Karnataka High Court

Dr. Devarajan Thangadurai vs The Karnataka Univeristy on 28 January, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                               NC: 2025:KHC-D:1668
                                                            WP No. 100229 of 2024




                                   IN THE HIGH COURT OF KARNATAKA,
                                           DHARWAD BENCH

                              DATED THIS THE 28TH DAY OF JANUARY, 2025

                                                BEFORE

                              THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

                              WRIT PETITION NO. 100229 OF 2024 (S-RES)

                      BETWEEN:

                      DR. DEVARAJAN THANGADURAI,
                      AGE. 47 YEARS, OCC. PROFESSOR,
                      P.G. DEPARTMENT OF STUDIES IN BOTANY,
                      KARNATAKA UNIVERSITY, DHARWAD- 580003,
                      R/O. 302, SAI PRASAD APARTMENT,
                      8TH CROSS, KALYAN NAGAR,
                      DHARWAD -580007.
                                                                      ...PETITIONER
                      (BY SRI. SUHAS K. HOSAMANI, AND
                          SRI. SABEEL AHMED, ADVOCATES)

                      AND:

                      1.   THE KARNATAKA UNIVERISTY,
                           PAVATE NAGAR, DHARWAD -580003,
                           REPRESENTED BY ITS REGISTRAR (ADMIN).
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
                      2.   THE VICE-CHANCELLOR,
Location: High             KARNATAKA UNIVERSITY,
Court of Karnataka,
Dharwad Bench              PAVATE NAGAR, DHARWAD- 580003.

                      3.   THE DEAN,
                           FACULTY OF SCIENCE AND TECHNOLOGY
                           KARNATAKA UNIVERSITY,
                           PAVATE NAGAR, DHARWAD- 580003.

                      4.   THE CHAIRMAN,
                           P.G. DEPARTMENT OF STUDIES IN BOTONY,
                           KARNATAKA UNIVERSITY,
                           DHARWAD- 580003.

                      5.   DR. S.N. AGADI,
                           AGE. 56 YEARS, OCC. PROFESSOR,
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                                         NC: 2025:KHC-D:1668
                                      WP No. 100229 of 2024




    P.G. DEPARTMENT OF STUDIES IN BOTONY,
    KARNATAKA UNIVERSIY,
    DHARWAD- 580003.
                                             ...RESPONDENTS
(BY SRI. RAMACHANDRA A. MALI, ADVOCATE FOR R1 TO R4,
    SRI. SHUBHENDU A. AKALAWADI, ADVOCATE FOR R5)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA IS PRAYING TO, TO ISSUE A WRIT
OR ORDER OR DIRECTION IN NATURE OF CERTIORARI OR ANY
OTHER    TO    QUASH    IMPUGNED     ORDER   BEARING     NO.
KVV/SYNDICATE/MUKAYASTRU/SASYASHASTRA/2023-24/1992
DATED. 05.01.2024 ISSUED BY THE RESPONDENT NO.1 VIDE
ANNEXURE-H. TO ISSUE A WRIT IN THE NATURE OF A MANDAMUS,
DIRECTING THE RESPONDENT NO.1 AND 2 TO APPOINTMENT THE
PETITIONER TO THE POST OF THE RESPONDENT NO.4 BY
CONSIDERING     THE   REPRESENTATION    DATED.    01.01.2024
SUBMITTED TO RESPONDENT NO.1 TO 2 VIDE ANNEXURE-E AND
REPRESENTATION DATED. 02.01.2024 SUBMITTED TO RESPONDENT
NO.1 TO 3 VIDE ANNEXURE-F BY THE PETITIONER.


      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDERS WAS MADE THEREIN AS UNDER:

                         ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court, seeking

quashment of an order dated 05.01.2024, by which the 5th

respondent is appointed as a Chairman of the Department

of Botany at the Karnataka University and has sought

certain consequential directions by issuance of a writ in

the nature of mandamus to appoint him as the Chairman.

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2. Heard the learned counsel for the petitioner

Sri.Suhas Hosamani & Sri.Sabeel Ahmed, learned counsel

Sri.Ramachandra A.Mali for respondent Nos.1 to 4 and

Sri.Shubendu A. Akalawadi for respondent No.5.

Facts in brief germane are as follows:

3. The petitioner, while working as an Associate

Professor, is promoted to the cadre of Professor on

23.03.2023, with retrospective effect from 28.05.2021.

The petitioner is wanting to become the Chairman of the

Department of Studies (Botany) in the University. It is his

contention that in the Department of the University, for

Headship of the Department of Studies, every University

follows an Ordinance, and the notification issued pursuant

to the Ordinance. In terms of the said notification, in all

Departments established and maintained by the

University, every Professor and Associate Professor with

three years service and requisite API score, shall by

rotation, according to seniority, act as a Chairman of the

Department for a period of two years.

