C BASAVARAJU Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) THE petitioner was appointed as a full time lecturer in the 1st respondent University on 30. 10. 1996. He was appointed as a Reader through direct selection on 31. 1. 2003. He has completed M. A. , LL. M. , and he has been awarded Ph. D. degree in Social Justice under the indian Constitution. By a notification dated 22. 10. 2003 the petitioner came to be nominated as a dean of faculty of law under Section 21 of the Karnataka Universities Act, 2000 ( for short hereinafter referred to as 'the Act') pursuant to the approval given by the Vice Chancellor. Annexure -B is the said notification. According to the petitioner, as is clear from the notification the term of Deanship is for a period of two years, hence his term shall expire only on 22. 10. 2005.

(2.) THE University has issued a notification as per Annexure - A nominating the 3rd respondent as dean of Faculty of law, in the 1st respondent University. The grievance of the petitioner is that as per Annexure-B he is entitled to continue to hold the office of Dean for a period of two years from the date of his nomination which expires on 22. 10. 2005, which is now been curtailed by the university by the impugned notification. It is contended that prior to the appointment of the petitioner, the 3rd respondent had already completed two terms of Deanship in the University as the said post is to be held on rotation. Before passing the impugned notification, the petitioner has not been heard and no prior notice was given, hence, the impugned notification is violative of principles of natural justice.

(3.) IN Para 7 of the Writ Petition, the petitioner alleges that after the 2nd respondent took over as vice Chancellor in November 2003, he has been exhibiting hostile attitude towards SC officers of the University. At his instance, two SC officers namely, Mr. Mahesh Chandra Guru, was removed from the additional charge of the post of Director, Students Welfare as per Annexure-C, and Dr. Shekar, was removed from the post of Director, P. G. Centre, Hassan prematurely. Now the axe has fallen on the petitioner, who is the President of the Mysore University, Dalit employees Association, in furtherance of the hostile attitude towards SC officers. Therefore, it is contended that the action of the University in cutting short the tenure of the petitioner is arbitrary and capricious as it violates the right guaranteed to the petitioner under Articles 14 and 16 of the constitution of India, besides being actuated with mala fides. Hence, the petitioner seeks quashing of Annexure -A and direction to the University to allow him to complete his term of two years.