PROF H RAJASHEKAR vs STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 17 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 4045 OF 2024 (S-RES)

BETWEEN:

PROF H RAJASHEKAR
S/O HOLEBASAPPA
AGED ABOUT 58 YEARS
DEAN DEPT OF COMMERCE
AND VICE CHANCELLOR (IN CHARGE)
UNIVERSITY OF MYSORE MYSURU
R/O NO 28, C BLOCK ANANDNAGAR
MYSORE – 570 022.
…PETITIONER
(BY SRI. HIREMATH AKKAMAHADEVI, ADVOCATE)







AND:


1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
TH
6 FLOOR GATE NO 2, M S BUILDING
BENGALURU – 560 001.
REPRESENTED BY
ITS PRINCIPAL SECRETARY.

2. THE REGISRTAR
UNIVERSITY OF MYSORE
MANASAGANGOTRI
MYSURU – 570 006.

3. THE ENQUIRY COMMITTEE
CONSTITUTED BUY THE GOVERNMENT
TH
6 FLOOR GATE NO 2, M S BUILDING
BENGALURU – 560 001
REPRESENTED BY
ITS DEPUTY SECRETARY.
…RESPONDENTS

(BY SMT. ASHWINI PATIL, AGA FOR R-1 & R-3
SRI. T.P RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R-2)




Digitally
signed by
VANDANA S
Location:
High Court
of Karnataka

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE INQUIRY REPORT
SUBMITTED BY THE R-3 ENQUIRY COMMITTEE DTD NIL IN NO.
ED/104/UKV/2022-ED-SO-UN12-EDUCATION HIGHER SEC (COMPUTER
NO 913967) 5467901/2023/ED-UN11SEC (ANN A) AS BEING VIOLATIVE OF
SEC 14(8) OF THE KARNATAKA UNIVERSITIES ACT.
THIS PETITION IS BEING HEARD AND RESERVED ON 31.07.2026
COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

CAV ORDER

In this petition, petitioner seeks for the following reliefs:-
“ a) To quash the Inquiry Report submitted by the
Respondent No.3 Enquiry Committee dated NIL in No.ED/104
/UKV/2022-ED-SO-UN12-Education Higher Sec.(Computer
No.913967) 5467901/2023/ED-UN11Sec (Ann A) as being
violative of Section 14(8) of the Karnataka Universities Act.,
and
b) Consequently to quash the Report /
proceedings bearing File No.ED/104/UKV/2022-
ED_SO_UNI2-EDUCATION HIGHER SEC(Computer
No.913967) 5467901/2023/ED-UNI1 Sec of the Enquiry
Committee, (Annexure-A);
c) To hold and declare that no Vigilance or
disciplinary enquiry proceedings were held, or were pending
or contemplated against the petitioner, and
d) To direct the Respondent NO.2 to issue to the
Petitioner a Service Certificate stating that no vigilance or

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disciplinary enquiry proceedings were held, or were pending
or contemplated against the petitioner.
e) Any other order that this Hon’ble Court may
deem fit, in the facts and circumstances of the case in the
interest of justice.”


2. A perusal of the material on record will indicate that the
nd
petitioner joined the University of Mysore – 2 respondent in the
year 1988 and became a Professor in the Department of
Commerce on 05.08.2011. On 02.11.2022, the State Government
issued a Notification constituting a search committee for selection
nd
and appointment of Vice Chancellor of the 2 respondent –
st
University. Thereafter, on 08.11.2022, the 1 respondent issued a
Notification under Section 14(2) of the Karnataka State Universities
Act, 2000 (for short ‘the said Act of 2000’) from eligible and
distinguished academicians / Professors who possessed the
requisite credentials / qualifications in terms of the said Notification.
Since the post of the Vice Chancellor (VC) would fall vacant on
15.11.2022, a Notification dated 14.11.2022 was issued appointing
the petitioner as Vice Chancellor (in-charge) from 15.11.2022 till
19.02.2023 when his Deanship would come to an end or until a
regular Vice Chancellor was appointed, whichever was earlier.

