- 1 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22541 OF 2025 (S-RES) BETWEEN: DR.L.RAJANNA S/O LATE LINGAIAH AGED 57 YEARS WORKING AS PROFESSOR DEPARTMENT OF BOTANY BANGALORE UNIVERSITY JNANABHARATHI CAMPUS BANGALORE 560056. …PETITIONER (BY SRI. R SRINIVASA GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M S BUILDING, BENGALURU 560001. 2. THE BANGALORE UNIVERSITY REP. BY THE REGISTRAR JNANABHARATHI CAMPUS BENGALURU 56. 3. DR T G UMESH S/O GANGABHOVI AGED 50 YEARS WORKING AS PROFESSOR DEPARTMENT OF BOTANY BANGALORE UNIVERSITY JANANABHARATHI CAMPUS BANGALORE 560056. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 4. DR H R RAVEESHA S/O RAMAIAH AGED 51 YEARS WORKING AS PROFESSOR AND CHAIRMAN DEPARTMENT OF BOTANY BANGALORE UNIVERSITY JANANABHARATHI CAMPUS BANGALORE 560056. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1: SRI.PRASANNA B R, ADVOCATE FOR R2: SRI. VIJAY KUMAR., ADVOCATE FOR R3: SRI M H PRAKASH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE A WRIT TO REVIEW THE ORDER DATED: 20.12.2023 PASSED IN W.P.NO. 25376/2023 (S-RES) VIDE ANNEXURE-H INSOFAR DIRECTION REGARDING APPOINTMENT OF R-3 AS CHAIRMAN FOR THE PERIOD COMMENCING FROM 30.06.2025 TO 29.06.2027 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed under Article 226 of the Constitution of India seeking to review the order dated 20.12.2023 passed in W.P.No.25376/2023 (S-RES) at Annexure-H, insofar as the direction regarding appointment of Dr.T.G.Umesh, respondent No.3 herein, as - 3 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 Chairman of the Department of Botany, Bangalore University, for the period commencing from 01.07.2025 for a period of two years. 2. The brief facts of the case: As per Section 34(5) of the Karnataka State Universities Act, 2000 (for short ‘the Act’), each Department of Studies shall have a Chairman, who shall also be the Chairman of the Departmental Council. As per Section 34(7) of the Act, the Chairman shall be appointed by the Syndicate for a term of two years, or for such other term as the Syndicate may determine from time to time. As per the Statute of respondent No.2-University, pertaining to the Appointment of Chairman, Department of Studies/Department of Council by Rotation, the Chairman of each Department of Studies/Department of Council shall be appointed for a period of two years on rotation in the order of seniority. In respect of Department of Botany, Dr.L.Rajanna (petitioner herein) was appointed as Chairman from 02.07.2016 to 01.07.2018, Dr.V.Shivaram was appointed from - 4 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 02.07.2018 to 03.06.2020 and Mr.T.G.Umesh (respondent No.3 herein) was appointed from 05.07.2019 to 04.07.2021 as incharge. Thereafter, Dr.C.Maya was appointed from 29.07.2021 to 26.07.2023. Being aggrieved by the appointment of Dr.C.Maya as Chairman, the Dr.T.G.Umesh filed W.P.No.14184/2021. This Court by order dated 14.07.2023 has allowed the said writ petition and set aside the resolution of the Syndicate appointing Dr.C.Maya as Chairman of Department of Botany on the ground that Mr.T.G.Umesh (respondent No.3) herein is senior to Dr.C.Maya and he has worked from 05.07.2019 to 04.07.2021 as incharge Chairman and since it was not a regular appointment, the Court directed the respondent University to consider the case of Dr.T.G.Umesh as regular Chairman of respondent-University, in accordance with law. In the meantime, the University has appointed Dr.H.R.Raveesha (respondent No.4 herein) as Chairman of Department of Botany on 13.10.2023. Thereafter, Dr.T.G.Umesh has given representation contending that in - 5 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 view of the direction issued by this Court in W.P.No.14184/2021, he should be appointed as Chairman. On consideration of his representation and in terms of the direction issued by this Court, Dr.T.G.Umesh has been appointed as Chairman by order dated 13.10.2023. Being aggrieved by the same, Dr.H.R.Raveesha filed review petition before this Court in R.P.No.486/2023 and this Court by order dated 10.11.2023 disposed of the writ petition reserving liberty to the review petitioner to challenge the order dated 13.10.2023 before the competent forum. Thereafter, Dr.H.R.Raveesha filed W.P.No.25376/2023. This Court by order dated 20.12.2023 disposed of the writ petition and quashed the appointment of Dr.T.G.Umesh as Chairman and directed the University to continue Dr.H.R.Raveesha as Chairman till 30.06.2025 and thereafter, shall appoint Dr.T.G.Umesh as Chairman for a period of two years from 01.07.2025 to 30.06.2027. Pursuant to the directions of this Court passed in W.P.No.25376/2023, Dr.T.G.Umesh has been - 6 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 appointed as Chairman of Department of Botany. Being aggrieved by the same, the petitioner herein has filed this present writ petition seeking review of the order dated 20.12.2023 passed in W.P.No.25376/2023, wherein a specific direction has been issued to the University to appoint Dr.T.G.Umesh as Chairman of Department of Botany from 01.07.2025 for a period of two years. 