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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 6TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE A S BOPANNA

W.P.Nos.29220/2014 & 29402-29471/2014 (S-RES)

BETWEEN:

1. DR. R SHIVAPPA S/O RAMAKRISHNAPPA AGED ABOUT 48 YEARS R/A NO.54, IST MAIN II CROSS, RAILWAY LAYOUT BOGADHI, -570026

2. DR. B SHANKAR S/O LATE BASAVALINGE GOWDA AGED ABOUT 52 YEARS R/A NO.245, A-1 BLOCK III MAIN, 5 TH CROSS VIJAYANAGAR III STAGE MYSORE-570 017

3. PROF. V. RAVISHANKAR RAI S/O RAMANTH RAI AGED ABOUT 57 YEARS R/A NO.178, C BLOCK VIJAYANAGAR 3 RD STAGE MYSORE-570020

4. SRI BHAT SATISH SHANKAR S/O SHANKAR BHAT AGED ABOUT 43 YEARS R/A NO.182, IST FLOOR 7TH MAIN, 4 TH STAGE T K LAYOUT, MYSORE-570009

5. SRI N S HARINARAYANA S/O N SRIKANTA AGED ABOUT 49 YEARS R/A NO.20, 3 RD CROSS K RVANAM, MYSORE-570008 2

6. DR. B S BIRADAR S/O SAHEBAGOUDA S BIRADAR AGED ABOUT 50 YEARS R/A STAFF Q.NO.L-38 MANASAGANGOTHRI MYSORE-570006

7. DR. G HEMANTHKUMAR S/O LATE B M GOVINDARAJ AGED ABOUT 55 YEARS R/A NO.7, SOCHAR CHANNAIAH ROAD T K LAYOUT, MYSORE-570023

8. DR. K R VASUKI S/O R RANGANNA AGED ABOUT 43 YEARS NO.14/A, BANASIRI, II CROSS SHARADANAGAR RALIWAY LAYOUT BOGADI, MYSORE-570026

9. DR. NINGAMMA C BETSUR D/O C B BETSUR AGED ABOUT 49 YEARS R/A NO.337, H G ROAD K N PURA, MYSORE-570019

10. DR. M B SURESHA S/O LATE BETTE GOWDA AGED ABOUT 42 YEARS R/A L 29, 9TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

11. DR. K SHIVASHANKARA S/O KEMPEGOWDA AGED ABOUT 45 YARS R/A NO.4400, ‘J’ BLOCK DATTAGALLI 3 RD STAGE KANAKADASA NAGARA MYSORE-570022

12. DR. H T VENKATESHAMURTHY S/O THIMMAIAH AGED ABOUT 43 YEARS R/A NO.9-10, 3 RD CROSS 3

UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

13. DR S KRISHNAVENI W/O MANJUNATH N AGED ABOUT 39 YEARS NO.691, RAJARAJESHWARI NAGAR BEML 2 ND STAGE BOGADI, MYSORE-570022

14. DR. A P GNANA PRAKASH S/O P S AKKANA GOWDA AGED ABOUT 42 YEARS R/A NO.521, 12 TH MAIN 15 TH CROSS, RAILWAY LAYOUT BOGADI, MYSORE-570026

15. DR. M MAHENDRA S/O MADEGOWDA AGED ABOUT 38 YEARS R/A NO.35, ‘SOURABHA’ KAMAKSHI HOSPITAL ROAD KUVEMPUNAGAR MYSORE-570009

16. DR. K N AMRUTHESH S/O K S NAGARAJU AGED ABOUT 44 YEARS R/A NO.167, 3 RD CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

17. DR. RAJKUMAR H GARAMPALLI S/O HANMANTH RAO AGED ABOUT 40 YEARS R/A NO.T-59 UNIVERSITY QUARTERS 14 TH MAIN, SARASWATHIPURAM MYSORE-570009

18. DR. M S NALINI D/O SOMAIAH M D AGED ABOUT 44 YEARS R/A NO.2080/1, 7 TH CROSS K BLOCK, ADICHUNCHANAGIRI ROAD 4

KUVEMPUNAGAR MYSORE-570023

19. DR ASHADEVI J S D/O J K SURYANARAYANA BHAT AGED ABOUT 48 YEARS R/A NO.214, KASHYAP GANGOTHIR LAYOUT MYSORE-570009

20. DR. M S KRISHNA S/O M SIDDAIAH AGED ABOUT 48 YEARS R/A NO.90, IST MAIN IST CROSS, C G T R I LAYOUT BHOGADI II STAGE (SOUTH) MYSORE-570026