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Further, the petitioner submitted an application for appointment to
the post of VC dated 17.11.2022 along with relevant documents
nd
including a Certificate issued by the 2 respondent – University to
the effect that no vigilance or disciplinary proceedings were
pending / contemplated against him in terms of clause (3) of the
nd
aforesaid Notification dated 08.11.2022. So also, the 2
respondent issued one more service certificate dated 13.12.2022 to
the effect that neither any vigilance nor disciplinary enquiry
proceedings were held, pending or contemplated against him. It is
contended that however, on 20.12.2022, the petitioner learnt that in
st
the main list of candidates on the website of the 1 respondent,
remarks were made that enquiry was pending against the petitioner
and hence, he was not eligible, which was contrary to the aforesaid
nd
service certificate issued to him by the 2 respondent – University.
Under these circumstances, the petitioner submitted
representations to the respondents to remove the said remark but
the said request was not complied with by them and the petitioner
approached this Court in W.P.No.25759/2022, in which, an interim
order was passed in favour of the petitioner.

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3. The petitioner contends that during the pendency of the
nd
said petition, he received a phone call from the 2 respondent to
rd
appear before the 3 respondent - Enquiry committee on
17.01.2023, in pursuance of which, the petitioner appeared before
rd
the 3 respondent - Committee on that day and replied to a few
rd
questions but nothing was recorded by the 3 respondent -
Committee. It is contended that subsequently, the petitioner learnt
that vide backdated / antedated Notification dated 17.12.2023, the
st rd
1 respondent had hurriedly constituted the 3 respondent -
Enquiry committee against petitioner and other staff as regards K-
nd
SET Examinations conducted by the 2 respondent – University
during the period from 2019 to 2021, during which period, the
petitioner was the coordinator of the K-SET steering committee. It
is further contended that the petitioner was neither intimated nor
provided any information / details / copies of proceedings / enquiry
rd
report by any of the respondents including the 3 respondent –
rd
Committee subsequent to him appearing before the 3 respondent
- Enquiry committee on 17.12.2023 as stated supra.

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4. The aforesaid Notification dated 17.12.2023 was
challenged by the petitioner in W.P.No.5604/2023 during the
pendency of which, the earlier petition in W.P.No.25759/2022 filed
by the petitioner supra, was disposed of by this Court vide order
dated 06.03.2023 directing the authorities to take necessary steps
nd
for appointment of a Vice Chancellor of 2 respondent – University
in accordance with Section 14 of the said Act of 2000.

5. The petitioner further contends that he submitted an
application to the post of VC of Kuvempu University on 01.08.2023
and produced a service certificate dated 10.08.2023 issued by the
nd
2 respondent – University, which certified that at that time, no
vigilance or disciplinary enquiry proceedings were pending or
nd
contemplated against the petitioner by the 2 respondent –
University. However, the said service certificate also stated that the
rd
aforesaid 3 respondent - Enquiry committee constituted vide
Notification dated 17.12.2022 had submitted its enquiry report to
the State Government to take further decision in this regard. It is
contended that under these circumstances, petitioner sought for
withdrawal of W.P.No.5604/2023 which was disposed of as

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withdrawn by this Court vide order dated 05.12.2023 by reserving
liberty in favour of the petitioner to challenge the aforesaid enquiry
report. It is contended that under these circumstances, the
rd
petitioner having obtained the copies of the aforesaid 3
respondent - Enquiry committee report conducted on 17.01.2023,
he is before this Court by way of the present petition seeking
quashing of the impugned enquiry report and for other reliefs.

