MOTYA, S/O CHANDAPPA GUDIMANI Vs. KANNADA VISHWAVIDYALAYA

JUDGEMENT

(1.) In both these writ petitions, in substance, the petitioner has laid a challenge to the orders of the respondent-University whereby he has been terminated from service with retrospective effect and strangely, the entire salary earned by him during the service is sought to be recovered on the assumption that his appointment to the post of Assistant Librarian vide order dated 08.05.2006 at Annexure-B was void ab initio.

(2.) After service of notice respondents have entered appearance; the University is represented by its panel counsel, Sri Rajashekar R.Gunjalli; the respondent-State is represented by learned Additional Government Advocate Mr. A.R.Rodrigues. The University has filed its objections.

(3.) Learned counsel for the petitioner, Sri J.S. Shetty submits that, although it is true that the appointment of the petitioner to the post of Assistant Librarian with regular payscale as prescribed by the University Grants Commission was subject to a condition-subsequent that he would pass the National Eligibility Test within two years, the said requirement was liable to be dispensed with in view of UGC decision to the effect that those who hold M.Phil degree need not have NET. That being the legal position, the respondent-University is not justified in invalidating petitioner's appointment that too with retrospective effect and further with a direction to recover the salary, which he had drawn from the day one, since the same is violative of Article 23(1) and Article 300A of the Constitution of India.