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High Court of Karnataka · body

2026 DAILYLAW 32603 (KAR)

PROF H RAJASHEKAR v. STATE OF KARNATAKA

WP/25698/2025 · 2026-07-17

S R Krishna Kumar

body2026

Judgment text

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- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 25698 OF 2025 (S-RES) BETWEEN: PROF H RAJASHEKAR S/O HOLEBASAPPA, AGED ABOUT 61 YEARS, SR. PROFESSOR AND CHARIMAN, DEPT OF COMMERCE UNIVERSITY OF MYSORE R/O NO.28, C BLOCK, ANANDNAGAR MYSORE – 570 022. …PETITIONER (BY SRI.N.KHETTY, ADVOCATE FOR SMT. AKKAMAHADEVI HIREMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, 6TH FLOOR, GATE NO.2, M.S.BUILDING BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE VICE CHANCELLOR UNIVERSITY OF MYSORE MANASAGANGOTRI, MYSURU – 570 006. (R-2 IS DELETED AS PER COURT ORDER DATED: 03.06.2026) 3. THE KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESWARAM, Digitally signed by SWETA KULKARNI Location: HIGH COURT OF KARNATAKA - 2 - BENGALURU – 560 012. REPRESENTED BY ITS EXECUTIVE DIRECTOR. 4. THE REGISTRAR UNIVERSITY OF MYSORE, MANASAGANGOTRI MYSURU – 570 006. 5. THE SYNDICATE OF UNIVERSITY OF MYSORE MANASAGANGOTRI, MYSURU – 570 006 REPRESENTED BY ITS CHAIRPERSON AND VICE CHANCELLOR. …RESPONDENTS (BY SRI. B.S. GURUSWAMY, AGA FOR R-1 SRI. SANTOSH.S. NAGARALE, ADVOCATE FOR R-2 SRI. T.P.RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R-4 & R-5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 22.04.2025 BEARING NO.ET13/224/2024-25 (ANNX-A) ISSUED BY THE R-4 AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ a) A writ of certiorari, quashing the order dated: 22.04.2025, bearing No. ETC13/224/2024-25, (Ann-A) issued by the 4th Respondent ; and b) A writ of certiorari, quashing the decision taken by the 5th Respondent at its meeting held on 01.07.2025, particularly as stated in Pages, 12, 13 and - 3 - 14 of the meeting’s Proceedings dated: 01.07.2025 (Ann-B), that a departmental enquiry must be conducted against the Petitioner subject to court orders, and c) A writ of certiorari, quashing the order dated: 30.07.2025 issued in No. ET13/224/2024-25 and signed on 04.08.2025 (Ann-C) by the 4th Respondent appointing an Enquiry Officer to conduct a Departmental Enquiry against the Petitioner, and (d) To pass any other order that this Hon’ble Court may deem fit, in the facts and circumstances of the case and in the interest of justice.” 2. A perusal of the material on record will indicate that the petitioner joined the respondents 4 and 5 – Mysore University (for short ‘the University’) as a Research Fellow in the year 1988 and became a Professor, Department of Commerce, on 05.08.2011. In the year 2011, the UGC and State Government appointed the University as Nodal Agency to conduct the Karnataka State Eligibility Test (K-SET) which was mandatory for persons joining colleges / Universities in the State as Assistant Professors. During the period from 2017 to 2021, petitioner was working as the co- ordinator of K-SET Centre located on the University campus and was entrusted with the Task of conducting the K-SET examination. - 4 - In the year 2021, the State Government having entrusted the responsibility of conducting K-SET exams to the 3rd respondent – Karnataka Examination Authority (KEA), the KEA appointed the petitioner as Nodal officer vide order dated 06.09.2021 and entrusted him with the task of preparing question banks of multiple choice questions for the upcoming examination to be conducted for recruiting Assistant Professors in I Grade colleges in the State. On 30.09.2021, the KEA issued a Recruitment Notification for direct recruitment of Assistant Professors as stated supra, in pursuance of which, the list of Examiners for various subjects from among question papers setters from Karnataka and outside was collated, curated and approved by 2nd respondent – Vice Chancellor of the University. It is contended that from out of the aforesaid panel of Examiners approved by the Vice Chancellor, who was also the Chairman of the K-SET centre, the petitioner