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4. The 5th respondent, who is in the cadre of

Professor, long before the petitioner becoming Professor,

with effect from 2014, is appointed as a Chairman by way

of rotation in terms of the notification. His appointment is

now challenged on the ground that by rotation, the

petitioner ought to have been appointed as Chairman and

not the person who is already held the post of Chairman

on rotation earlier to the entry of the petitioner to the

cadre of Professor.

5. The learned counsel would seek to place

reliance upon the judgment rendered by the Allahabad

High Court to project what would be rotation.

6. The learned counsel appearing for the

University would submit that the petitioner comes in mid

stream as the Professor by way of promotion albeit with

retrospective effect that would not mean that the

petitioner as on the date was holding the post of

Professor. Therefore at best, the learned counsel would

submit that if the petitioner would meet every other

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eligibility, his name would be considered for Chairperson

or Headship of the Department of Botany once the terms

of the 5th respondent gets over.

7. The learned counsel for the 5th respondent

would toe the lines of the learned counsel for the

University to contend that the notification clearly indicates

that the rotation is by seniority and if it is by seniority, the

5th respondent is far senior to the petitioner. Therefore no

fault can be found with the appointment of the 5th

respondent, is the submission of the counsel.

8. I have given my anxious consideration to the

arguments advanced by both the parties.

9. The afore narrated facts are not in dispute. The

issue lies in an narrow compass. The 5th respondent is a

Professor in the University in the Department of Botany

right from 2014. The petitioner who was in the cadre of

Associate Professor is promoted to the cadre of Professor

in the year 2023 i.e. 23.03.2023 with retrospective effect

from 15.11.2022. The period of the incumbent, who was

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holding the post of Chairman, was to come to an end on

01.01.2024, at which point in time it was found that the

5th respondent was far senior to the petitioner and

therefore, on rotation the 5th respondent is appointed as

the Chairman. The notification issued by the University to

follow such rotation reads as follows:

"Ref.No.: KU-Syndicate/Dept/Chair/2016-17/157 Date:01.06.2016

NOTIFICATION

Sub:- Determine the eligibility of Associate Professor for Chairmanship in P.G. Departments of K.U. Dharwad.

Ref:- 1) Committee Proceedings dated: 17.03.2016.

2) Syndicate resolution No.12 dated: 23.03.2016

3) Vice-Chancellor order dated: 30.04.2016.

The Syndicate at its meeting held on 23.03.2016 (vide Res No.12) has amended the existing Ordinance vide Resolution No.20 dated: 30.06.1995 relating to the Chairmanship of the Dept. of Studies to read as under.

Amended Ordinance:

(1) In respect of the Departments established and maintained by the University, every Professor and Associate Professor with 3 years of service and requisite API scores required to be eligible for the post of Professor (As per UGC Regulations from time-time) shall by rotation according to seniority, act as Chairperson of the department for a period of 2 years.

NC: 2025:KHC-D:1668

(2) When a question arises regarding the appointment of Associate Professor as Chairperson of the department his/her API score shall be evaluated by the scrutiny committee as done in the case of recruitment/Promotions.

(3) In any Department, if there are no Professors every Associate Professor shall by rotation according to Seniority shall act as the Chairperson of the Department for a period of 2 years irrespective of his/her API Scores.

The Ordinance comes in to force with effect from 01.06.2016.

Accordingly the present head of the departments of studies will continue to be head of the respective departments for a remaining period of their tenure.

Sd/-

REGISTRAR"

10. In terms of amended Ordinance Clause (1), the

rotation must be amongst the Professors and if the

Professors are not available, Associate Professors with

three years of service, and all other requisites by rotation

for a period of two years.

11. As observed hereinabove, the petitioner comes

in as a Professor only on 23.03.2023 albeit with

retrospective effect but integrant to the cadre of Professor

substantially for the subject purpose on 23.03.2023. In

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that light, the petitioner cannot point a finger at the 5th

respondent, who is far senior to him for having being

appointed as a Chairman. Submission of the counsel for

the University would merit acceptance that the turn of the

petitioner would come on 05.01.2026, at the time when

the tenure of the 5th respondent would come to an end.

12. It is made clear at that point in time, the

notification shall be given effect to as also the

interpretation of the Allahabad High Court as to what is

rotation. The Allahabad High Court has held that rotation

would not be repeating only those persons who have been

already appointed but eligible persons who have not been

appointed as Chairperson, should be given opportunity to

work. There can be no qualm about the principles so laid

down by the Allahabad High Court. Therefore, the

University, shall at the time of appointment of the

Chairperson, in the next ensuing opportunity, shall

consider the case of the petitioner as well in terms of the

notification dated 01.06.2016.