st
6. The 1 respondent – State has filed its statement of
objections to the main petition, while respondents 2 and 3 have not
filed any statement of objections. It was contended that in
pursuance of a communication dated 03.01.2023 addressed by the
Minister for Higher Education, a preliminary investigation
committee was constituted regarding the conduct of the K-SET
examination during 2019 to 2021 and the said committee
conducted investigation and submitted its report on 17.01.2023. It
was further contended that the aforesaid enquiry was merely a
preliminary investigation and not an enquiry as contemplated
under Section 14(8) of the said Act of 2000 and the petitioner who
was neither a party nor called upon by the Investigation committee

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is not entitled to challenge the preliminary investigation report by
way of the present petition, which was premature and not
maintainable in law or on facts and the same was liable to be
dismissed, especially when no action had been initiated under
Section 14(8) and the preliminary investigation report had been
forwarded to His Excellency the Governor who had not taken any
action in this regard. It was therefore contended that there was no
merit in the petition and that the same was liable to be dismissed.

7. Heard learned counsel for the petitioner and learned AGA
nd
for respondents 1 and 3 as well as learned counsel for the 2
respondent and perused the material on record.

8. A perusal of the material on record will indicate that it is
an undisputed fact and a matter of record that even according to
the respondents themselves, no enquiry committee had been
constituted or appointed by taking recourse to Section 14(8) of the
said Act of 2000; in fact, Section 14 deals with appointment to the
post of VC and other allied / related provisions in this regard
including appointing / constituting a committee headed by a Judge
of the Supreme Court or High Court for the purpose of taking action

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against a VC under Section 14(8) of the said Act of 2000; in this
context, it is necessary advert to the Notification at Annexure-B
dated 17.12.2022, whereby the State Government constituted the
instant Enquiry committee as hereunder:-


PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ £ÀqÀªÀ½UÀ¼ÀÄ
K-SET
«µÀAiÀÄ: 2019 jAzÀ 2021 gÀªÀgÉUÉ ªÉÄʸÀÆgÀÄ
«±Àé«zÁå®AiÀĪÀÅ £ÀqɹzÀ PÀ£ÁðlPÀ gÁdå ¸ÀºÁAiÀÄPÀ ¥ÁæzsÁå¥ÀPÀgÀ CºÀðvÁ
K-SET
¥ÀjÃPÉë ( ) gÀ°è £ÀqÉ¢zÉ JA¢gÀĪÀ CªÀåªÀºÁgÀUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÉ
vÀ¤SÉ £ÀqɸÀĪÀ PÀÄjvÀÄ.

NzÀ¯ÁVzÉ: 1. ²æà ¥ÀævÁ¥ï ¹AºÀ, ªÀiÁ£Àå ¯ÉÆÃPÀ¸À¨sÁ ¸ÀzÀ¸ÀågÀÄ EªÀgÀÄ
CzsÀåPÀëgÀÄ, AiÀÄÄf¹, EªÀjUÉ §gÉzÀ ¥ÀvÀæ ¢£ÁAPÀ: 11.02.2022.
DO No.
2. PÁAiÀÄðzÀ²ð, AiÀÄÄf¹, EªÀgÀ ¥ÀvÀæ ¸ÀASÉå: . 7-
NET/SLET)
16/2012 ¢£ÁAPÀ: 03.03.2022.
3. ªÀiÁ£Àå «gÉÆÃzsÀ ¥ÀPÀëzÀ £ÁAiÀÄPÀgÀÄ PÀ£ÁðlPÀ «zsÁ£À ¸À¨sÉgÀªÀgÀ
D¥ÀÛ PÁAiÀÄðzÀ²ðAiÀĪÀgÀ ¥ÀvÀæ ¸ÀASÉå: «¥À£Á/DPÁ/3723/2022, ¢£ÁAPÀ:
17.05.2022
4. PÀÄ®¸ÀaªÀgÀÄ, ªÉÄʸÀÆgÀÄ «±Àé «zÁå®AiÀÄ, EªÀgÀ ¥ÀvÀæ ¸ÀASÉå:
ªÉÄÊ««/PɸÉmï/2022-23/105, ¢£ÁAPÀ: 06.07.2022.
5. ²æà ¥ÀævÁ¥ï ¹AºÀ, ªÀiÁ£Àå ¯ÉÆÃPÀ¸À¨sÁ ¸ÀzÀ¸ÀågÀÄ, EªÀgÀ ¥ÀvÀæ
Loksab/MYS/1791/2022-23,
¸ÀASÉå: ¢£ÁAPÀ: 22.11.2022.
6. ªÀiÁ£Àå G£ÀßvÀ ²PÀët ¸ÀaªÀgÀ ¥ÀvÀæ ¸ÀASÉå: G²Ln & ©n &
vÀA, PËC¸À/1750/2021-22, ¢£ÁAPÀ: 28.11.2022.

