M S TALWAR Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) Petitioner has sought for a writ of mandamus directing the respondent University to designate the petitioner as the Dean, Faculty of Education, Bangalore University, to enable him to act as Dean for a statutory period of two years forthwith.

(2.) Petitioner's case is that, in June 1978, he jointed as a Lecturer in SES College of Education at Karwar. On 22.11.1992, he joined to services of Bangalore University as a Reader in the Department of Education. He earned the promotion to the post of Professor in the Department of Education in November 2000. However, some of the faculty members of the Department of Education made 59 allegations against the petitioner. In this regard, an enquiry was held by the retired District Judge and the District Judge submitted a report holding that, charge Nos.1 and 2 are proved and charge No.3 is not proved. The University issued a show cause notice on the basis of the findings given by the Enquiry Officer as to why the said finding should not be accepted and punishment be imposed. To the said show cause notice, petitioner submitted his reply dated 8.2.2008. The Syndicate on consideration of the explanation offered by the petitioner unanimously resolved that the petitioner be warned interalia directing him not to repeat the same. However, the Syndicate also observed that, a circular be issued, informing the University Staff not to indulge in giving false complaint and in case of such false complaints, they will be penalized. In this regard, the University also issued a Circular dated 30th May 2008.

(3.) On 31.1.2009, the University appointed the petitioner as a Director of UGC Academic Staff College on regular basis and w.e.f. 13th November 2009, thereafter, the petitioner was appointed as Registrar (Evaluation) of the 1st respondent University. However, on 24.5.2010, the petitioner demitted the office of Registrar (Evaluation). One N.V.Kirtinarayana Swamy was the Dean, Faculty of Education and he was to complete his tenure of two years of Deanship by the end of 15.1.2012. On 4.1.2012 in order to fill up the vacancy of Dead of Faculty of Education, the Syndicate prepared the file of the petitioner, who was senior most Professor in the Department of Faculty of Education. The Registrar (Administration) also recommended the candidature of the petitioner by his recommendation letter dated 7.1.2012, however, on 30th January 2012, the second respondent Vice Chancellor sought for legal opinion in this regard. Accordingly, second respondent returned the file to the Registrar on 6.2.2012 instructing him to suggest the names from amongst the Readers for the purpose of appointing one of them as Dean. The said matter was referred to the Syndicate. However, the Syndicate though held several meetings, but did not take any decision and kept the matter pending.