- 1 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107330 OF 2025 (S-RES) BETWEEN: MR. RAJENDRAKUMAR YAMANAPPA BUDIHAL, AGED ABOUT 60 YEARS, PROFESSOR OF GEOLOGY, KARNATAKA SCIENCE COLLEGE, SHRI SAI RAM, MIG 101, KHB COLONY, LAKAMANAHALLI, DHARWAD – 580 004. …PETITIONER (BY SRI. P. V. GUNJAL, ADVOCATE) AND: 1. KARNATAK UNIVERSITY, PAVATE NAGAR, DHARWAD 580 003, REPRESENTED BY ITS REGISTRAR. 2. THE SYNDICATE, KARNATAKA UNIVERSITY, PAVATE NAGAR, DHARWAD 580 003, REPRESENTED BY VICE CHANCELLOR. 3. MR. SHYAM MALLANGOUDAR, AGED ABOUT 55 YEARS, SYNDICATE MEMBER KARNATAK UNIVERSITY, BIN DEVANGOUDA, TAYI KRUPA, BOVI GALLI, LINE BAZAR, DHARWAD – 580 001. 4. MR. MAHESH Y. HULENNAVAR, AGED ABOUT 58 YEARS, SYNDICATE MEMBER KARNATAKA UNIVERSITY, NEAR DURGA DEVI TEMPLE, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 RAJIV GANDHI NAGAR, DHARWAD 580 004. …RESPONDENTS (BY SRI. R.H. ANGADI, ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING ANNEXURE-F, THE DECISION ON ITEM NO.18 PASSED BY THE RESPONDENT NO.2 SYNDICATE ABOLISHING THE POST OF ACADEMIC DEAN AND TO APPOINT THE PERSON NEXT IN SENIORITY TO THE PRINCIPAL AS THE VICE PRINCIPAL OF THE KARNATAK ART AND SCIENCE COLLEGE, AS UNSUSTAINABLE, BEING UNILATERAL AND ARBITRARY. ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE G THE COMMUNICATION DT 22ND SEPT 2025, ISSUED BY THE REGISTRAR, INFORMING THE PETITIONER OF THE CANCELLATION OF HIS APPOINTMENT AS ACADEMIC DEAN AND FURTHER DIRECTING HIM TO HAND OVER CHARGE TO THE PRINCIPAL - THE SAME BEING UNILATERAL. DIRECT RESPONDENTS NO. 1 AND 2 TO RESTORE THE POST OF ACADEMIC DEAN AND RESUME THE PETITIONER TO THE SAID POST. DECLARE THAT THE PROCESS OF APPOINTING THE SENIOR MOST FACULTY, NEXT IN SENIORITY TO THE PRINCIPAL, AS THE VICE PRINCIPAL IS CONTRARY TO RULE VI OF THE KARNATAK UNIVERSITY STATUTE, 2018 FRAMED ON THE BASIS THE GUIDELINES ISSUED BY THE UGC, AND IS HENCE UNSUSTAINABLEE AN DETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. A. Issue a Writ of Certiorari, quashing Annexure-F, the decision on item no.18 passed by the Respondent No.2 syndicate abolishing the post of Academic Dean and to appoint the person next in seniority to the Principal as the Vice Principal of the Karnataka Art and Science College, as unsustainable, being unilateral and arbitrary. B. Issue a Writ of Certiorari quashing Annexure G the communication dt 22nd Sept 2025, issued by the Registrar, informing the petitioner of the cancellation of his appointment as academic dean and further directing him to hand over charge to the Principal - the same being unilateral. C. Direct Respondents no.1 and 2 to restore the post of Academic Dean and resume the petitioner to the said post. D. Declare that the process of appointing the senior most faculty, next in seniority to the principal, as the vice principal is contrary to rule vi of the Karnataka University Statute, 2018 framed on the basis the guidelines issued by the UGC, and is hence unsustainable. E. Issue such other writ, pass such other order or give such other direction as this Hon’ble court considers proper in the facts and circumstances of the case, In the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 2. The learned counsel appearing for the petitioner would project twin prayers, one removal of the petitioner from the post of Dean cum Director of the Karnataka Science College and the other, a direction to follow the statute/Rules for appointment to the post of Vice Principal of the College. 3. Insofar as the first submission is concerned, it is an admitted fact that the petitioner has been removed from the post of Dean based on certain complaints. The petitioner is not even issued any notice prior to his removal from the post of Dean. Though post of dean would not create an indefensible right for any person to continue the said post, if the person holding the said post is removed on account of complaints, it would undoubtedly cause a stigma. Therefore, the petitioner ought to have issued a notice, in the least, calling for explanation with regard to the allegations against him. That having not been done, the removal of the petitioner from the post of Dean would become contrary to law, as it is in violation of principles of natural justice. 4. Insofar as the other submission is concerned, i.e. following of the rules with regard to the appointment of the Vice - 5 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 Principal, learned counsel Sri. R.H. Angadi appearing for the respondent has filed an affidavit of undertaking which reads as follows: “ Herein, I Dr. Shankareppa Vanikyal, Age 54, Occ: Registrar, Karnatak University. Dharwad do here by state on oath as under: 1) I state that, as I am working as Registrar of Respondent Karnataka University. Dharwad, I am aware of the facts of the top noted petition, as such I am competently swear to the Contents of the affidavit. 2) I state that the Karnataka University will strictly follow Rule 6 of statute which is notified vide notification no. no. KU/Syndicate/2023-24/1690, dt. 01.12.2023, while appointing Vice Principal, Karnataka Science College, Dharwad. As per the Rule, an existing senior faculty member will be designated as Vice- Principal by the Governing Body of the College on the recommendation of the Principal, for a tenure of 02 years, who can be assigned specific activity, in addition to his/her existing responsibilities will be considered for such post. Hence the Undertaking.” 5. The undertaking is that the University would strictly follow Rule 6 of the statute notified on 01.12.2023 for appointing the Vice Principal. 6. In the light of the said undertaking, it is needless to observe that the University being a State under Article 12 of the - 6 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 Constitution of India, would not violate the undertaking placed before this Court and adhere to the law while appointing a person to the post of Vice Principal. 7. In the light of the aforesaid circumstances, I deem, it appropriate to dispose the subject petition by the following: ORDER i. The petition is allowed in part. ii. The order which removes the petitioner from the post of Dean is set aside. The petitioner shall be issued notice within four weeks from the date of receipt of copy of the order, to which, the petitioner shall submit his reply within four weeks thereafter. The decision on the said reply be taken by the University within four weeks from the date of receipt of the reply from the hands of the petitioner. iii. In all, the proceedings with regard to the removal of the petition from the post of Dean shall conclude within twelve weeks from the date of receipt of the copy of the order. - 7 - HC-KAR NC: 2025:KHC-D:15081 WP No. 107330 of 2025 iv. Insofar as the affidavit of undertaking so filed before this Court shall be strictly adhered to by the University while making appointment to the post of Vice Principal. Sd/- (M.NAGAPRASANNA) JUDGE kmv List No.: 1 Sl No.: 18