¥Àæ¸ÁÛªÀ£É:
ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀÄ zsÀ£À¸ÀºÁAiÀÄ DAiÉÆÃUÀªÀÅ (AiÀÄÄf¹)
PÀ£ÁðlPÀ gÁdåzÀ ¥ÀgÀªÁV PÉ-¸Émï ¥ÀjÃPÉëUÀ¼À£ÀÄß £ÀqɸÀ®Ä ªÉÄʸÀÆgÀÄ
«±Àé«zÁå®AiÀÄPÉÌ ªÀiÁ£ÀåvÉAiÀÄ£ÀÄß ¤ÃqÀ¯ÁVvÀÄÛ.

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ªÉÄÃ¯É NzÀ¯ÁzÀ PÀæªÀÄ ¸ÀASÉå: (1)gÀ ¥ÀvÀæÀæzÀ°è ªÀiÁ£Àå ¯ÉÆÃPÀ¸À¨sÁ
¸ÀzÀ¸ÀågÀÄ, EªÀgÀÄ ¢£ÁAPÀ:03.03.2022gÀ ¥ÀvÀæzÀ°è ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀÄzÀ
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SET
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²ÃlÄUÀ¼À ªÀiË®åªÀiÁ¥À£ÀzÀ ªÉÃ¼É G¥À¹ÜvÀjgÀÄwÛzÀÝgÀÄ ºÁUÀÆ
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PÁ®zÀªÀgÉUÉ Ej¹PÉƼÀî¨ÉÃPÁVgÀÄvÀÛzÉ. DzÀgÉ «±Àé«zÁå®AiÀĪÀÅ ¹ArPÉÃmï
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ªÀiÁ»wAiÀÄ£ÀÄß ¥ÀqÉzÀÄ vÀ¤SÉAiÀÄ£ÀÄß £ÀqɹgÀĪÀ §UÉÎ «ªÀgÀUÀ¼ÀÄ EgÀĪÀÅ¢®è.
C®èzÉà ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀĪÀÅ ªÀgÀ¢AiÀÄ£ÀÄß ¸À°è¸ÀzÉà PÉêÀ® ¥ÀvÀæ ¸À°è¹zÀÄÝ,
¸ÀzÀj ¥ÀvÀæPÉÌ G¥À PÀÄ®¸ÀaªÀgÀÄ eÉÆvÉUÉ PÉJ¸ïEn ¸ÀAAiÉÆÃdPÀgÀÄ ¸ÀºÀ
¸À»ªÀiÁrzÀÄ, EzÀÄ »vÁ¸ÀQÛ ¸ÀAWÀµÀðPÉÌ PÁgÀtªÁUÀÄvÀÛzÉ ªÀÄÄAzÀĪÀgÉzÀÄ
G¯ÉèÃR(3) gÀAvÉ AiÀÄÄf¹ PÉÆÃjgÀĪÀAvÉ ¤¸ÀàPÀë¥ÁvÀ vÀ¤SÉAiÀÄ£ÀÄß £ÀqɹgÀĪÀ
§UÉÎAiÀÄÆ ¸ÀºÀ AiÀiÁªÀÅzÉà ªÀiÁ»w ¸ÀPÁðgÀPÉÌ ¸À°è¹gÀĪÀÅ¢®è.
G¯ÉèÃRzÀ PÀæªÀÄ ¸ÀASÉå: (5)gÀ ¥ÀvÀæzÀ°è ªÀiÁ£Àå ¯ÉÆÃPÀ¸À¨sÁ ¸ÀzÀ¸ÀågÀÄ,
K-SET
EªÀgÀÄ ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀĪÀÅ 2016 jAzÀ 2021gÀ°è £ÀqɹgÀĪÀ
¥ÀjÃPÉëAiÀÄ°è CPÀæªÀÄ £ÀqɹgÀĪÀ PÀÄjvÀÄ AiÀÄÄf¹ zÀÆgÀÄ ¤ÃqÀ¯ÁVzÀÄÝ, ¸ÀzÀj