3. The learned counsel for the petitioner has contended that as per the University Statute, the term of Chairman of the Department is two years on rotation. Since Dr.T.G.Umesh has completed two years of service from 05.07.2019 to 04.07.2021 and all five professors from the department have completed their first term of two years as Chairman and since Dr.L.Rajanna is the senior most, he should be appointed as Chairman for the second term of two years. Since a specific direction was given by this Court in W.P.No.25376/2023, Dr.T.G.Umesh has been appointed as Chairman. In W.P.No.25376/2023, the petitioner herein i.e., Dr.L.Rajanna, is not a party and - 7 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 therefore, his right has been affected. In support of his case, he has relied upon the decision rendered in the case of Shivdev Singh & Others reported in AIR 1963 SC 1909 and in the case of Lal Bahadur Memorial English- School, Bengaluru v. State of Karnataka and Others reported in AIR 1996 KAR 335. Hence, he sought for allowing the writ petition. 4. The learned counsel for the respondent No.3 submits that as per the Karnataka State Universities Act, 2000, and the Statute of respondent No.2-University, Dr.T.G.Umesh (respondent No.3 herein) has not been appointed as regular Chairman. This Court in W.P.No.14184/2021 disposed of on 14.07.2023 has held that the appointment of Dr.T.G.Umesh from 05.07.2019 is only as In-charge Chairman and hence, directed the University to consider the case of Dr.T.G.Umesh for appointment as regular Chairman. Thereafter, in view of the directions of this Court passed in W.P.No.14184/2021 on 14.07.2023, in subsequent W.P.No.25376/2023 - 8 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 disposed of on 20.12.2023, this Court has specifically directed the University to appoint Dr.T.G.Umesh as Chairman of the Department of Botany from 01.07.2025 for a period of two years. Unless, Dr.T.G.Umesh completes his first term as regular Chairman, Dr.L.Rajanna (petitioner herein) will not get his second term as Chairman. Hence, he sought for dismissal of the petition. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. It is not in dispute that the petitioner has completed his first term of two years as Chairman of the Department of Botany from 02.07.2016 to 01.07.2018. Thereafter, Dr.V.Shivaram was appointed from 02.07.2018 to 03.06.2020 and next senior most Professor is Dr.T.G.Umesh. Hence, Dr.T.G.Umesh has been appointed from 03.07.2019 and 04.07.2021 as in-charge Chairman. This Court in earlier round of litigation in W.P.No.14184/2021 disposed of 14.07.2023 has given a - 9 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 clear finding that the appointment of Dr.T.G.Umesh as in- charge Chairman of the Department of Botany is to manage day to day affairs and it is not a regular appointment. It has also given a specific direction to the respondent-University to consider the case of the petitioner therein i.e., Dr.T.G.Umesh as a regular chairman of the respondent-University in accordance with law. The relevant paragraphs 10, 11 and 12 of the order dated 14.07.2023 passed in W.P.No.14184/2021 is extracted hereinbelow: “10. It is also not in dispute that the Chairman of Department of Botany, Dr. V.Shivaram was appointed as Registrar of the respondent- University as per the Notification dated 04.07.2019 and thereby, the petitioner being a senior most Professor in the Department was appointed as an In-charge Chairman as per the Notification dated 05.07.2019 by the Registrar of the University (Annexure-D). 