THE REGISTRAR, VISVESVARAYA TECHNOLOGICAL UNIVERSITY Vs. THE CHANCELLOR, VISVESVARAYA TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) Visvesvaraya Technological University, Belagavi, has filed this writ appeal challenging the order dated 27.02.2015 passed by the learned Single Judge, thereby dismissing the writ petition as not maintainable.

(2.) The writ petition was filed questioning the notification dated 19.12.2014 issued by the Chancellor of Universities in Karnataka, appointing a retired Judge of the High Court as one man fact finding committee to enquire into certain allegations made regarding the irregularities committed in the recruitment for 168 teaching posts and in awarding civil works and purchases in the University and several other allegations of irregularity as stated in the said notification. As is evident from the notification impugned in the writ petition, the Chancellor has exercised his power under Section 11(1) & (2) of the Visvesvaraya Technological University Act, 1994, (for short, 'the Act').

(3.) The main contention of the writ petitioner-University was, that neither Section 11 nor any other provision in the Act conferred any power on the Chancellor to appoint such a committee and that the only power as provided under the Act is under Section 9, whereunder the State Government may call upon the University to offer its explanation with regard to any such matter and only if the explanation is found to be unsatisfactory, then the State Government with the concurrence of the Chancellor can issue instructions to the University and even there, the Chancellor had no independent power to act on his own to appoint a committee either under Section 11 or Section 9 of the Act. The writ petition was resisted by the Chancellor.