IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.9505/2019 (S-TR) Between:
Sri.Rajanna.R S/o Ramappa.P, Aged about 58 years, Working as Registrar, University of Mysore, Manasa Gangotri, Mysore, Residing at No.222, ‘E’ Block, 3rd Stage, Vijayanagar, Mysore – 572001. …Petitioner (By Sri.Vijaya Kumar, Advocate) And:
1. The State of Karnataka, Represented by its Principal Secretary, Higher Education, 6th Floor, M.S.Building, Bengaluru – 560001.
2. The University of Mysore, Craford Bhavan, University Campus, Mysore – 572001.
Represented by its Registrar.
3. Sri.Lingaraj Gandhi, Registrar (Evaluation), Bengaluru Central University, Bengaluru – 560056. ... Respondents (By Smt.M.S.Prathima, AGA for R1 Sri.Rajendra Kumar Sungay, Advocate for R2 and R3) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to call for records relating to issue a impugned order dated 20.02.2019 passed by R-1 vide Annexure-C and after perusal set aside the same in so far as it relates to transfer of R-3 to work as Registrar (Administration) in the R-2 University.
This Petition coming on for Orders, this day, the Court made the following:
ORDER R.DEVDAS J., (ORAL):
The petitioner is before this Court calling in question the correctness of the impugned order dated 20.02.2019, passed by the respondent No.1 appointing the respondent No.3 as the Registrar (Administration) of the respondent No.2 Mysore University, in the place of the petitioner who was till then working as the Registrar (Administration).
2. Learned counsel for the respondent No.2 - University pointed out to a decision of this Court where the very same petitioner had filed W.P.No.24645/2017 challenging a similar order appointing Smt.D.Bharathi, an officer of the Karnataka Administrative services as the Registrar (Administration) in the place of the petitioner who was working at that point of time as Registrar in the very same University. This Court by order dated 19.06.2017 held that the post of Registrar is neither a fixed tenure post nor the petitioner can then possibly claim any vested right to continue in the post of Registrar of the respondent - University. It is the discretion of the State Government to appoint any of the eligible persons as Registrar and merely because after a short period of about six months or so, the State Government has chosen to appoint respondent No.4 as the Registrar of the said University in the place of the petitioner, no valid exception could be taken. The learned counsel for the respondent - University submits that the fact situation is very similar and with respect to the very same petitioner and therefore, submits that the petition requires to be dismissed. The learned counsel further points out from the order of appointment dated 13.06.2018 at Annexure-A wherein, when the petitioner was posted as Registrar(Administration), it was specifically stated that the appointment shall be until further orders.
3. The petitioner has not raised any ground except saying that the impugned order is nothing but a transfer and the transfer is affected with malafide intentions.
4. The contention of the petitioner that the impugned order as an order of transfer cannot be accepted, for the reasons stated in W.P.No.24645/2017.
5. The petitioner has not made out any good ground to allow the petition. The petition is accordingly dismissed.
SD/- JUDGE NS