selected 5-8 subject experts for the purpose of setting question papers for each of the 26 subjects during the period from 17.10.2021 to 21.10.2021. Subsequently, examinations were conducted across the State for direct recruitment from 12.03.2022 to 16.03.2022. - 5 - 3. On 22.04.2022, the KEA lodged the police complaint registered as an FIR in Crime No.59/2022 against one Sowmya – accused No.1 and others for alleged leakage of Geography exam paper held on 14.03.2022, in pursuance of which, the petitioner was summoned and gave his statement during April-May, 2022. Subsequently, during the period 2022-2024, the police authorities continued their investigation and arraigned Dr.H.Nagaraj, one of the Examiners selected by the petitioner as an accused and filed charge sheet and the University initiated departmental enquiry against the said Dr.H.Nagaraj, during the course of which, the University issued a notice to the petitioner on 08.10.2024 to appear as a witness to the departmental enquiry held against Dr.H.Nagaraj, in pursuance of which, the petitioner appeared as a witness and gave his statement in the departmental enquiry. Meanwhile, in pursuance of the communication dated 19.04.2024 and 25.04.2024 addressed by the KEA, the State Government addressed a communication dated 10.03.2025 to the Vice Chancellor calling upon him to take action against the petitioner. In pursuance of the said communication by the State Government, the University passed the impugned order at Annexure-A dated - 6 - 22.04.2025 directing issuance of articles of charge against the petitioner interalia alleging that the aforesaid Dr.H.Nagaraj had leaked Geography question paper to his student / Ph.D Scholar Sowmya through the Mobile Number of her friend one Mahalakshmi A.N. via Whatsapp and since the petitioner had selected / appointed the said Dr.H.Nagaraj as the paper setter, enquiry would be initiated against the petitioner. 4. 4. The petitioner submitted his reply dated 09.05.2025 to the articles of charge disputing and denying the various allegations, in pursuance of which, the University syndicate took a decision in its meeting conducted on 01.07.2025 that departmental enquiry should be conducted against the petitioner subject to decision of the Court. In pursuance of the aforesaid syndicate decision, the 4th respondent – Registrar of the University passed the impugned order dated 30.07.2025 appointing an Enquiry officer to conduct departmental enquiry against the petitioner, aggrieved by which, petitioner is before this Court by way of the present petition. - 7 - 5. The respondents 4 and 5 – University filed statement of objections disputing and denying the various contentions urged by the petitioner and sought for dismissal of the petition. 6. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 7. A perusal of the material on record will indicate that it is an undisputed fact that the petitioner was only a Nodal officer for the purpose of preparing question banks in various subjects for the Examinations to be conducted by the KEA for recruiting Assistant Professor and in this regard, the list of paper setters for K-SET 2020 for the subject ‘Geography/ subject Code – 08’ comprising of two persons from University of Mysore, seven persons from within Karnataka and Eighteen persons from outside Karnataka ( in all 27 persons) which were curated, collated and approved by the Vice Chancellor and provided to the petitioner to select 5 to 8 persons from the said list. The said list of paper setters for K-SET 2020 approved by the Vice Chancellor at Annexure-F is as hereunder:- - 8 - “LIST OF PAPER SETTERS FOR KSET - 2020 Subject: GEOGRAPHY Subject Code: 08 UNIVERSITY OF MYSORE 1. DR.H.NAGARAJ M.A.. M. Phil., Ph.D. Professor Department of Geography, University of Mysore, Manasagangothri, Mysore-570 006. Ph: 91-821-2419692 Email: nagarajhmgm@yahoo.com 2. DR.ASIMA NUSRATH Professor M.A: Ph.D (Geography); Department of Geography, University of Mysore. Manasagangothri, Mysore-570 006. Ph: 91-821-2419694 Email: n_asima@yahoo.com WITHIN KARNATAKA 3. DR. A. S. RAYAMANE