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zÀÆjUÉ ¸ÀA§A¢ü¹zÀAvÉ AiÀÄÄf¹AiÀÄÄ ªÀgÀ¢ ¤ÃqÀĪÀAvÉ ªÉÄʸÀÆgÀÄ
«±Àé«zÁå®AiÀÄPÉÌ PÉÆÃjzÀÝgÀÆ, «±Àé«zÁå®AiÀÄzÀ «ªÀgÀªÁzÀ ªÀgÀ¢ ¤ÃrgÀĪÀÅ¢®è
K-SET
ºÁUÀÆ ¸ÀzÀj ¸Á®ÄUÀ¼À°è ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀĪÀÅ £ÀqɹzÀ
¥ÀjÃPÉëAiÀÄ£ÀÄß £ÀqɸÀĪÀ°è AiÀÄÄf¹ ªÀiÁUÀð¸ÀÆaAiÀÄ£ÀéAiÀÄ ºÀ®ªÁgÀÄ
¤AiÀĪÀÄUÀ¼À£ÀÄß G®èAX¹zÀÄÝ, ¥sÀ°vÁA±ÀªÀ£ÀÄß WÉÆö¸ÀĪÀ°èAiÀÄÆ ¸ÀºÀ ªÉÄʸÀÆgÀÄ
«±Àé«zÁå®AiÀÄzÀ C¢üPÁjUÀ¼ÀÄ ¥ÀæªÀÄÄR vÀ¥ÀÅàUÀ¼À£ÀÄß ºÁUÀÆ CPÀæªÀÄUÀ¼À£ÀÄß
OMR Sheets
ªÀiÁrgÀĪÀÅzÁV zÀÆgÀ¯ÁVzÉ. ªÀÄÄAzÀĪÀgÀzÀÄ, UÀ¼À£ÀÄß
Strong room CCTV
¸ÀjAiÀiÁV ¸ÀAUÀ滹gÀĪÀÅ¢®è. ¸ÀAUÀ滸À¯ÁzÀ £À
footages K-SET Tinies of
UÀ¼ÀÄ EgÀĪÀÅ¢®è. ¥ÀjÃPÉëAiÀÄ CPÀæªÀÄUÀ¼À PÀÄjvÀÄ
India
ºÁUÀÆ E¤ßvÀgÀ ¥ÀæªÀÄÄR ¢£À¥ÀwæPÀUÀ¼À°è UÀA©üÃgÀ DgÉÆÃ¥ÀUÀ¼ÀÄ ºÁUÀÆ
ªÀgÀ¢UÀ¼ÀÄ ¥ÀæPÀnvÀªÁUÀÄwÛgÀĪÀÅzÀjAzÀ C¸ÀASÁåvÀ «zÁåyðUÀ¼ÀÄ ªÀÄvÀÄÛ
DPÁAQëUÀ½AzÀ £ÁåAiÀÄ zÉÆgÀQ¹PÉÆqÀĪÀAvÉ C¸ÀASÁåvÀ zÀÆgÀÄUÀ¼ÀÄ
¹éÃPÀÈvÀªÁUÀÄwÛªÉ. ºÉaÑ£À DPÁAQëUÀ¼ÀÄ UÁæ«ÄÃt ªÀÄvÀÄÛ ªÀÄzsÀåªÀÄ ªÀUÀðzÀªÀgÁVzÀÄÝ,
