section 31 of the Rajiv Gandhi University Act, the term of the

- 15 -

NC: 2024:KHC:31562-DB

Senate is provided to be three years from the date of its constitution.

It was submitted that three years got over on 15.06.2024 and that

the appellants who are continued as members by virtue of the

interim order of this Court have exhausted the period of three years

as members of the Senate. It was submitted that when the term of

the Senate itself is three years and which has expired, the

petitioners, in any case, cannot continue as members.

7. Admittedly, the term of three years for the Syndicate of the

University is over. The appellants have continued to hold the

position of the members of the Senate by virtue of the interim order

which is operated since 24.04.2024. In this view, the ground

originally raised to challenge the Notification, whereby the term of

the appellants-petitioners as members was curtailed before

completion of three years and further in that light whether the

doctrine of pleasure was applicable and if applicable it was rightly

applied, whether it was properly invoked or not and the related

aspects, pale into backdrop and may not require to be adjudicated.

7.1 As the three years period is over and the petitioners have

enjoyed their term by virtue of operation of interim order for the said

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NC: 2024:KHC:31562-DB

total period, the Court is not inclined to and dissuades itself to go

into the merits of the impugned Notification and in respect of the

grounds relating to justification of invocation of or applicability or

otherwise of the doctrine of pleasure, as it will be an academic

exercise. It is trite that the Court would not undertake academic

adjudication. Therefore, no opinion in that regard is expressed,

leaving those issues to be agitated and decided in an appropriate

case.

7.2 The issue in the forefront now is where the three years term of

the Syndicate is over, whether the petitioners are entitled to

continue beyond the term of the body itself of which they are the

nominated members.

7.3 In order to examine the aforesaid aspect-whether the

appellants are entitled to continue any further as members of the

Syndicate, the relevant provisions of the Rajiv Gandhi University Act

may be visited with. Section 20 of the Rajiv Gandhi University Act

mentions the Authorities of the University which includes the

Syndicate. Section 24 was that the Syndicate shall consist of the

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members mentioned therein. In all, 12 categories of members are

mentioned.

7.4 The petitioners' nomination comes under clause (xii) which

provides that six persons shall be nominated by the State

Government from amongst the eminent personalities in the field of

Health Sciences which would again consists of the categories

mentioned in (i) to (iii). The nominations of the petitioners, as

stated, was under the aforesaid provision.

7.5 Thus, the constitution of the Syndicate as provided for under

Section 24 of the Rajiv Gandhi University Act consists of total 24

members out of which 8 are ex-officio, 3 members are elected and

12 are nominated members.

7.6 Section 31 of the Rajiv Gandhi University Act deals with the

term of the office of the members of the Syndicate. The said section

is extracted herein,

"31. Term of office of the members of Senate, Syndicate and Academic Council:- Save as otherwise provided in this Act the Senate, Syndicate and Academic Council shall be reconstituted at or about same time every three years, and members of the authorities shall except in the case of ex-officio members hold office as

- 18 -

                                             NC: 2024:KHC:31562-DB





      members thereof         up to the date of next
      reconstitution:

            Provided that no person nominated or

elected to any of the authorities specified in section 20 shall hold office for more than two consecutive terms in such authority."

7.6.1 The above provision contemplates that Senate/Syndicate/

Academic Council shall be constituted at or about the same time

every three years. It is further provided that the members of the

authorities shall except in the case of ex-officio members hold office

as members up to the date of next reconstitution.

7.6.2 Section 56 of the Rajiv Gandhi University Act may also be

mentioned which deals with the filling up of casual vacancies to

provide that such vacancies amongst the members other than ex-

officio may be filled in once they arise and that the persons

nominated to a casual vacancy shall be a member of such body for

the residue of the term for which the persons in whose place he is

nominated would have been a member. The Proviso to the section

says that that if the casual vacancy occurs within six months before

the date of the expiry of the term of the members, the casual

vacancy shall not be filled in. The indication from this Section is that

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member who may enter the body of Syndicate upon arising of a

casual vacancy, will continue as member till the expiry of the term of

the body.