Professor Department of Geography Bangalore University Jnana Bharathi Campus. Bangalore560 056. Tel: 080 23214001 Ext 239 Fax: 080 23219295 Email: chairmangeoinformatics@yahoo.co.in 4. DR. ASHOK D. HANJAGI Professor Department of Geography Bangalore University Jnana Bharathi Campus, Bangalore560 056. Tel: 080 23214001 Ext 239 Fax: 080 23219295, M: 9845634196 Email: chairmangeoinformatics@yahoo.co.in Agriculture Geography, Cultural Geography, Tourism Geography and Regional Geography Professional Master Degree (Geoinformatics, Netherlands) Geoinformatics (GIS and Remote Agriculture Geog/Environmental Geog Area Planning/Industrial Geog/Tourism GeogUrban Geog Geoinformatics/Environment Geog - 9 - 5. DR. S.I.BIRADAR Professor Department of Studies in Geography. Karnatak University. Pawate nagar, Dharwad - 580 003 Phone-0836-2215225. M: 9886960709 Email: sibiradarl@gmail.com 6. DR. A.A.MULIMANI Professor Department of Studies in Geography. Karnatak University. Pawate nagar. Dharwad - 580 003 Phone-0836-2215225. 7. DR.M.G.NAYAKA Associate Professor Department of Studies in Geography, Karnatak University. Pawate nagar, Dharwad - 580 003 Phone-0836-2215225. 8. PROF. S.M.HURAKADLI Department of Geography Rani Channamma University Vidya Sangama, PBRH-4, Belagavi. Karnataka 591156 9. PROF. B ESWARAPPA Professor of Geography, Bangalore University, Jnana Bharathi Campus, Bangalore-560056 M: 9448853707 Email: beswarappa@hotmail.com OUTSIDE KARNATAKA 9. PROF.A.KRISHNA KUMARI Head of the Department - 10 - Department of Geography Sri Krishnadevaraya University Ananthapur, A.P. Ph: 255851(0),255319 M: 9949774986 Email: krishna_a31@yahoo.co.in 10. DR. V. EMAYAVARAMBAN Professor and Head, Chairperson i/c Department of Geography Department of Geography School of Earth and Atmospheric Sciences Madurai Kamaraj University Palkalai Nagar, Madurai 625 021. Mobile:+91 94876 50046 E-Mail id:drveseas@mkuniversity.org emayam_1974@yahoo.co.in 11. DR. R. JAGANATHAN, M.Sc.PGDEE, Ph.D Professor and Head Department of Geography, University of Madras, Chennai-600005. Off: 9144 2539 9661, Res: 044 24984002 Mobile: 919444917006 Email: Office: rjnathan@unom.ac.in Other: rjnathan@gmail.com.rinathan@hotmail.com 12. DR.V.MADHA SURESH, M.Sc., M.Ed., M.Phil., Ph.D Associate Professor Department of Geography, University of Madras, Chennai-600005, Off: 044-2539 9664, Mobile: 9444205566 Email:Office: vmsuresh@unom.ac.in Other: sureshgeography@gmail.com 13. PROF. T. V. KRISHNA Professor, M.SC., Ph.D. Department Of Geography College Of Science & Technology Andhra University. Visakhapatnam - 530 003 Land Management, Geospatial Technology, Environmental Change Environmental Science Bioclimatology - 11 - Ph: 08912844581 14. DR. (MRS) P. SUNEETHA M.Sc., Ph.D. Associate Professor Department Of Geography College Of Science & Technology Andhra University. Visakhapatnam - 530 003 Ph: 08912844583 Email: ps_au@rediffmail.com 15. PROF. G. V. NARASIMHA RAO Professor, M.Sc., M.Phil., Ph.D. Department Of Geography College Of Science & Technology Andhra University, Visakhapatnam - 530 003 Email: nr.gandham@gmail.com () 0891-2844585, (R) 0891-2712545 16. DR.P.K.VIJAYAN Associate Professor & Head, Department of Geography, Kannur University, Payyanur Campus, EDAT.P.O.Payyanur. Kannur, Kerala-670 327. Ph: 0497-2806400 (), 04923-227143 (R) M: 09446150631 Email: drpkvgeo@gmail.com 17. DR.K.KRISHNAIAH Chairman, BOS, Department of Geography Sri Venkateshwara University Tirupati, Andhra Pradesh - 517 502. 