F jÃwAiÀÄ C¨sÁå¸ÀUÀ½AzÀ EªÀgÀÄUÀ¼À UÀÄjUÀ½UÉ vÉÆqÀPÀÄ GAmÁUÀÄvÀÛzÉ,
DzÀÝjAzÀ F J¯Áè CA±ÀUÀ¼ÀÄ ¸ÁªÀðd¤PÀªÁV ªÀĺÀvÀÛgÀªÁzÀ CA±ÀUÀ¼ÁVgÀĪÀ
KSET
»£É߯ÉAiÀÄ°è ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀÄzÀ ¥ÀjÃPÉëUÉ ¤AiÉÆÃfvÀgÁzÀ
¸ÀAAiÉÆÃdPÀgÀ PÁAiÀÄðzÀPÀëvÉAiÀÄ°è£À DgÉÆÃ¥ÀUÀ¼À §UÉÎ vÀPÀëtªÉà «ZÁgÀuÉAiÀÄ£ÀÄß
£ÀqɸÀ®Ä CUÀvÀå PÀæªÀÄ PÉÊUÉƼÀÄîªÀAvÉ ªÀiÁ£Àå G£ÀßvÀ ²PÀët ¸ÀaªÀgÀ£ÀÄß
PÉÆÃjgÀÄvÁÛgÉ.
CzÀgÀ£ÀéAiÀÄ ªÉÄÃ¯É NzÀ¯ÁzÀ PÀæªÀÄ ¸ÀASÉå: (6) gÀ ¥ÀvÀæzÀ°è ªÉÄʸÀÆgÀÄ
KSET
«±Àé«zÁå®AiÀÄzÀ°è £ÀqɹzÀ ¥ÀjÃPÉëUÉ ¸ÀA§A¢ü¹zÀ zÀÆgÀÄUÀ¼ÀÄ ºÁUÀÆ
¥ÀæªÀÄÄR ¢£À¥ÀwæPÉUÀ¼À°è ªÀiÁrgÀĪÀ DgÉÆÃ¥ÀUÀ¼ÀÄ ªÀÄvÀÄÛ CzÀgÀ°è£À J¯Áè
CA±ÀUÀ¼ÀÄ ¸ÁªÀðd¤PÀªÁV ªÀĺÀvÀÛgÀªÁzÀ CA±ÀUÀ¼ÁVgÀĪÀ »£É߯ÉAiÀÄ°è CA¢£À
K-SET
ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀÄzÀ ¥ÀjÃPÉëUÉ ¤AiÉÆÃfvÀgÁzÀ ¸ÀAAiÉÆÃdPÀgÀ
PÁAiÀÄðzÀPÀëvÉAiÀÄ°è£À DgÉÆÃ¥ÀUÀ¼À «gÀÄzÀÞ vÀPÀëtªÉà «ZÁgÀuÉAiÀÄ£ÀÄß £ÀqɸÀ®Ä
ºÁUÀÆ PÀæªÀÄPÁÌV ªÀÄAr¸ÀĪÀ §UÉÎ CUÀvÀå PÀæªÀÄ PÉÊUÉƼÀÄîªÀAvÉ ¸ÀÆa¹gÀÄvÁÛgÉ.