7.7 What necessarily emanated from the above provisions of the

Rajiv Gandhi University Act, more particularly, Section 31 read with

Section 56 of the Act is that the member of the Senate shall not

continue beyond the term of the Senate. The membership of

nominated members or other members except ex-officio members

would be co-terminus with the tenure of the Syndicate. Once the

three years period is over, membership of nominated member would

come to an end automatically and the Syndicate shall be

reconstituted. The Syndicate is a permanent body.

8. The decision of the Division Bench in Deepthi Bhava (supra)

stands in fortification to the above reading of the provisions relating

to the term of the Syndicate and the co-terminus nature of the

membership of the Syndicate. It was observed by the Division

Bench that Sections 21 and 24 deal with the constitution of the

Senate and Syndicate of the University.

- 20 -

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8.1 The Division Bench after discussing the provisions of Sections

21 and 24 observed and held thus in paragraph 10,

"Section 31 of the Act provides that Senate, Syndicate and Academic Council shall be reconstituted at or about the same time every three years and members of the authorities shall, except in case of ex-officio members, hold office as members thereof up to the date of next reconstitution. Thus, on plain reading of Section 31, it is evident that the same provides that Senate, Syndicate and Academic Council shall be reconstituted at or about the same time every three years. Section 31 further provides that authorities except ex-officio members shall hold office up to the date of next reconstitution. In other words, the members of the authorities have a right to continue in office only up to the date of next reconstitution and the reconstitution Senate, Syndicate and the Academic Council has to take place in three years."

8.2 As per the details furnished to the Court, the first Syndicate of

the Rajiv Gandhi University was constituted by the Notification dated

31.05.1997 for a period from 31.05.1997 to 30.05.2000. Thereafter,

every three years the Senate was constituted. Lastly, it was the 9th

Syndicate which was constituted on 16.06.2021 for a period of three

years, which was over on 15.06.2024.

8.3 The Syndicate as a body has permanent status. Its tenure is

mandated by statutory provision of Section 31 of the Rajiv Gandhi

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University Act. As the Syndicate is a permanent body, it stands

reconstituted by operation of law every three years. The

reconstitution of body of the Syndicate is not dependant upon the

period of nomination of the members by any authority, instead the

membership of the Senate, has to submit to the outer limit of the

tenure of the Syndicate.

8.4 It is not perceivable, nor it is possible to hold any light of the

above clear statutory provisions that any member who is not an ex-

officio member has a right to continue as member beyond and after

the term of three years of the Syndicate. The statutes fixes the

outer limit. Upon expiry of three years period, the Syndicate will be

reconstituted, the reconstitution of the Syndicate occurs by

operation of law.

9. In the facts of the present case, since the interim order dated

24.04.2024 worked out for itself in favour of the petitioners-

members and by virtue of protection of the interim order, they

having continued till the full term of three years as Syndicate

members and the term of three years having been expired on

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15.06.2024, they cannot now claim any right to continue as

members any further.

9.1 The controversy originated in the writ petitions and dealt with

by learned Single Judge about the validity of Notification dated

25.05.2023 cancelling the nominations and whether the doctrine of

pleasure was applicable or it was rightly applied, are the questions

rendered academic in the realm in view of developments in light of

interim order. The Court would not touch the academic issues to

pronounce on merits thereof.

10. In view of the above discussions, as the term of the Syndicate

is over, consequentially, the membership of the appellants-

petitioners which was co-terminus with the period of the Syndicate

has also come to an end. No right survives for any of the appellants

to continue as members.

11. In the aforesaid view, the interim relief granted on 24.04.2024

is vacated. All the three appeals are dismissed in view of what is

observed and held hereinabove.

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Interim Application No.2 of 2024 filed by the Rajiv Gandhi

University seeking clarification about the continuance or otherwise

of the interim order would not survive. It is accordingly disposed of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K V ARAVIND) JUDGE

AHB

 
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