Court dismissed a writ petition filed by a retired professor seeking ouster of a Vice-Chancellor via Quo-Warranto. Court accepted a memo withdrawing the petition with liberty to file before the Dharwad Bench.
Petition disposed as withdrawn with liberty to file a fresh writ petition before the Dharwad Bench subject to all just exceptions.
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NC: 2024:KHC:21148 WP No. 11764 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11764 OF 2024 (S-RES)
BETWEEN:
PROFESSOR DR.H.Y KAMBLE S/O LATE YAMANAPPA AGED 62 YEARS, AS ON 01/02/2024 RET PROFESSOR OF COMMERCE RANI CHANNAMMA UNIVERSITY R/O AND C/O BABU RAO KAMBLE NO.826, 1ST A MAIN, 6TH CROSS, L N COLONY, YESHWANTHPUR BENGALURU-560022.
…PETITIONER
(BY SRI. CHRISTOPHER NOEL A.,ADVOCATE)
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:21148 WP No. 11764 of 2024
…RESPONDENTS
(BY SRI.NAVEEN CHANDRASHEKAR., AGA FOR R1; SRI. SANTOSH S NAGARALE, ADOVCATE FOR R2 AND R3; SRI. H.R. SHOWRI, ADVOCATE FOR R4; SRI. SUNIL DESAI, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
NC: 2024:KHC:21148 WP No. 11764 of 2024
WRIT OF QUO-WARRANTO FOR THE OUSTER OF THE R5 FROM THE POST OF VICE-CHANCELLOR OF RANI CHANNAMMA UNIVERSITY, BELGAVI VIDE NOTIFICATION NO. GS 04 CUM 2023 DATED 05/03/2024 VIDE ANNEXURE-A. ISSUE A WRIT OF CERTIORARI QUASH THE NOTIFICATION NO. GS 04 CUM 2023 DATED 05/03/2024 VIDE ANNEXURE-A. B) DIRECT THE R5 TO VACATE THE OFFICE AS VICE CHANCELLOR OF R4. C) DIRECT R2 TO CONSIDER THE PETITIONER FOR THE APPOINTMENT TO THE POST OF VICE CHANCELLOR OF R4.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Christopher Noel A, the learned counsel for the petitioner, while submitting that this Court had called upon him to justify presentation of this writ petition before this Bench and not before the Dharwad Bench, seeks leave to place on record a memo with the request for disposal of the petition as withdrawn but with liberty to file a fresh writ petition before the Dharwad Bench of this Court.
NC: 2024:KHC:21148 WP No. 11764 of 2024
The memo is accepted, and the petition stands disposed of as withdrawn with liberty as aforesaid, but subject to all just exceptions.
The registry is directed to return the certified copies to the learned counsel for the petitioner.
Sd/JUDGE
AN/-
PROFESSOR DR.H.Y KAMBLE
STATE OF KARNATAKA
THE CHANCELLOR OF UNIVERSITIES
THE SEARCH COMMITTEE FOR SELECTION OF VICE CHANCELLOR
RANI CHANNAMMA UNIVERSITY
DR C M THYAGARAJA
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