18. DR. S. ARUCHAMY Professor and Head Department of Geography Bharathidasan University Tiruchirappalli-620 024, INDIA Tel: 0431-2407079, Ext.585 Urban Climatology Urban Geography Urban Geography & Regional Planning - 12 - Fax: 0431-2407045 E-mail: profsaruchamy@gmail.com. aruchamy_s@yahoo.com 19. DR. A. GANESH Professor & Chair Department of Geography School of Geosciences Bharathidasan University Tiruchirappalli-620 024, INDIA Tel: 0431 2407079 Fax: 0431 2407045 E-mail: aganesh2001@gmail.com 20. DR. K. KUMARASWAMY Professor and Head, Department of Geography School of Geosciences Bharathidasan University Tiruchirappalli 620 024, INDIA Phone (0):+91 431 2407079, Phone (R):+91 431 2457347 Mobile:+91 94421 57347 E-mail ID: kkumargeo@gmail.com kkumargeo@yahoo.com 21. DR. GR PARTHASARATHY Professor, Department of Geography Madurai kamaraj University, Madurai 625021 Mobile: 09443677280 Email:parthasarathy.sarathy@gmail.com 22. DR. SANJUKTA SATTAR Associate Professor. Department of Geography. University of Mumbai, Vidyanagari, Santacruz (E). Mumbai 400098. India. Phone: (office) +91-24563599 Email: sanjukta.sattar@gmail.com 23. DR. B.B.SONULE. Professor & Head, Geography of Tourism, Population Geography, Geomorphology, Quantitative Geography - 13 - Department of Geography. University of Mumbai, Vidyanagari, Santacruz (E). Mumbai 400098. India. Mob. No: 09702645415 E-mail: bsonule@gmail.com () 24. DR. DIPTI MUKHERJI Professor Social Geography, Urban Geography. Geographical Information System Department of Geography, University of Mumbai, Vidyanagari, Santacruz (E). Mumbai 400098. India. E-mail: diptimukherji@gmail.com, diptimukherji@yahoo.com 25. DR. SAVITSMITA VILASRAO CHAWAN Associate professor Urban Geography and Population Studies. Department of Geography, University of Mumbai, Vidyanagari, Santacruz (E). Mumbai 400098. India. E-mail: savi.smita@gmail.com (Mob. No.- 9969678737) 26. PROF. C VENUGOPALA RAO Professor of Geography. Osmania University. Hyderabad-500007 M: 09989064567 Email: profcvrao@gmail.com” 8. In pursuance of the said list approved and provided by the University to him, the petitioner appointed the said Dr.H.Nagaraj, Department of Geography, University of Mysore, as one of the paper setter for the question bank by addressing a communication as hereunder:- - 14 - “CONFIDENTIAL GA/CONF/17/2021-22 Date: 02.10.2021 Dear Prof Dr. Nagaraj Sub: Question Bank Setting. I have been appointed as the Nodal Officer for a confidential work of Government Authority, Bangalore for preparing the Question Bank of Multiple Choice Questions in various subjects. In the light of the above, you have been appointed as Question Bank Setter. You are hereby informed to prepare objective type Multiple Choice Questions with answer keys for the following subject. NAME OF THE SUBJECT: GEOGRAPHY PAPER: 3 SETS (150 Questions each) The above set of question bank will be finalized at the meeting of the subject experts which has been convened from 17th to 21st October, 2021 at the KSET centre, Mysore. Your accommodation has been arranged. Please contact Mr. Kiran; 9742096768, 8904206145. Terms and Conditions: 1. Question Bank setters shall be eligible for TA, reimbursement of airfare and sitting fee of Rs. 5,000 per day. Please submit a cancelled Cheque/passbook Xerox copy for payment. 2. A question bank of 450 questions (3 sets each set 150 questions) with Kannada translation shall be prepared (Translation to Kannada is optional) 3. This work shall be completely confidential for which an agreement/undertaking has to be given. - 15 - 4. Questions shall be of Multiple Choice formats. 5. Question bank should be hand written legibly and neatly. I request you kindly to accept this assignment and attend the meeting of the Subject Experts on the above mentioned dates and send me your 'Acceptance letter. Please inform about the dates of your arrival and departure. Thanking you and looking forward for your valuable support in completing the given assignment. Thanking you Yours sincerely” 9. The brief bio-date, credentials, experience of the aforesaid Dr.H.Nagaraj, is produced as Annexure-H, which reads as under:- “Brief Bio-Data Name in full (in capital) : Dr. H. NAGARAJA Designation and Address : Professor Department of Studies in Geography, Manasagangothri University of Mysore Mysore-570006. Current Position Held Registrar (Evaluation) Karnatak University, Dharwad Contact No: 944844004 ACADEMIC QUALIFICATION: Sl. No. Exam. Passed Start with Degree Exam University/ Institution Month & Year Class Obtained Subject 1. B.A. Karnataka 1986 First class Geography 2. M.A. Karnataka 1988 First class with Gold Medalist Applied Geography 3. M. Phil. Karnataka 