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CzÀgÀAvÉ F PɼÀPÀAqÀ DzÉñÀ
¸ÀPÁðj DzÉñÀ ¸ÀASÉå: Er104AiÀÄÄPÉ«2022, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ:
17.12.2022.

¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀ CA±ÀUÀ¼À »£É߯ÉAiÀÄ°è, 2019 jAzÀ 2021
gÀ CªÀ¢üAiÀÄ°è ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀĪÀÅ £ÀqɹzÀ J¯Áè PÀ£ÁðlPÀ gÁdå
(K-SET)
¸ÀºÁAiÀÄPÀ ¥ÁæzsÁå¥ÀPÀgÀ CºÀðvÁ ¥ÀjÃPÉë UÉ ¸ÀA§A¢ü¹zÀAvÉ
G¯ÉèÃT¹gÀĪÀ J¯Áè zÀÆgÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ¥ÀvÀæUÀ¼ÀÄ ºÁUÀÆ ¥ÀæªÀÄÄR ¢£À¥ÀwæPÉUÀ¼À°è
K-
¥ÀæPÀlªÁzÀ DgÉÆÃ¥ÀUÀ¼ÀÄ ºÁUÀÆ ¸ÀzÀj CªÀ¢üAiÀÄ°è PÀvÀðªÀå ¤ªÀð»¹zÀ
SET (UGC)
¥ÀjÃPÉëAiÀÄ ¸ÀAAiÉÆÃd£Á¢üPÁj¬ÄAzÀ zsÀ£À ¸ÀºÁAiÀÄ DAiÉÆÃUÀzÀ
¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ ºÁUÀÆ ªÀiÁUÀð¸ÀÆaUÀ¼À G®èAWÀ£É ºÁUÀÆ EzÀjAzÀ
CPÀæªÀÄUÀ½UÉ CªÀPÁ±ÀªÁVgÀĪÀ DgÉÆÃ¥ÀUÀ¼À §UÉÎ ªÀÄvÀÄÛ «±Àé«zÁå®AiÀÄzÀ EvÀgÀ
C¢üPÁj ªÀUÀð ªÀÄvÀÄÛ ¹§âA¢UÀ¼À ±Á«ÄïÁw §UÉÎ ¥ÁgÀzÀ±ÀðPÀªÁV vÀ¤SÉ
£Àqɹ, vÀ¤SÁ ªÀgÀ¢AiÀÄ£ÀÄß MAzÀÄ wAUÀ¼ÉƼÀUÁV ¸ÀPÁðgÀPÉÌ «ªÀgÀªÁzÀ
ªÀgÀ¢AiÉÆA¢UÉ ¸À°è¸À®Ä F PɼÀPÀAqÀ vÀ¤SÁ ¸À«ÄwAiÀÄ£ÀÄß gÀa¹
DzÉò¸À¯ÁVzÉ.
PÀæ.¸ÀA. vÀ¤SÁ¢üPÁjUÀ¼ÀÄ
01. ²æà ¸ÉßúÀ¯ï ¸ÀÄzsÁPÀgÀ ¯ÉÆÃRAqÉ ¨sÁ.D.¸ÉÃ.,
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð,
G£ÀßvÀ ²PÀët E¯ÁSÉ («±Àé«zÁå®AiÀÄUÀ¼ÀÄ)
02 ²æêÀÄw ±ÉÊ®eÁ «.Dgï. PÉ.J.J¸ï. (DAiÉÄÌ ±ÉæÃtÂ)
PÀÄ®¸ÀaªÀgÀÄ, ªÀiÁ£À¸ÀUÀAUÉÆÃwæ, ªÉÄʸÀÆgÀÄ.
03. qÁ: ¸ÀAVÃvÀ UÀeÁ£À£À ¨sÀmï, ºÀtPÁ¸ÀÄ C¢üPÁj,
ªÉÄʸÀÆgÀÄ «±Àé«zÁå®AiÀÄ, ªÀiÁ£À¸ÀUÀAUÉÆÃwæ, ªÉÄʸÀÆgÀÄ.

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DeÁÕ£ÀĸÁgÀ
ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

(²ÃvÀ¯ï JA. »gÉêÀÄoÀ)
¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,
G£ÀßvÀ ²PÀët E¯ÁSÉ («±Àé«zÁå®AiÀÄUÀ¼ÀÄ-1).