21. DR V SHAKUNTHALA D/O VENKATARAMANA C AGED ABOUT 47 YEARS R/A NO.319, UNIVERSITY LAYOUT LINGAMBUDHI GRAMA MYSORE-570023

22. DR. REKHA J JADHAV D/O KASHINATH JADHAV AGED ABOUT 38 YEARS R/A RI QUARTERS IST CROSS, UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

23. DR. M VASANTHI D/O M MAHESHWARAIAH AGED ABOUT 46 YEARS R/A NO.77, 6 TH CROSS, J C ROAD UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

24. DR NAMADEV MARUTI GOUDA S/O MARUTI GOUDA AGED ABOUT 38 YEARS R/A NO.L-50, GANGOTRI QUARTERS 8TH CROSS, J C E COLLEGE ROAD MANASAGANGOTHIR MYSORE-570006 5

25. DR CHANDRASHEKARA B S/O N C BOREGOWDA AGED ABOUT 48 YEARS R/A NO.89, 25 TH CROSS B BLOCK, III STAGE VIJAYANAGAR MYSORE-570017

26. DR. RACHAIAH S/O SIDDAIAH AGED ABOUT 46 YEARS R/A NO.L-28, 9 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

27. DR. VEENA MATHAD D/O N S MATHAD AGED ABOUT 41 YEARS R/A T-54, TEACHERS FLATS MYSORE UNIVERSITY QUARTERS 14 TH MAIN, SARASWATHIPURAM MYSORE-570009

28. DR. RAMESH S/O VENKATARAJU AGED ABOUT 51 YEARS R/A NO.88, IST CROSS BANKERS LAYOUT, BHOGADHI NEXT TO RING ROAD MYSORE-570026

29. DR. B NAGARAJU S/O MOOGHRU MAHADEVAMMA AGED ABOUT 46 YEARS R/A NO.5509, 2 ND CROSS THYAGARAJA COLONY NANJANGUD-571301

30. DR. R MAHESH S/O LATE K RAJAGOPAL AGED ABOUT 47 YEARS R/A NO.566, APOORVA GIRIDERSHINI LAYOUT ALANTHALLI MYSORE-570028 6

31. DR. M G MANJUNATH W/O A T GANGAPPA AGED ABOUT 45 YEARS R/A NO.9-6, 2 ND CROSS ROAD UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

32. DR. S D SHASHIKALA W/O A G SANTHESH AGED ABOUT 49 YEARS R/A NO.3474, ‘NAGENAVILU’ 7TH MAIN, 2 ND CROSS KANAKADASANAGAR (‘D’ BLOCK) MYSORE-570022

33. DR. VIJAYAKUMARI S KARIKAL D/O SIDDAPPA KARIKAL AGED ABOUT 50 YEARS R/A NO.P-4, 2 ND CROSS ROAD UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

34. DR SOWMYA R D/O LATE R RAMAIAH AGED ABOUT 43 YEARS R/A NO.631, IST FLOOR, 5TH CROSS MARUTHI TEMPLE ROAD T K LAYOUT MYSORE-570009

35. DR. RUBY SALESTINA M D/O GEORGE MORGAN AGED ABOUT 38 YEARS R/A NO.67/A, 4 TH MAIN YADAVAGIRI MYSORE-570020

36. SMT. K AKKAMAHADEVI D/O LATE H M KUMARA SWAMY AGED ABOUT 52 YEARS R/A NO.533, 14 TH CROSS E BLOCK, J P NAGAR MYSORE-570008

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37. DR. K NARAYANA BHATT S/O LATE KRISHNA BHATT AGED ABOUT 55 YEARS R/A NO.R12, 4 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

38. DR. GOOTY DIVANJI S/O LATE GOOTY DIVANJI AGED ABOUT 53 YEARS R/A NO.R7, 4 TH CROSS UNIVERSIT QUARTERS MANASAGANGHOTHRI MYSORE-570006

39. DR. C NAGANNA S/O KALAPP AGED ABOUT 61 YEARS R/A NO.3195, 21/C MAIN VIJAYANAGAR 2 ND STAGE MYSORE-570017

40. SMT. SHAHASEENA BEGUM D/O LATE GHOUSE MOHIUDEEN AGED ABOUT 48 YEARS R/A 4 TH CROSS, AHHAGUNDI II NO.36, EDIGAH MANDI MOHALLI MYSORE-570015

41. DR. H R MANJUNATHA S/O H S RAMACHANDRA AGED ABOUT 48 YEARS R/A NO.27/A, ‘MATRU KRUPA’ BANKER & OTHER BANKER WELFARE ASSOCIATION LAYOUT R T NAGAR, KEGALLI ROAD MYSORE-570006

