The Chancellor, Bangalore University vs. Sangamesh Patil A

ITEM NO.24 COURT NO.4 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos.5254-5256/2022

(Arising out of impugned final judgment and order dated 16-03-2022 in WA No.3780/2019 16-03-2022 in WA No.3839/2019 16-03-2022 in WA No.3909/2019 passed by the High Court of Karnataka at Bengaluru)

PROF. VENUGOPAL K.R. Petitioner(s)

VERSUS

DR. SANGAMESH PATIL A & ORS. Respondent(s)

(With IA No.81683/2022 - EARLY HEARING APPLICATION and IA No. 81684/2022 - STAY APPLICATION)

Date : 18-07-2022 These matters were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE A.S. BOPANNA

• For Petitioner(s) Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. Gopal Jha, AOR
• For Respondent(s) Mr. N. Ravindranath Kamath, Sr. Adv. Mr. K.V. Muthu Kumar, AOR
  • Mr. Nikhil Goel, AAG Mr. Shubranshu Padhi, Adv.
  • Mr. Ashish Yadav, Adv.
  • Mr. Vishal Banshal, Adv.
• Digitally signed by Mr. Rajeshwani S., Adv.

Mr. Aditya, Adv. Ms. Pinky Anand, Sr. Adv. Mr. Shailesh Madiyal, Adv. Mr. Balendu Shekhar, Adv. Ms. Saudamini Sharma, Adv. Ms. A. Jasmine Kaur, Adv. Mr. Shantanu Raj, Adv. Mr. Vaibhav, Adv.

UPON hearing the counsel the Court made the following O R D E R

• 1 SLP (C) No 6103 of 2022 and SLP (C) Nos 5494-5497 of 2022 are taken on Board.

• 2 In Writ Petition No 55552 of 2018, a Single Judge of the High Court of Karnataka by a judgment dated 24 September 2019 quashed the notification dated 12 June 2018 by which the petitioner was appointed as Vice Chancellor of Bangalore University and in the result, the petition instituted by the first respondent was allowed. This order of the Single Judge was upheld by a Division Bench on 16 March 2022 in a batch of writ appeals.

• 3 On 4 April 2022, this Court issued notice and pending further orders stayed the operation of the impugned judgment of the High Court dated 16 March 2022.

• 4 During the pendency of these proceedings, the term of office of the petitioner as Vice Chancellor of Bangalore University has come to an end in the normal course on 12 June 2022. Since the petitioner had served out the entire term as Vice Chancellor, there would be no occasion in that event to appoint the first respondent as Vice Chancellor in his place. A fresh incumbent, Professor Dr S M Jayakara has been appointed on 11 July 2022.

• 5 Counsel appearing on behalf of the first respondent states that the fresh notification is a subject matter of an independent writ petition which is pending before the High Court. Be that as it may, since the term of the office of the petitioner as Vice Chancellor of Bangalore University has come to an end in the normal course, it is not necessary for this Court to express any view on the question of law which was sought to be espoused in the proceedings under Article 136 of the Constitution. The writ petition which has been instituted before the High Court challenging the fresh notification shall be decided independent of the findings contained in the impugned order of the High Court.

• 6 Subject to the aforesaid clarification, the Special Leave Petitions are disposed of.

• 7 All the terminal benefits payable to the petitioner whose term has now been completed shall be payable on that basis.

• 8 SLP (C) No 6103 and SLP (C) Nos 5494-5497 of 2022 shall accordingly stand disposed of.

• 9 Pending applications, if any, stand disposed of.

A.R.-cum-P.S. Court Master

(CHETAN KUMAR) (SAROJ KUMARI GAUR)