Mere political exigencies or clamour for positions of power by supporters of the ruling dispensation should not be a ground to disturb or revoke the appointment of qualified persons, the High Court of Karnataka observed while setting aside removal of seven nominated members from the Syndicate and the Senate of Rajiv Gandhi University of Health Sciences.
“The problem lies in the fact that even academics are being enslaved to the delusions of so-called power in posts, which demand academic excellence. Appointments are sought to be changed to suit political considerations resulting, even in eminent persons being treated with disdain,” the court observed.
Justice G. Narendra made these observations while setting aside the October 16, 2020, order of the government discontinuing five nominated members of the syndicate and two nominated members of the senate, and nominating seven other persons in their place.
The court directed reinstatement of Deepthi Bhava and Kiran Kalaiah, Umesh, Sudhir V.R., H.N. Ravindra to the syndicate, and Chikkalingaiah and Anand Basavaraj Jabasetty to the senate, who were nominated in October 2018, and directed the RGUHS and the government to allow them complete their term of three years in a dignified manner. “The institution should have been the first to stand up and tell the ruling class to eschew such arbitrariness and the damage such whimsical actions causes to such institutions, whose only endeavour is excellence. It is hoped that this order would be seen and appreciated in true spirit,” the court said.
Arbitrary move
The court also observed that “in the absence of any valid and reasonable ground, the removal on the ground of exercise of pleasure doctrine is rendered arbitrary. That apart, it is apparent that the removal came about and after the change in the ruling dispensation and hence a political bias also cannot be ruled out.”
“It is sorry to see that the appointment of such persons has resulted in litigations only because such people are sought to be painted with a political brush irrespective of their academic excellence. It can be safely presumed that “eminent people”, as mandated in the provisions, would remain eminent and their eminence would not be diminished by their political affiliations or by the fact that they have been identified as member of any political dispensation or party,” the court observed. It refused to accept the government’s contention that nominations to these bodies are at the pleasure and the will of the nominating authority.
Also, the court said the government had no power to nominate as this power is vested with the Pro-Chancellor, the Minister for Medical Education. Though removal of the petitioners and nomination of seven other medical professional are made on the recommendation of the Pro-Chancellor, no valid reason was cited for the removal of the petitioners, the court said.