42. DR. T K KEMPEGOWDA AGED ABOUT 38 YEARS R/A NO.L-26, 9 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

43. DR SANNASHIDDANNANAVAR S S S/O SHIVAMURTHAPPA 8

AGED ABOUT 43 YEARS R/A NO.269, B BLOCK, S B M LAYOUT BOGADI, MYSORE-570026

44. PROF. SRIDHAR M A S/O ANANDALWAR AGED ABOUT 49 YEARS R/A NO.531, P & T BLOCK KUVEMPUNAGARA MYSORE-570023

45. PROF LOKANATH N K S/O KRISHNAPPA GOWDA AGED ABOUT 46 YEARS R/A NO.A02-11, AIISH LAYOUT BOGADI 2 ND STAGE MYSORE-570026

46. DR. M N KUMARA S/O NARASIGOWDA AGED ABOUT 41 YEARS R/A NO.A02-18, AIISH LAYOUT 3RD CROSS, BOGADI 2 ND STAGE MYSORE-570026

47. DR. CHETHANA H R D/O H K RAJEGOWDA AGED ABOUT 46 YEARS R/A NO.390, MARUTHI TEMPLE STREET T K LAYOU,T KUVEMPUNAGAR MYSORE-570009

48. DR. B P ASHA KUMARI D/O B B POOVAIAH AGED ABOUT 43 YEARS R/A NO.69, II CROSS BEHIND SURYA BAKERY HEBBAL, MYSORE-570016

49. DR. KOKILA D/O P NANJUNDE GOWDA AGED ABOUT 38 YEARS R/A NO.L.32, 6 TH CROSS J C E ROAD MANASAGANGOTHRI QUARTERS MYSORE-570006

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50. DR. BHARATHI PANDURANGA C W/O PANDURANGA C AGED ABOUT 40 YEARS R/A H.NO.C.H-17 6TH MAIN, 3 RD CROSS SARASWATHIPURAM MYSORE-570009

51. DR. ROHIT ESWER S/O LATE DR. K P ESWER AGED ABOUT 39 YEARS R/A NO.984, E/F BLOCK PANCHAMANTRA ROAD KUVEMPUNAGAR MYSORE-570023

52. DR. V SHOBHA S/O S VENKATAKRISHNA AGED ABOUT 38 YEARS R/A NO.450, PADUVANA ROAD A & B BLOCK KUVEMPUNAGAR MYSORE-570023

53. DR H S NAGENDRASWAMY S/O SIDDAPPA AGED ABOUT 43 YEARS R/A NO.L-62, 5 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

54. DR. LALITHA RANGARAJAN M D/O A K RANGARAJAN AGED ABOUT 56 YEARS R/A NO.203, CFTRI LAYOUT BOGADI II STAGE MYSORE-570026

55. DR. BASAVARAJ K BARKER AGED ABOUT 39 YEARS R/A DOOR NO.L-43, 9 TH CROSS MANASAGANGOTHRI MYSORE-570006

56. DR. AISHA M SHERIFF D/O H R CHLUVAIAH 10

AGED ABOUT 51 YEARS R/A DOOR NO.106 SHERIFFOLOM 3RD MAIN, BANNIMANTAP C LAYOUT MYSORE-570015

57. DR. S J MANJUNATH S/O LATE JAVAREGOWDA AGED ABOUT 49 YEARS R/A D.NO.291, ‘HOMBELAKU’ 12 TH CROSS, RAILWAY LAYOUT VIJAYANAGAR 2 ND STAGE MYSORE-570017

58. DR N NAGARAJ S/O LATE NANJE GOWDA AGED ABOUT 41 YEARS R/A NO.CH-30, 7 TH MAIN SARASWATHIPURAM MYSORE-570009

59. DR. PAVAMANA R D S/O DEVARAYA R AGED ABOUT 39 YEARS R/A NO.106, 9 TH CROSS NAVILU ROAD KUVEMPUNAGAR MYSORE-570023

60. SMT. A C PRAMILA D/O A CHANDRAPPA AGED ABOUT 41 YEARS R/A NO.977, BEML II STAGE RAJARAJESHWARI NAGAR MYSORE-570022

61. SRI DIWAKAR C S/O CHANDY AGED ABOUT 46 YEARS R/A NO.177, 13 TH CROSS JAYANAGAR BANGALORE-570014

62. DR H S APARNA D/O SRI H B SOSALE GOWDA AGED ABOUT 48 YEARS R/A NO.27, 4 TH MAIN PARAMAHAMSA ROAD 11

YADAVAGIRI MYSORE-570020

63. DR N P GEETHA D/O SRI N NAGARAJA AGED ABOUT 42 YEARS R/A N O.302, 3 RD FLOOR MEREDIAN APARTMENTS GEETHA ROAD, CHAMARAJA MOHALLA MYSORE-570005

