Date:27/12/2005 URL: http://www.thehindu.com/2005/12/27/stories/2005122703820400.htm

Karnataka - Bangalore

Governor revokes decision of health varsity

Staff Reporter

Three Senate members had appealed to him against their disqualification

Promotion was cited as the reason for disqualification

The professors had alleged malafide intentions in the action

BANGALORE: Governor T.N. Chaturvedi has set aside the decision of Rajiv Gandhi University of Health Sciences (RGUHS) to disqualify Senate members Nidarsh D. Hegde, Koppad and Kavitha Mogale as they had been promoted as professors.

The members had petitioned the Governor, who is also the university Chancellor, that they were not given an opportunity to be heard before the cessation order was passed, and that the Chancellor was the authority competent to pass such an order, under Section 59 of the RGUHS Act. Besides, the university had earlier allowed another member, Kranti Kumar Sirise, to continue despite his promotion as professor. The petitioners contended that in the case of Dr. Sirise, the university clarified that the Act did not specify the removal of the members before the full term. This was recorded in the proceedings of a meeting of the Senate on September 22, 2004. Alleging malafide intentions, they said in the case of Dr. Nidarsh Hegde, although he was promoted in September 2004, the membership was removed only in September 2005.

In his order, the Chancellor referred to the ambiguity in the Act and observed that "the provision for the removal of a member as a disqualification on change of his professional categorisation is not provided. No provision also exists as to how the election of a member of the Senate will be done if a member is removed as done in the present dispute."

Besides, the Chancellor said, the university authorities had not satisfactorily explained why they took action after such a lapse of time and without correcting the position as pointed out in the Senate, to the highest policy making body of the university. "Section 59 makes it clear that a dispute will be remitted to the Chancellor and his decision will be final."

The Chancellor, in his order, directed that the Act, the Rules and University statutes required a thorough review in many respects. "The university should approach the Government with its suggestions and recommendations, after thorough examination to ensure that the objectives of setting up an exclusive university as RGUHS are adequately fulfilled," the order said.