SHIVAYOGEPPA B HINCHIGERI Vs. CHANCELLOR KARNATAKA UNIVERSITY BANGLORE

JUDGEMENT

(1.) THIS writ petition raises a short, but important question regarding the appointment of a Vice-Chancellor of a University under the provisions of the Karnataka Universities Act, 2000 (hereinafter referred to as the Act', for the sake of brevity), The petitioner has assailed the notification dated 18.10.2010 issued by the first respondent-Chancellor produced at Annexure-E and has sought consequential directions.

(2.) THE petitioner is stated to be an eminent academician having obtained M.Sc. In Bio-Chemistry in first class and Ph.D., from Simon Fraser University, Canada. He is said to be the senior most professor in the 4th respondent-Karnataka University (hereinafter, referred to as 'the University') established under Section 3 of the Act. THE achievements of the petitioner are stated at Annexure-A. He is, presently, the Registrar of the respondent-University.

(3.) IN response to the said writ petition, first respondent has filed statement of objections, referring to the relevant provisions of the Act and also the UGC Regulations having a bearing on the appointment of the Vice-Chancellor of the University, to contend that the appointment has been made under the provisions of the UGC regulations and not under the provisions of the Act. Certain averments have also been made as to why the candidature of the petitioner was not accepted by the Chancellor and the third respondent was more suitable for the post. While denying various allegations made in the writ petition, the first respondent has sought dismissal of the same.