1990 First class with Agriculture - 16 - Distinction Geography 4. Ph. D Bangalore 20-02- 1998 Specialization: Agriculture Geography Teaching experience: Sl. No. Level of Teaching College/ University/ Institute Period of Service Courses Taught a) S.K.A. & H.S.K. Sci. College, Hubli 2 Years (1989-1991) Physical, Regional, Geography etc., 1. Under Graduate b) Anjuman Degree Arts. & Com., College Dharwad-1 2 Years (1991-1993) Asian, Physical, Geography, etc. 2. Post-Graduate DOS geography MGM-6 From 1996 to Till date Regional, Cultural, Agricultural Geog. etc. 3. Any other (not covered by 1 to 2 a). Boy’s Govt. P.U. Collage, Nanjangud, b). Girl’s Govt. P.U. Collage, Kappal 2 Years (1993-1995) 1 Year, 3 Months (1995-1996, Oct) Physical, Commercial, Regional, Geography etc. Academic Distinction: First Rank with Gold Medal in M. A. Exam. (1988) PRESTIGIOUS AWARDS: 1. BEST TEACHER AWARD-2015 in IXth DGSI International Conference at Mogadh University, Bodhgaya held at 26th to 28th February 2015. 2. UGIT EXCELLENCY AWARD 2018 in Two days UGIT international Conference at University of Paradeniya Srilanka, held at 24th & 25th November 2018. RESEARCH EXPERIENCE AND PUBLICATIONS: 1. Research Guidance (M. Phil/PhD): No. of Ph.D. Awarded- 13 Students M.Phil Awarded 4 Students Presently Ph.D. Working - 07 Students 2. Successfully Guided more than 55 M.Sc. Project Students - 17 - RESEARCH PROJECT: 1. Geographical analysis of Crime Pattern in Mysore City using GIS: Major UGC Project Completed 2. Solid Waste Management: Karnataka State Vignana Parishath minor Project Completed RESEARCH PUBLICATIONS: 70 Papers in National and International Reputed journals. Kannada Version Published in University of Mysore, Mysore: More than 35 Papers PARTICIPATIVE EXPERIENCE IN ACADIMIC MEETINGS: More than 120 Papers National/International/ Regional/and University level Conferences and Seminar presented and attended. Special Talks Delivered: School and College and University level in different occasion more than 30 Topics. NATIONAL/INTERNATIONAL CONFERENCE CONDUCTED: Position National/ International Held Theme Organizing Secretary National Seminar Ist & 2nd March, 2004 at DOS in Geography Resource Management for Sustainable Development Organizing Secretary International 22nd to 24th Feb 2012 at DOS in Geography Environment, Tourism and Development Convener National 26th to 28th Dec-2016 at DOS in Geography Sustainable Development Environmental Vulnerability & Geo-Spatial Technology Convener National 9th and 10th March 2018 at Emerging Trends in - 18 - IDS, MGM Agribusiness Management in India Convener National 15th & 16th March 2018 at IDS, MGM Women Empowerment and Rural Development National/International conference conducted and published books Position National/ International Held Theme of the Books Chief Editor National 9th & 10th March 2018 at IDS, MGM Emerging Trends in Agribusiness Management in India (ISBN 978-93-85629- 53-2 Chief Editor National 15th & 16th March 2018 at IDS, MGM Women Empowerment and Rural Development (ISBN 978-81-927970- 3-8 CHAIRMAN/MEMBER OF AUTHORITY/COMMITTEE ETC: Sl. No. Chairman/ Member/ Secretary Committee/ Authority Year 1. Chairman, BOE Board of Examination (PG), University of Mysore, Mysore 2008-2009 2. Chairman Department of Studies in Geography 2009-2011 Chairman, BOE Board of Examination (PG) University of Mysore, Mysore 2014-2015 3. Chairman Department of Studies in Geography, Manasagangothri, Univesrity of Mysore 2015-2017 4. Director Institute of Development Studies, Manasagangothri, University of Mysore January 2018 to August 2019 5. Chairman, BOS BOS Board of Studies UG/PG Department of Studies in Geography, Manasagangothri, University of Mysore 2016-2019 6. Chairman, BOS BOS Board of Studies PG Institute of Development Studies, 2018-2019 - 19 - Manasagangothri, University of Mysore 7. University Nominee Faculty of Science University Nominated Member at J.S.S. Main College Ooty Road, Mysuru 2020-2023 8. Chairman, BOE Board of Examination (PG), University of Mysore, Mysuru 2020-2021 9. Chairman Department of Studies in