64. DR. VIJAYALAKSHMI D/O DASAIAH AGED ABOUT 42 YEARS R/A NO.L-1, 7 TH CROSS UNIVERSITY LECTURER QUARTERS SJEC ROAD, MANASAGANGOTHRI MYSORE-570006

65. SMT JYOTHI H P D/O H V PUTTARAJA NAYAK AGED ABOUT 39 YEARS R/A NO.L-66, 3 RD CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

66. DR. M DANIEL S/O A MATHIBO AGED ABOUT 43 YEARS R/A L-10, 7 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

67. DR. G SHEELA D/O H S GANGADHARA AGED ABOUT 42 YEARS R/A L-51, 7 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

68. DR. P T BHARATHI D/O THIMMAIAH P S AGED ABOUT 48 YEARS 12

R/A L-79, 11 TH CROSS UNIVERSITY QUARTERS MANASAGANGOTHRI MYSORE-570006

69. DR. K SOWBHAGYAVATHI D/O K KRISHNAIAH AGED ABOUT 45 YEARS R/A NO.11, UNIVERSITY QUARTERS NEAR RAMASWAMY CIRCLE MYSORE-570005

70. DR. S T RAMACHANDRA S/O LATE THIMMAPPA S AGED ABOUT 49 YEARS R/A D.NO.57, 4 TH CROSS 6TH MAIN, (K HOSPITAL EAST) MARUTHI TEMPLE ROAD NEW SARASWATHIPURAM MYSORE-570009

71. SRI M V DINESHA M A DGS (PHD) S/O LATE G R VASANTHU AGED ABOUT 47 YEARS R/A DOOR NO.27, 20 TH MAIN VIJAYANAGAR 2 ND STAGE MYSORE-570017 ... PETITIONERS

(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR SRI VINAYAKA B, ADV.)

AND:

1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO EDUCATION DEPARTMENT (UNIVERSITIES) M.S. BUILDING VIDHANA VEEDI BANGALORE-560 001

2. UNIVERSITY OF MYSORE VISHWA VIDYA NILAYA KARYA SOUDHA CRAWFORD HALL

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MYSORE-570005 REPRESENTED BY THE REGISTRAR

... RESPONDENTS (BY SRI A C BALARAJ, HCGP. FOR R1 SRI T P RAJENDRA KUMAR SUNGAY, ADV. FOR R2 M/S. SUBBA RAO & CO. FOR APPLICANT IN IA No.1/15)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF , WITH A PRAYER TO QUASH THE IMPUGNED ORDER DATED 18.06.2014 PASSED BY THE R-1 VIDE ANN-A.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The petitioners are assailing the Government Order dated 18.06.2014 whereunder the Government in exercise of the powers conferred under Section 10(1) of the Karnataka

State Universities Act, 2000 (‘the Act 2000 for short) has annulled the proceedings of the Syndicate of Mysore

University with respect to the recruitments made in violation of the norms during 2006 and 2007 and the appointments issued thereupon.

2. The petitioners the selected candidates in the process that was conducted by the respondent-University and was approved by the Syndicate. However, certain allegations 14 were made with regard to the selection process pursuant to which the committee was set up and based on the recommendations His excellency the Governor had indicated that action be taken. Pursuant thereto the Government in exercise of the power under Section 10(1) of the Act, 2000 has passed the order impugned dated 18.06.2014. In the instant petitions while assailing the order impugned several contentions have been urged to the effect that firstly even if a reconsideration as ordered by his excellency was to be made, the procedure contemplated under Section 8 of the Act was also required to be followed. In that view, the contention is that the right of the petitioners has been affected inasmuch as such procedure has not been followed. It is also the case that such consideration in respect of the entire recruitment process would not be justified since in certain cases the appointment is in accordance with law after following the relevant policy. Further the contention is also that when the

Government finds it necessary to consider the matter under

Section 10 of the Act, 2000 not only the University, the 15

Syndicate of which has passed the orders/proceedings is to be notified but also the employees who would be affected by such action are to be notified and opportunity is to be granted. In that view, it is contended that the order is not justified.

