M S DAKSHINA MURTHY Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) In these Writ Petitions the petitioners, two of them Readers and one a Lecturer in Hind' in the University of Mysore, aggrieved by the memos issued by respondent - 1 University of Mysore which are at Annexures F, F1 and F2, have challenged the legality of the same. Those memos as they are termed are dated 24-4-1984.

(2.) It is stated in the memos that pursuant to the report of the Vice-Chancellor on the enquiry into the allegations made against the candidates/persons mentioned therein and the decision of the Syndicate dated 6-8-1983 thereon, after examining the reply to the final show cause notices, they were kept out of the Examinership for a period of 5 years for giving room to suspect that there was liberal valuation in some cases. In Annexure-F the petitioner in W.P.9625/84 is penaalised, in Annexure-F1 the name of petitioner in W.P.9624/84 is mentioned and the memo at Annexure-F2 is couched in the same terms and the name shown therein is that of the petitioner in W.P. 9626/84.

(3.) From the very language used in all the three memos what has been imposed on them is a penalty is left in no doubt. Petitioners' contention is that the whole exercise resulting in Annexures F, F1 and F2 are without the authority of law and contrary to the rules of natural justice. In that circumstance, they have moved this Court under Article 226 of the Constitution praying for quashing Annexures F, F1 and F2 by issue of a Writ in the nature of certiorari.