Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 28392 (KAR)

PROF K SADASHIVA v. THE STATE OF KARNATAKA

WP/16969/2025 · 2025-06-26

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16969 OF 2025 (S-RES) BETWEEN: 1. PROF K SADASHIVA S/O KARIYAPPA AGED ABOUT 61 YEARS SENIOR PROFESSOR OF HISTORY MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. A-01-03, AIISH LAYOUT BOGADI 2ND STAGE MYSURU-570026. 2. PROF.Y.H. NAYAKWADI S/O HANUMAPPA AGED ABOUT 61 YEARS SENIOR PROFESSOR OF HISTORY MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO 42, MMG LAYOUT RAJARAJESHWARI NAGARA MYSURU-570017. 3. PROF.T.S. DEVARAJA S/O LATE SETTY GOWDA AGED ABOUT 58 YEARS PROFESSOR OF COMMERCE POST GRADUATE CENTRE HASSAN -573226 UNIVERSITY OF MYSORE R/AT. NO.152/4, 5TH CROSS NEAR GRAMEENA KOOTA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 UDAYAGIRI EXTENSION HASSAN -573201. 4. PROF. G.T.SOMASHEKAR S/O THAMMAIAH AGED ABOUT 55 YEARS SENIOR PROFESSOR OF HISTORY MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO. 156, 1ST 'D' CROSS 3RD MAIN, NIVEDITHA NAGARA MYSURU-570022. 5. R. SHIVAPPA S/O RAMAKRISHNAPPA AGED ABOUT 59 YEARS SENIOR PROFESSOR OF SOCIAL WORK MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO.54, 1ST MAIN 2ND CROSS RAILWAY LAYOUT, BOGADI MYSURU – 570026. 6. PROF.M.R. GANGADHAR S/O M.C.RAJGOPAL AGED ABOUT 56 YEARS PROFESSOR OF ANTHROPOLOGY MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO. 85, 1ST MAIN 1ST CROSS BOGADI BANK COLONY MYSURU-570026. 7. PROF. A.P.GNANA PRAKASH S/O P.S. AKKANA GOWDA AGED ABOUT 53 YEARS PROFESSOR OF PHYSICS MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO.521,12TH MAIN 15TH CROSS, RAILWAY LAYOUT BOGADI, MYSORE-570026. - 3 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 8. DR. K. R. VASUKI S/O P RANGANNA AGED ABOUT 54 YEARS SENIOR PROFESSOR OF MATHEMATICS MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO. 14/A BANUSIRI 2ND CROSS, RAILWAY LAYOUT BOGADI, MYSURU- 570026. 9. PROF.K.NAGENDRA BABU S/O LATE K.KRISHNAPPA AGED ABOUT 57 YEARS PROFESSOR OF COMMERCE MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO. 130, C BLOCK 21ST MAIN 19TH CROSS VIJAYNAGARA 2ND STAGE MYSURU-570017. 10. PROF. H.T.VENKATESHAMURTHY S/O THIMMAIAH AGED ABOUT 53 YEARS PROFESSOR OF KANNADA SIR M.V.P.G CENTER TUBINAKERE MANDY UNIVERSITY OF MYSORE R/AT NO. 383, PARISHRAMA NEAR BENCH KATTE MARAMMA PARK BEHIND CHRIST PUBLIC SCHOOL JUDICIAL LAYOUT, BOGADI MYSORE-570026. 11. PROF. H.RAJASHEKAR S/O HOLABASAPPA AGED ABOUT 61 YEARS SENIOR PROFESSOR OF COMMERCE MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO. 28, C BLOCK - 4 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 ANANADANAGARA, DATTAGALLI MYSURU- 570022. 12. PROF. VIJAY SHESHADRI S/O SHESHADRI B AGED ABOUT 59 YEARS PROFESSOR OF ENGLISH SIR M.V.P.G CENTER TUBINAKERE MANDYA UNIVERSITY OF MYSORE R/AT. NO. RAJASHESHA, NO295 12TH CROSS VIJAYANAGAR RAILWAY COLONY MYSORE- 570016. 13. PROF. H.S.APARNA S/O H.B SOSALE GOWDA AGED ABOUT 59 YEARS SENIOR PROFESSOR OF BIOTECHNOLOGY MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO. 825, V 10TH B CROSS ROOPANAGAR, MYSURU- 570026. 14. PROF. B.NAGARAJU S/O BASAVARAJU AGED ABOUT 57 YEARS SENIOR PROFESSOR OF COMMERCE MANASAGANGOTHRI UNIVERSITY OF MYSORE R/AT. NO.5509, MOOGUMARAMMA MANE 2ND CROSS, THYAGARAJA COLONY MYSURU-570026. …PETITIONERS (BY SRI. A D RAMANAND., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560001. - 5 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 2. ADDITIONAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560001. 3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT REP. BY SENIOR AUDIT OFFICER OFFICE OF PRINCIPAL ACCOUNTANT GENERAL (G AND SSA) P B NO 5398 BENGALURU-560001. 4. MYSORE UNIVERSITY REP. BY REGISTRAR MYSORE –570003. 5. FINANCE DEPARTMENT MYSORE UNIVERSITY REP. BY FINANCE OFFICER MYSORE -570005. …RESPONDENTS (BY SRI BOJEGOUDA T KOLLER, AGA FOR R1 & R2: SRI. T P RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R4 & R5: SERVICE OF NOTICE TO R3 IS DISPENSED WITH V/O DATED: 26.06.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS BY DECLARING THE COMMON IMPUGNED ORDER PASSED BY THE GOVERNMENT TO THE PETITIONERS NO.L TO PETITIONER NO 14 VIDE SIMILAR IMPUGNED ORDERS IMPUGNED ORDER NO HA SHA 18/2025-26 DATED 08-05- 2025 TO VIDE EMPLOYEE CODE 0100171691 TO PETITIONER NO-1 ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners have called in question the orders passed by the respondent-University at Annexure-A series, whereby the respondent-University has ordered for recovery of amount from the petitioners. 2. The main grievance of the petitioners is that the impugned orders at Annexure-A series have been passed without giving any notice to the petitioners, which violates the rights of the petitioners guaranteed under Article 14 of the Constitution of India. 3. The learned counsel for the petitioners contends that in similar matter in W.P.No.26147/2024 and connected matters disposed of on 11.02.2025, this Court has quashed the impugned orders passed by the University and directed the University to issue show-cause notice to the petitioners and after providing an opportunity of reply - 7 - HC-KAR NC: 2025:KHC:22429 WP No. 16969 of 2025 to the petitioners, shall pass appropriate orders, in accordance with law. 4. In the instant case also, the impugned orders have been passed without giving any notice to the petitioners. The same is in violation of the principles of natural justice. 5. In view of the above, the following order is passed: ORDER a) Writ petition is allowed. b) The impugned orders at Annexure-A series, are hereby quashed. c) Respondent-University is directed to issue show-cause notice to the petitioners and after providing an opportunity to reply, shall pass appropriate orders, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM, LIST NO.: 1 SL NO.: 30