Geography, Manasagangothri, University of Mysore 2021-2023 10. Expert Nominated Faculty of Science Nominated Member at Bangalore Universtiy, Bangalore 2021-2023 EXAMINATION WORK ATTENDED IN HOME UNIVERSITY/OTHER UNIVERSITY/OTHERS: Mysore University, Mysore, Karnataka University, Dharwad, Bangalore University, Bangalore, Kannur University, Kannur (Kerala), Calicut University, Calicut (Kerala), Bharathidasan University, Tiruchirapalli (T.Nadu), K.P.S.C.Class 1& 2Examination work Bangalore, UPSC Examination work, M.B.A Exam. Chief Superintendent, Bangalore, PG Degree/Diploma Deputy Chief Superintendent for Entrance Examination University of Mysore, Mysore. M.B.A Exam. Chief Superintendent Ramaiah Institute Bangalore, Observer for Practical Exam. Industrial Growth Centre Phase-III, Kalyani, Nadia, West Bengal etc. From, Prof. H. Nagaraja, Professor, DOS in Geography, Manasaganogthri” 10. As stated supra, the petitioner having been called upon to appoint / select examiners from out of the curated / approved list by the University, the petitioner selected the said Dr.H.Nagaraj as one of the question bank / paper setter for Geography examination; in this context, it is relevant to state that in addition to the fact that the aforesaid list of paper setters were provided, curated and - 20 - approved by the University itself, the said Dr.H.Nagaraj, did not have any antecedents which would come in the way of the petitioner selecting / appointing him as one of the paper setters for Geography subject; so also, the University neither communicated nor brought to the notice of the petitioner that De.H.Nagaraj was not a suitable / not qualified / ineligible person to be appointed and on the other hand, his bio-data credentials, reputation, experience, etc., as provided by the University itself was sufficient for the petitioner to chose the name of Dr.H.Nagaraj from out of the specially curated / approved the list of paper setters and merely because a criminal proceedings and departmental enquiry had been initiated against the said Dr.H.Nagaraj for alleged leakage of Geography paper to one of his student viz., Sowmya through her friend Mahalakshmi A.N. via Whatsapp on her mobile, the said circumstance, by itself, without there being any other supporting or corroborative material against the petitioner could not have been made the basis by the University to initiate departmental enquiry against the petitioner, thereby establishing that the impugned orders are illegal, arbitrary and without jurisdiction or authority of - 21 - law and contrary to the Rules and Regulations governing Mysore University and the same deserve to be quashed. 11. 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L( &t_C @AqU$ 6 6) D A 64:OA :U 6 ?)k 0u D9 78DC D4G L )64 4 P!DQ )F I,I KPQ D9 PQ%C @AqU V6 X < ` \ 4 2 4 L 64E JM $ ?)F - 25 - %?- ,K h 34* "$ G4"Ni" & $ < 26= \ 4)FC ?4DG 23 G *=)F '( Q L 64E JM V K,-,-I,I %JM& *1 ;GN;H \!_DNU\ "-NI,I,-IPQP\ "cUQ 4 2 GU %JM& : IQ J +-,K-I,II ?_)k ,,)iv 2C I,,)i ) #)4F 9 0 ?)k 64E ! 2 GU 4F'($ wKQ L 64E JM V J ,-,-I,I h 34* " 6) 4!=" %JM6Y 4 G! ?)k 4G \4 +Q 4V 4!=" %JM6Y I,,$,,,N-)FC #Y U 46U ?)k 4G U4J .Q J /-,-I,I #)4F 9 C : D ! ?)k !1 2&") S" ? L( D P Q Q !1 2&" ) S" J /-,-I,I )DC GFZ ?)k ? L( &t_ P Q /Q J -,+-I,II 64E JM 4 =A4 hO4" o7 ;"n( " 6) OAU 6 : [Q J K,-,K-I,II 64E JM #)4F 9 ?)k 64E ? %#"j)F 6 : Q J ,-,+-I,II !e" 2 ="s ;)A40" : OA #)4F 9 C : 46 ?)k L : ,Q J ,-,+-I,II 378 C! J: OA #)4F 9 C : 46 ?)k L : - 26 - Q J -,+-I,II \ " JM e ? L( 24_ : IQ ?)F 2 hO4" 40 "H";!#"A UUx$ ?)F D >1 HUc .NI,II J /-,-I,IK B 4 B PcUHH"Q2) %U(i" h " 4: hO4" D> JC 6B4O dU : : $ $ ?)F 6) ? J D KQ h4 n" "n =# 4L6 =" U4=" +Q J -,-I,IK 2 4 4:) !U WDX 64E) ?JMUD$ )F 4= )FZ dU : : !U # !_ : 1 \)DxTOA 2dt *=)FC & ^ 4FOA 23 G=)V 2 4 L 64E JM $ ?)F %?- ,+ h 34* "$ G4"Ni" & $ < 26= \ 4)FC ?4DG 23 G fE)F '( Q B 4 @D9 ?G)4 "$ ;H$ ?)F IQ \ " $ Y6B =4yi"$ z{ ?! " 2:9 $ \2_Z$ -./, ,I[$ #="1 [[+ KQ l0r x" l0rW$ #f9V ) $ @ )V h4"($ x!J 24?