J SHASHIDHARA PRASAD Vs. GOVERNOR OF KARNATAKA

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) Heard learned counsel on both sides at length.

(3.) The facts which are necessary for the purpose of this judgment are as follows: The Governor of Karnataka, who is the Chancellor of the Mysore University, selected the appellant herein, who was Professor in Physics in the University of Mysore to be the Vice Chancellor of the said University while exercising his powers under Section 11 of the Karnataka State Universities Act, 1976. An order was passed by him on August 20, 1997 by which he appointed the appellant herein as Vice Chancellor for a period of three years with effect from September 4, 1997. But on the very next day, i.e. on August 21, 1997, he passed another order referring to a news item which appeared in the Times of India in respect of the appellant herein stating that he had been facing a criminal case and had been named as the Vice Chancellor. The order passed by the Chancellor stated that he was not aware earlier of the pendency of the criminal case as against the appellant herein and that he found it not desirable to appoint the appellant as Vice Chancellor. Consequently, the earlier order of appointment was rescinded by the later order.