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The single judge bench headed by Justice Arvind Kumar on Friday quashed a writ petition filed by the registrar of Visvesvaraya Technological University questioning the chancellor’s order appointing a committee to probe into allegations of corruption in the University.
Governor Vajubhai Vala, who is also the chancellor of all the universities in the state, had appointed a one-man committee headed by retired judge Ajit Gunjal to probe into the allegations of corruption and misappropriation of funds by the VTU vice-chancellor Maheshwappa. The registrar of the VTU had filed a writ petition questioning the governor’s order in the principle bench of the High Court in Bengaluru. Since it was vacation for the court, the case had been transferred to the Dharwad Bench of High Court.
Justice Arvind Kumar who had completed the hearing a fortnight ago had reserved the judgment.
On Friday, delivering his judgement Justice Kumar said he was quashing the writ petition as the petitioners had not followed due procedure. He observed that both the vice chancellor and registrar were the officers of the university and before filing the writ petition they should have placed the matter before the syndicate and taken the consent of all the members of the body. Since they had not done so, the petition was being quashed, he said.
This is the second case where the order of the governor (chancellor) is being challenged in the court of law. When the governor had appointed one-man commission headed by Justice Padmaraj to probe the charges of irregularities by the then Karnatak University vice-chancellor H B Walikar and the commission had submitted its report, Walikar had filed a writ petition challenging the governor’s order in the High Court.
Justice H Billappa who had heard the arguments on both the sides had on November 27, 2014 decreed that there were procedural lapses in initiating probe into charges against Walikar and 10 others. He had quashed the FIR filed by the Lokayukta Police against Walikar and 10 others.
Meanwhile, Governor Vajubhai Vala’s advocates on Jaunary 21, 2015 have filed an appeal in the High Court bench questioning the order of the single-judge bench headed by Justice Billappa. The case is yet to come up for hearing.