_$ ) {A P[++[K.,/[Q +Q B 4 4" 78$ 2 hO4"\9 $ UUx$ 40 & ^ F H"'4i$ ?)F ) - 27 - 1 %)DxTOA 2dt fE)FC & ^ 4FOA 23 G=)V 2 4 L 64E JM $ ?)F g 12. A perusal of the impugned order and Articles of charge will indicate that the sole / solitary allegation made against the petitioner is that Professor Dr.H.Nagaraj selected / appointed by the petitioner as a paper setter for geography examination had allegedly leaked the said Geography paper to his student / Ph.D scholar viz., Sowmya through her friend Mahalakshmi A.N. via Whatsapp; in this context, it is pertinent to note that apart from the fact that there was absolutely no legal or acceptable material to establish any connection / link / nexus whatsoever between the alleged leakage said to have been committed by Dr.H.Nagaraj and the petitioner who was merely entrusted with the role / duty of appointing / selecting the said Dr.H.Nagaraj from out of a curated / approved panel / list provided by the University, there was also no allegation, much less material, supporting or corroborative to incriminate the petitioner or his role in the alleged leakage of geography paper and the entire allegations being directed only against Dr.G.Nagaraj, Sowmya and Mahalakshmi A.N. regarding - 28 - the alleged leakage, in respect of which, the petitioner had no connection or nexus whatsoever, no reliance could have been placed upon the allegations made against the said persons so as to attribute any misconduct to the petitioner who had merely performed his official duty in selecting / appointing the said Dr.H.Nagaraj from out of the list specially curated and approved by the University and in the absence of any link / nexus connecting the petitioner to the alleged leakage, the impugned enquiry proceedings initiated against the petitioner are clearly illegal and the same deserve to be quashed on this score also. 13. A perusal of the impugned decision taken in the meeting of the University Syndicate held on 01.07.2025 in relation to initiation of enquiry proceedings against the petitioner will indicate that the same reads as under:- # I,I.N+. ! 2&" 34* "$ 56 $ 7839 %" #) ))4: ; < ;=> & 7 ?)) 3 6 R S =43)FOA >O ;T 2 2T)F 4 4:) ?JMUD L 64E JM V !U WDX 64E #)4F9 C: 46 5C=OA !) S"$ $ #)4F9 ; < 7 *=YT$ 6 #OA 2 4: ? - 29 - != WDX 64E C: U<G 4!=" %JM6YT ! 34* " 2&" 7839 %" #)$ ))4: $ ; #)4F9 0 C: C U<G !) S" % CF)!D :) 6 C J0(GUT$ #)4F9 0 C: 46 5C=OA 2 4 $ L 64E JM ; B)F$ @CD BE7 ;=> ;6) D ? ! 34* " ; < B9 3 YD 2) ` ? OAU \ 4 2) 40 4^ '(C OAU D9 6 40 4^ '(J) !2&" 34* " ; < L 3 %JM I,,, 7 [ B9$ 64E7 D9 D 7 JM V Y V6 6 < 3 OA 9D &O9OA 6B4OU B9 5D B)F$ @CD BE7 ;=> ; 4BU D9 d # )e D $ 2 4 $ L 64E JM ; OAU 40 4^ '(C J II-,+-I,I. ! 2&" 34* " ;6) S6 !=YT$ ` ? J - .-I,I. D >4 ! 2&" 34* DX :J 24_C e OAUT DX 4O \ 4)F YT$ Ve DV 27) A 4!=" %JM6Y D 5UT DX < & 7C x!#4 :_U D9 :_U ! '\ "& 4* DG$ ! 2&" 34* " < B9 )FZ#4 e :_U V6 \4 OV 9 :_U !) S" ! L S" 2&" H" DG$ DWY V % T6 6 7OA !2&" 34* D 4 4_ - 30 - d DG$ L 64E JM ; #)4F9 C: D6 )DC GFZ %2 A D9 6 OA #43#T6 D46 )72J !) S" C 4 GGJT46 H %?-I OA 40 4^ '(OA :_U D9 B 4 24 DG #)4F9 C: C U<G !) 3 C !2&" 34* 4 GGT )"DC GFZ Y !) 3 h !D ?)k 5:C ! 4 GFZ 3#T6 2J #4 D9 #43#T6D D46U ED 9GU ! 2&" 34* < \ 4 !=Y :_U !) 3 C !2&" 34* ?| 4 4 ! "A $ h ) 3 < OA V \ 4D94 H 4_ : DG$ h 2&") 3 OA V4 \ 4 OA :_U B 4 24 DG ! 34* 4G @D9 OA !) 3 2) #4 #4 WDX 64E)_) C : )FC U<GU D9 :_U D9 WD 64E)_) C: )FC U<GU f9D f9 < G \ 4C ? A :_U d DG c9OA V4 7 !JA 2) e V4 \j 0(YA \ L 64E JM V h ) 3 < `}* *OUT D>JM6)FC 4 G `))=4 e C OAU D9 7 2DOA V 2 h ) 3 < & 7C !U H :_U 5C=A `))=4 & 7C )G VY :_U D>JM6 OA ! 34* D 4 xxU ?)k :_JA 2) C e U VJA :_U - 31 - B 4 24 DG$ C: 46Y ?)k \ 4 64E !vD4 H 4_ : 64E ! OD 2 L7Y :_U B 4 24 DG C: 46Y H? ?)k : )F$ 2 ?JT 64EOA 6) 2 Ufe$ C: 46Y 4G H ! 2&" 34* :_U D9 $ 64E !J$ OD H? ?)k ? V vTOA %R L 64E JM 64E !?2YD9A4 H :_U B 4 )4=" )4" :4V ? D UG4LCOA :4 D)FZV 9 :_U ! '\ "& 4* 2 )GU 7 OA V6 B 4 ) 3 DG$ :4e ?< )- #4Y V6 6 0C UG4i" #OA GU V b 4_ : DG$ ! 34* OA Y D 5:9 V6 6 4= B9 3 Y L 64E JM V C 46 D9 H :_U d DG ! 34* < B9 )FZD L 64E JM V :_U 5C=OA 2) 3 4D B9 5#4Y V6 & 7 ! 6 0C UG4i") G=Y H D9X :_U ! 