- 1 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 105807 OF 2015 (S-RES) BETWEEN: DR. GANGADHAR SHIVALINGAPPA MULGUND AGE: 48 YEARS, OCC: CURATOR K.U.D, A-8, NEAR GUEST HOUSE, KARNATKAA UNIVERSITY, DHARWAD. …PETITIONER (BY SRI. SUNIL S.DESAI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES), GOVERNMENT OF KARNATAKA, 7TH FLOOR, M.S. BUILDING, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANA SOUDA, BENGALURU-560001. 3. THE REGISTRAR KARNATAKA UNIVERSITY, DHARWAD, DIST: DHARWAD-580001. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 AND R2; SRI. GIRISH S.HULAMANI, ADVOCATE FOR R3) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-V COMMUNICATION IN NO.KAVIVI/SIAASUVI/ SHIKSHAK/2015/5306 DATED 20.03.2015 ISSUED BY RESPONDENT NO.3 AND DIRECT THE RESPONDENT NO.1 AND 2 TO CONSIDER THE CLAIM OF PETITIONER AND DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONER POST AS LECTURER-CUM-CURATOR (ASSISTANT PROFESSOR-CUM- CURATOR) FROM THE DATE OF APPOINTMENT AND DIRECT THE RESPONDENTS TO RELEASE THE SALARY OF THE PETITIONER AS PER THE U.G.C.NORMS ALONGWITH PERIODICAL PROMOTION FROM THE DATE OF APPOINTMENT AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs: a) Issue a writ in the nature of certiorari to quash Annexure-V communication in No.KaViVi/SiAaSuVi /Shikshak/2015/5306 dated 20.03.2015 issued by respondent No.3. b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent No.1 and 2 to consider the claim of petitioner and direct the respondents to consider the - 3 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 petitioner post as Lecturer-cum-Curator (Assistant Professor-cum-Curator) from the appointment and direct the respondents to release the salary of the petitioner as per the U.G.C. norms along with periodical promotion from the date of appointment. c) Issue such other writ, order or direction as this Hon'ble Court may deem fit, in the interest of justice and equity. d) ISSUE a writ of order quashing the communication bearing No. ED15UKS 2008 Bangalore dated 06/03/2009 issued by the 1st respondent as per Annexure-Y and communication bearing No ED16UKS 2014 Bangalore dated 13/02/2015 issued by the 1st respondent as per Annexure-Z has in the interest of justice and equity. e) ISSUE a writ of mandamus directing the 1st respondent to submit statute sent by the 3rd respondent at Annexure-T to the Chancellor for his assent immediately in the interest of justice and equity. 2. Heard the learned counsel for the petitioner and learned AGA for respondent Nos.1 and 2 and perused the material on record. - 4 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 3. A perusal of the material on record will indicate that the petitioner having been appointed as a Museum Curator in respondent No.3-University sought for re- designation of the post from Museum Curator to Lecturer cum Museum Curator, pursuant to which, the respondent No.3-University forwarded the draft statute to respondent Nos.1 and 2 in terms of Section 41(5) of the Karnataka State Universities Act, 2000 (for short, ‘the KSU Act’). 4. It is the grievance of the petitioner that though Section 41 Sub Sections (5) and (6) of the KSU Act mandates that every statute passed by the Syndicate shall be transmitted to the State Government for submission to the Chancellor for assent with its specific recommendations and the State Government was bound to submit/forward the same to the Chancellor, the respondent Nos.1 and 2 have proceeded to reject the request for approval of the said statute by issuing the impugned communication at Annexure-Y dated 06.03.2009, and Annexure-Z dated - 5 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 13.02.2015, aggrieved by which the petitioner is before this Court by way of the present petition. 5. 5. Per contra, learned AGA for respondent Nos.1 and 2 submits that there is no merit in the petition and that the same is liable to be dismissed. 6. However, learned counsel for the respondent No.3-University does not dispute that the respondent No.3 had submitted a draft statute to the respondent Nos.1 and 2 for approval/assent vide communication at Annexure-T dated 02.04.2012. 7. Before adverting to the rival contentions, it would be necessary to extract Section 41 of the KSU Act, which reads as under; “41. Enactment of Statutes and their making.