- 1 - HC-KAR NC: 2025:KHC:49466-DB WA No. 1713 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1713 OF 2025 (S-RES) BETWEEN: THE CHANCELLOR KARNATAKA STAE OPEN UNIVERSITY MANASANGANGOTHRI, MYSORE 570006 REP BY ITS SECRETARY …APPELLANT (BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA.,ADVOCATE) AND: 1. DR. H. VISHWANATH S/O SRI HANUMANTHAPPA, AGE ABOUT 61 YEARS, REGISTRAR EVALUATION, KARNATAKA STATE OPEN UNIVERSITY, MANASAGANGOTHRI, MYSORE 570006. 2. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION, M S BUILDING, DR AMBEDKAR ROAD, BANGALORE 560001. 3. THE KARNATAKA STATE OPEN UNIVERSITY, - 2 - HC-KAR NC: 2025:KHC:49466-DB WA No. 1713 of 2025 REP BY ITS REGISTRAR, KARNATAKA STATE OPEN UNIVERSITY, MANASANGANGOTHRI, MYSORE 57006. 4. DR C S ANANDA, REGISTRAR (EVALUATION), KARNATAKA STATE OPEN UNIVERSITY, MYSORE 570006. …RESPONDENTS (BY SRI.S.H RAGHAVENDRA,AGA) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP No- 14899/20252 ALLOW THE AFORESAID APPEAL BY SETTING ASIDE THE JUDGMENT DATED 19.09.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-14899/2025 (S-RES) IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:49466-DB WA No. 1713 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed on behalf of the Chancellor of the Karnataka State Open University, impugning the judgment and order dated 19.09.2025 passed by the learned Single Judge in W.P.No.14899/2025. 2. The said order came to be challenged by Dr. C. S. Ananda who was respondent No.4 in W.P.No.14899/2025. This Court vide judgment and order dated 30.10.2025 passed in W.A.No.1621/2025 instituted by Dr. C. S. Ananda against the impugned judgment and order dated 19.09.2025 passed in W.P.No.14899/2025 allowed the writ appeal and set aside the impugned judgment and order. Paragraphs 13 to 15 of the judgment and order dated 30.10.2025 passed in W.A.No.1621/2025 reads as under: "13. Thus, it has been held that when there is no fixed tenure and the appointing authority has discretion to appoint any person without any selection who is qualified to the post of Registrar Evaluation which does not have any fixed tenure, the State Government or the appointing authority, as the case may be, would be entitled to cut short the tenure and appoint any other person. - 4 - HC-KAR NC: 2025:KHC:49466-DB WA No. 1713 of 2025 14. In the present case also there is no fixed tenure for the post of Registrar Evaluation. The appointing authority, the Chancellor has discretion to appoint any qualified person to the post, and if the appointing authority has appointed any other person, that is the respondent no. 4, who is appellant herein, after one year of appointment of the petitioner, the said decision of the appointing authority cannot be challenged. The petitioner does not have any vested right to continue on the post. If the appointing authority takes a decision not to continue him, inasmuch as there is no fixed tenure assigned in the appointment letter of the petitioner to the post of Registrar's Evaluation, the said decision of the appointing authority cannot be said to be illegal. The petitioner has not been able to show his right in law to continue to hold the post of Registrar evaluation in the respondent's University. 15. Thus, we are of the view that the impugned judgment passed by the Learned Single Judge is unsustainable and the petitioner cannot be allowed to continue on the post of Registrar Evaluation, if the appointing authority has chosen to appoint the respondent no. 4 in his place. Therefore, we set aside the impugned judgment and order in view of the afore- stated discussion. Accordingly, the writ appeal is allowed." - 5 - HC-KAR NC: 2025:KHC:49466-DB WA No. 1713 of 2025 4. As the issue is already covered by the judgment and order dated 30.10.2025 passed in W.A.No.1621/2025, we, allow this writ appeal. Accordingly, the writ appeal is allowed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 15 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA