Amruthes N.P. vs Principal Secretary to Chancellor (University Section), University of Mysore

Cyriac Joseph, C.J.—The petitioner is an advocate. He claims to be a former student of the University of Mysore. He has filed this Public Interest Litigation praying for the following reliefs:

(i) Call for the entire records from the respondent regarding the process as to how the above names were sponsored for the august-post of Vice-Chancellorship of University of Mysore.

(ii) Direct the authorities to look into the merits of the Memorandum No. MEM/45/2008 dated 23.1.2008 and MEM/45/A/2008 dated 29.1.2008 submitted by the petitioner vide Annexures A & F so that appropriate remedial action could be initiated further so that the above candidates are not once again sent to further selection,

(iii) Issue any relief as this Hon''ble Court deems it fit so that. Prof. Govardhan Mehta should be deleted from the list of the Search Committee, in the ends of justice and equity and also having extreme urgency of the matter, or otherwise, the very Writ Petition becomes infructuous and hence urgent prayer is sought in this regard.

Mr. Kumar appearing for the petitioner submitted that only prayer (iii) is pressed and that prayers (i) & (ii) are not pressed. According to the learned Counsel, Professor Govardhan Mehta''s nomination to the Search Committee is against, the provisions contained in Section 14(3) of the Karnataka State Universities Act, 2000.

This Writ Petition is liable to be dismissed on the preliminary ground that Professor Govardhan Mehta whose nomination is under challenge in the writ petition and the Syndicate of the University which nominated Professor Govardhan Mehta to the Search Committee have not been impleaded as parties to the writ petition. However, we shall also consider the case on the merit of the contention of the petitioner.

According to Section 14(2) of the Karnataka State Universities Act, 2000 (hereinafter referred to as the Act), for the purpose of appointing a Vice-Chancellor of the University, the State Government shall constitute a Search Committee consisting of four persons of whom, one shall be nominated by the Chancellor, one by the University Grants Commission, one by the State Government and one by the Syndicate. According to Section 14(3), no person connected with the affairs of the State Government, the University or any College or institution affiliated to the University shall be nominated as the member of the Search Committee.

According to the petitioner, Professor Govardhan Mehta was nominated as a member of the Search Committee by the Syndicate of the University of Mysore. It is contended that Professor Govardhan Mehta is ineligible to be nominated to the Search Committee as he has connection with the University of Mysore. The alleged connection between the University of Mysore and Professor Govardhan Mehta is explained in paragraphs-5 and 6 of the writ petition. According to the averments therein, Professor Govardhan Mehta was the Director of Indian Institute of Science and he is now a Honorary Professor of the Indian Institute of Science. The University of Mysore and the Indian Institute of Science have signed a Memorandum of Understanding on 17.5.2006. The said Memorandum of Understanding indicates that the Indian Institute of Science and the University of Mysore have close connection and hence Professor Govardhan Mehta who happens to be a Honorary Professor of the Indian Institute of Science cannot be nominated to the Search Committee for selecting the Vice-Chancellor of the University of Mysore.

Annexure-C is the copy of the Memorandum of Understanding signed between the Indian Institute of Science, Bangalore and the University of "Mysore for cooperation in the field of research and education". Even assuming that the said Memorandum of Understanding reflects some kind of connection between the Indian Institute of Science, Bangalore and the University of Mysore, it does not indicate that Professor Govardhan Mehta who is only an Honorary Professor of the Indian Institute of Science has got any connection with the University of Mysore to make him ineligible for being a member of the Search Committee u/s 14 of the Karnataka State Universities Act, 2000. The prohibition u/s 14(3) is applicable only when the person sought to be nominated has a connection with the University. The purpose is to avoid persons who have direct connections with the University of Mysore and hence may have personal and vested interests. Annexure-C does not reflect any connection between the University of Mysore and Professor Govardhan Mehta who is only an Honorary Professor in the Indian Institute of Science, Bangalore. The fact that Professor Govardhan Mehta was the Director of the Indian Institute of Science, Bangalore also cannot make him ineligible to be a member of the Search Committee. The connection contemplated u/s 14(3) is the present connection and not past connection. At any rate, the connection through Annexure-C is between the University and the Indian Institute of Science.

Hence, there is no legal or factual basis for the contention of the petitioner that Professor Govardhan Mehta is ineligible to be a member of the Search Committee. Therefore, the Writ Petition is liable to be dismissed on merits also.

Since we are satisfied that this writ petition is not only a frivolous petition, but also an abuse of the process of the Court and is not filed in public interest, we are inclined to impose costs on the petitioner. Hence the writ petition is dismissed with costs Rs. 10,000/- to be paid by the petitioner to the High Court Legal Services Committee within one month from today.