2&" 34* "$ 56 $ 7839 % #)$ ))4: $ ; < \4eFL( - 32 - :v ;=> & 7C )FZ UG4i" # :4UDg 14. As can be seen from the aforesaid minutes of the meeting, none of the members including the President who was the Vice Chancellor stated or expressed much less alleged any misconduct against the petitioner; on the other hand, the Vice Chancellor himself stated that there were no allegations against Dr.H.Nagaraj himself; despite the aforesaid discussion not indicating that there was expression of any misconduct on the part of the petitioner, the University Syndicate took the impugned decision merely / simply / only on the basis of a communication addressed by the KEA simpliciter without there being any supporting opinion / expression by any of the members of the Syndicate in the said meeting and consequently, the impugned proceedings initiated against the petitioner deserve to be quashed on this ground also. 15. A perusal of the impugned order at Annexure-C dated 30.07.2025 appointing an enquiry officer to conduct departmental enquiry against the petitioner will indicate that the same has been passed in pursuance of the departmental proceedings initiated - 33 - against the petitioner by issuance of Articles of Charge and decision taken by the University Syndicate. I have already come to the conclusion as stated hereinbefore that the impugned departmental enquiry / proceedings initiated against the petitioner are illegal, arbitrary and vitiated and consequently, even the impugned order appointing an enquiry officer to conduct departmental enquiry against the petitioner deserves to be quashed. 16. A perusal of the impugned orders and decision of the University Syndicate will indicate that departmental enquiry are sought to be initiated against the petitioner which would be subject to court orders. In this regard, it is significant to note that the details of the said court proceedings are conspicuously absent / missing and not forthcoming in the impugned orders and decisions; even assuming that the said court proceedings referred to the criminal proceedings pursuant to FIR in Crime No.59/2025, petitioner is not one of the accused persons in the said criminal proceedings and in the departmental enquiry against the said Dr.H.Nagaraj, petitioner is merely a witness; it is therefore clear that so long as no court - 34 - proceedings are pending against the petitioner, the question of initiating departmental enquiry against the petitioner would not arise in the facts and circumstances of the instant case and viewed from this angle also, the impugned proceedings deserve to be quashed. 17. The aforesaid facts and circumstances and the material on record clearly establishes that the petitioner who was merely entrusted with the duty of selecting examiners from out of the specially curated / approved panel of examiners provided by the University had merely performed his role and official duty in choosing the said Dr.H.Nagaraj to be a paper setter for Geography examination and merely because criminal proceedings and departmental enquiry have been initiated against Dr.H.Nagaraj, Sowmya and Mahalaskhmi A.N., in the absence of any material to establish any nexus / connection / link between the petitioner appointing Dr.H.Nagaraj and the alleged leakage of paper by him, it cannot be said that the petitioner can be dragged into departmental proceedings without there being an iota of legal or acceptable material against him and if the departmental proceedings initiated - 35 - against the petitioner are continued, the same will visit the petitioner with grave and serious civil consequence, resulting in irreparable injury and hardship to the petitioner warranting interference by this Court in the present petition. 18. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order at Annexure-A dated 22.04.2025 passed by the 4th respondent is hereby quashed; (iii) The impugned decision at Annexure-B dated 01.07.2025 taken by the 5th respondent in its meeting held on 01.07.2025 insofar as it relates to the petitioner is concerned, is hereby quashed. (iv) The impugned order at Annexure-C dated 30.07.2025 passed by the 4th respondent is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.