3. Respondent No.1-Government has filed a detailed objection statement referring to the entire conspectus of the matter including the allegations, enquiry held and the action that was required. In that light it is sought to be justified that the ultimate action is in accordance with law. Insofar as the contention that the affected- candidates have not been notified and therefore there is violation of principles of natural justice, the contention as urged is that the non issue of notice cannot be considered as fatal in all situations as held by the Hon'ble Supreme Court in the case of S.L.Kapoor vs.

Jagmohan [(1980)4 SCC 379)] . In that light it is sought that the petitions be dismissed.

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4. Having taken note of the nature of the contentions that are put forth in the petitions, at the outset when nothing is placed on record to indicate that the petitioners whose appointments would stand annulled in view of the impugned order has been notified and an opportunity is granted to put forth the contention, that aspect of the matter requires consideration at the outset since if the conclusion is that the non issue of notice has affected the rights of the petitioners, the impugned order cannot be sustained and all other aspects could be left open to be reconsidered by the Government after issuing notice to the petitioners and similarly placed persons. If the Government deems it necessary to proceed further and such contentions if become necessary for decision making in the appropriate proceedings, the same could be left open.

5. As already taken note, there is no material on record to indicate that the petitioners have been notified before the

Government order dated 18.06.2014 impugned in these petitions is passed. Learned counsel for the petitioners have 17 brought to the notice of this Court the order of a Coordinate

Bench of this Court in the case of C.Krishna vs. University of Mysore, Rep by its Registrar, Mysore and another

(ILR 2005 Kar 361) whereunder it is held that even in the absence of an express provision in the statute, the principles of natural justice is engrafted into the provision of law by implication and when the statute is silent on this aspect, the principles of natural justice can be read into by implications.

6. In that regard while considering the very provision under Section 10 of the Act, 2000, the learned Judge has held that the non issue of notice to the affected party would violate the principles of natural justice. Though the learned

Government Advocate has sought to refer to the decision in the case of Jagamohan (supra), it is seen that even in the said case what has been emphasized is that the compliance of the principles of natural justice is a requirement and the only exception is that even after compliance of such procedure, if it does not indicate that any other aspect on merit is required to be considered, in such circumstance it is held that the 18 compliance would not be a necessity. On this very aspect, learned counsel for the petitioners has relied on the decision in the case of M.P.State Co.Op. Bank Ltd, Bhopal vs.

Nanuram Yadav and others [(2007)8 SCC 264] whereunder the Hon'ble Supreme Court while considering a situation where the appointments of the employees being nullified due to the complaint lodged with the Lokayuktha and a report was submitted thereto, it was held that in that circumstance the employees whose appointments would be affected by the action are required to be notified and thereafter any action could be taken.

7. If that be the position, in the instant facts though it is contended that the Government has notified the University before passing the impugned order, the petitioners and the other similarly situated employees whose appointments would stand nullified have not been notified. In the instant case apart from contending denial of opportunity, the petitioner and the similarly placed employees are seeking to contend that if they had an opportunity in the proceedings, they would 19 bring it to the notice of the Government that the exercise of power under Section 10 is not the ultimate position that is required but Section 8 of the Act also contemplates a procedure which is required to be followed in such circumstance. The petitioners and such other persons also seek to contend that if individual cases are noticed, there is no fault in the appointments.

8. That apart it is also contended that the procedure of placing the matter before the House of Legislature has not been followed and this aspect is also a contention which is required to be urged. Hence if these aspects of the matter are kept in view, certainly the non-issue of notice to the petitioners and similarly placed employees has affected their valuable right inasmuch as the Syndicate at the first instance had approved the appointments and a right had vested in their favour which can only be altered by complying the procedure of law and also the principles of natural justice. In that circumstance, I am of the opinion that in the instant petitions the order impugned is liable to be set aside only on 20 this ground and if at all the respondent Government seeks to redo the procedure, in that circumstance the petitioners and the similarly placed employees who would be affected shall be notified and in the said proceedings the petitioners and the similarly placed employees would be entitled to put forth their contentions including the contention relating to the procedure that is contemplated under Section 8 of the Act which would be available for consideration by the

Government.

9. In that view, all contentions in that regard are left open to enable the petitioners and similarly placed employees to urge before the Government for the purpose of decision making in any other proceedings in which it may arise before this Court. Hence for the reasons stated above, the order dated 18.06.2014 is set aside with liberty to the Government to proceed afresh after providing opportunity.

In terms of the observations contained hereinabove, the petitions are accordingly disposed of. 21

In view of the disposal of the petitions, IA Nos.1/2015 and 2/2015 are disposed of as unnecessary.

Sd/- JUDGE

akc/bms