-(1) The Statutes shall be made, amended or repealed by the Syndicate in the manner hereinafter provided. (2) The Syndicate may take up for consideration the draft of a Statute either on its own motion or on a proposal made by the Academic Council. When the draft is not proposed by the - 6 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 Academic Council, the Syndicate shall obtain the opinion of the Academic Council thereon before considering the same. (3) The syndicate shall obtain the opinion of the Finance Committee in respect of such of the Statutes involving financial implications. (4) The Syndicate if it thinks necessary may also obtain the opinion of any officer, authority or body of the university in regard to draft of the Statute before taking it up for consideration. (5) Every Statute passed by the Syndicate shall be transmitted to the State Government for submission to the Chancellor for assent with its specific recommendations. (6) The State Government shall on receipt of the draft Statute submit such draft Statutes along with its comments and specific recommendation to the Chancellor within two months from the date of its receipt and the Chancellor may within two months of the date of receipt of the draft Statute from the State Government assent or withhold his assent thereto or refer it to the Syndicate for further consideration. (7) A Statute passed by the Syndicate shall not be given effect to until it is assented to by the Chancellor.” - 7 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 8. Sub Section (5) of Section 41 of the KSU Act contemplates that every statute passed by the Syndicate (University) shall be transmitted to the State Government for submission to the Chancellor (Governor) for specific recommendations. 9. Sub Section (6) of Section 41 of the KSU Act further contemplates that upon receipt of the draft statute from the Syndicate (University), the State Government shall submit such draft statute along with its comments and specific recommendation to the Chancellor within two months from the date of its receipt and the Chancellor may within two months of the receipt date of receipt of the draft statute from the State Government assent or withhold his assent thereto or refer it to the Syndicate for further consideration. 10. A conjoint reading of Sub Section (5) of Section 41 of the KSU Act, is sufficient to come to the conclusion that except submitting/forwarding draft statute along with its comments and specific recommendations to the - 8 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 Chancellor, the State Government has no other role to play in this regard. 11. In the instant case, it is an undisputed fact that, vide Annexure-T dated 02.04.2012, the respondent No.3- University (Syndicate) submitted the draft statute to respondent Nos.1 and 2 for the purpose of forwarding/submitting the same to the respondent Nos.1 and 2-State in terms of Section 41 Sub Sections (5) and (6) of the KSU Act and in the light of these provisions, the respondent Nos.1 and 2 were clearly not entitled to issue the impugned communications at Annexure-Y dated 06.03.2009 and Annexure-Z dated 13.02.2015, thereby straight away rejecting the statute without following the prescribed procedure and erred in not forwarding/submitting the same to the Chancellor (Governor) to proceed further in terms of Section 41 Sub Sections (5) and (6) of the KSU Act. 12. In other words, so long as the respondent No.3- University (Syndicate) had submitted the draft statute vide - 9 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 Annexure-T dated 02.04.2012 to the respondent Nos.1 and 2-State, it was incumbent upon the respondent Nos.1 and 2 to forward/submit the same to the Chancellor (Governor) for assent/approval in terms of Section 41 Sub Sections (5) and (6) of the KSU Act and the impugned communications at Annexure-Y and Z dated 06.03.2009 and 13.02.2015 respectively, being contrary to the aforesaid provisions as well as the material on record, the same deserves to be quashed and the present petition deserves to be disposed of by issuing appropriate directions. 13. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned Annexures - Y and Z dated 06.03.2009 and 13.02.2015 respectively, are hereby quashed. (iii) The respondent Nos.1 and 2 are directed to forward/submit the draft statute - 10 - HC-KAR NC: 2025:KHC-D:12642 WP No. 105807 of 2015 submitted by the respondent No.3- University along with its communication at Annexure-T dated 02.04.2012 to the Chancellor (Governor of Karnataka) within a period of four (4) weeks from the date of receipt of a copy of this order. Sd/- (S.R. KRISHNA KUMAR) JUDGE SMM / Ct:vh List No.: 1 Sl No.: 27