11. Further, Clause (7) of Section 34 of the Karnataka State Universities Act, 2000, empowers that, the Chairman shall be appointed by the Syndicate for a term of two years, or for such other term as the Syndicate may determine from time to time. By applying Section-34 of the aforementioned Act in consonance with the - 10 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 Notification dated 11.11.1991 (Annexure-B), the Syndicate ought to have appointed the petitioner as the Chairman of the Department of Botany for a period of two years. What emerges from Annexure-D is that, the said Notification dated 05.07.2019 has been passed by the Registrar of the University appointing the petitioner as an In- charge Chairman of Department of Botany to manage day-to-day affairs. Therefore, I am of view that, the reason stated by the Syndicate in its Resolution dated 14.07.2021 in Item No.48, appointing respondent No.3 is not correct, as the petitioner being the senior most Professor in the respective Botany Department and the said order dated 05.07.2019 has been passed subject to the decision of the Syndicate and therefore, the respondent-University in its meeting dated 14.07.2021, ought to have regularized the appointment of the petitioner as a Chairman of the Department of Botany and in that view of the matter, I find force in the argument advanced by the learned counsel appearing for the petitioner that the Resolution dated 14.07.2021 by the Syndicate of respondent-University is incorrect and contrary to Section 34 of the aforementioned Act and the Notification dated 11.11.1991 (Annexure-B). 12. In that view of the matter, following the declaration of law made by the Hon'ble Apex Court in the case of Mamata Mohanty (supra), wherein at paragraph No.37 the Hon'ble Apex Court has held that, if an order at the initial stage is bad in law, then all further proceedings consequent thereto will be non est and have to be necessarily set aside, which reads as under: "37. it is a settled legal proposition that if an order is bad in its inception, it does not - 11 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 get sanctified at a later stage. A subsequent action/development cannot validate action which was not lawful at its inception for the reason that the illegality strikes at the root of the order. It would be beyond the competence of any authority to validate such an order. It would be ironic to permit a person to rely upon a law, in violation of which he has obtained the benefits. A right in law exists only and only when it has a lawful origin". And taking into consideration the fact that, the appointment of the petitioner as the Chairman of the Department of Botany in terms of the order dated 05.07.2019 is only as In-charge Chairman i.e., as "¥Àæ¨sÁgÀ ªÀÄÄRå¸ÀÜ". I am of the view that, the respondent-University ought to have passed an order regularizing the appointment of the petitioner to exercise his power as a Chairman of the Department of Botany. In that view of the matter, I pass the following: ORDER a) The writ petition is hereby allowed. b) Item No.48 of the proceedings of the 158th Adjourned Meeting of the respondent-University dated 14.07.2021 (Annexure-G) and the order dated 29.07.2021 (Annexure-H) passed by the respondent-University insofar as the case of petitioner herein and respondent No.3 herein are concerned, are set aside and a direction is issued to the respondent -University to consider the claim of the petitioner in terms of the Notification dated 11.11.1991 (Annexure-B) and Clause(7) of - 12 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 Section 34 of the Karnataka State Universities Act, 2000, at the earliest. c) Consequent upon the appointment of Dr. V. Shivaram as the Registrar of University, the next senior most Professor in the Department of Botany being the petitioner herein, the respondent-University shall consider the case of the petitioner as a regular Chairman of the respondent-University in accordance with law, within an outer limit of four weeks from the date of receipt of a copy of this order.” 7. The order dated 14.07.2023 passed by this Court in W.P.No.14184/2021 has attained finality. Neither of the parties has challenged the same. In view of the order passed in W.P.No.14184/2021, Dr.T.G.Umesh, who is the third senior in the post of Professor of Department of Botany, has not completed his term as regular Chairman and the term which he has worked as Chairman from 05.07.2019 and 04.07.2021 is only as in-charge and not regular appointment as Chairman, as held by this Court in W.P.No.14184/2021. Therefore, this Court in W.P.No.25376/2023 on 20.12.2023 has given a specific direction to the university to consider the case of - 13 - HC-KAR NC: 2025:KHC:31941 WP No. 22541 of 2025 Dr.T.G.Umesh as Chairman from 01.07.2025 to 30.06.2027, since he has not completed his first term as regular Chairman of Department of Botany. Unless, Dr.T.G.Umesh completes his term of two years as regular Chairman of the Department, the petitioner herein will not get his seniority for the second term as Chairman. Therefore, there is no error in the order dated 20.12.2023 passed in W.P.No.25376/2023 and hence, it does not required to be recalled. 8. Accordingly, the present writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 54