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9. As can be seen from the aforesaid Notification, the same
is not traceable to any statutory provision under the said Act of
2000. much less Section 14(8) of the said Act of 2000. It is
therefore clear that the aforesaid Committee was not constituted in
accordance with any statutory provision nor traceable to any law
st
which empowered or authorised the 1 respondent – State to
appoint the said Committee; on the other hand, the Committee was
constituted pursuant to letter / communication by the Lok Sabha
MP and a leader of the opposition party of the Karnataka
Vidhanasabha and the State Minister for Higher Education and
consequently, the very constitution of the instant Enquiry
committee and the impugned report submitted by the Committee
are illegal, arbitrary and without jurisdiction or authority of law and
the same deserves to be quashed.

10. It is also relevant to extract the impugned Enquiry report
at Annexure-A / Annexure-R3 dated 17.01.2023 submitted by the
rd
3 respondent – Committee as hereunder:-
Proceedings of the Inquiry Committee held on 17-
01-2023 for conducting a transparent investigation and
to submit an inquiry report regarding all Karnataka State
Assistant Professor Eligibility Test (K-SET) exams

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conducted by University of Mysore from 2019 to 2021
and complaints received and allegations published in
leading newspapers and the allegations of violation of
University Grant Commission (UGC) rules and
guidelines by the coordinator of K-SET examination and
other officers and staff of the university as per
Government Order No: ED 104 UKV 2022, dated: 17-12-
2022.
Inquiry Officers present:
1) Sri Snehal Sudhakar Lokhande, IAS.,
Deputy Secretary to Govt. of Karnataka,
Higher Education Department (Universities)

2) Smt. Shylaja V.R., KAS (Selection Grade)
Registrar,University of Mysore.

3) Dr. Sangeetha Gajanan Bhat,
Finance Officer, University of Mysore.

(This investigation process has been video
graphed and recorded in the interest of transparency)
Registrar, University of Mysore, brought to the notice
of the Inquiry Committee Members, that, in the Government
Order No: ED 104 UKV 2022 , dated 17-12-2022 , an inquiry
committee has been constituted to conduct a transparent
investigation and submit an inquiry report regarding all
Karnataka State Assistant Professor Eligibility Test (K-SET)
exams conducted by University of Mysore from 2019 to 2021
and complaints received and allegations published in leading
newspapers and allegations of violation of University Grant
Commission (UGC) rules and guidelines by the coordinator

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of K-SET examination and other officers and staff of the
university.
The details of the complaint received regarding the
irregularities in the K-SET examination of University of
Mysore is brought to the notice of the Inquiry Committee by
the Deputy Secretary to the Government, Department of
Higher Education (Universities).
Mr. Pratap Simha, Honorable Member of Lok Sabha
has submitted complaint to the Hon'ble Minister of Higher
Education on 11/2/2022 and requested to take immediate
action to conduct an inquiry into these allegations. The
allegations are as follows:
•
A steering committee is appointed by the
Government of Karnataka as mandated by UGC
for overall monitoring and fair conduct and
declaration of results of KSET. The present
steering committee headed by VC and member
secretary are involved in irregularities in respect of
non- conformity in abiding by the UGC
regulations in conduct of KSET exam.

•
In 2018 when KSET exam was conducted by
University of Mysore, an implementation
committee was constituted by the Steering
committee to thoroughly monitor each and every
step of Evaluation process. The members of
Evaluation Committee were present on each day
during scanning of OMR sheets and Monitoring of
CCTV footage were also done by the committee.

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The absence of KSET committee during KSET
2020 clearly raises questions about the fair
conduct of the examination.
•
The UGC has a mandate to preserve the answer
scripts for a period of one year. The UOM in its
syndicate passed a resolution for its own
conveniences to destroy OMR sheets in 3 months
which clearly indicates the level of corruption and
high handedness of the University in changing the
UGC mandate.
•
There are serious allegations and reports carried
in leading newspapers about corruption practices
by the custodian of OMR sheets who is the only
person having direct access to OMR sheets.
CCTV footage of Entry and exit is not being stored
which is again questionable.

Further, Hon'ble Leader of Opposition, Karnataka Legislative
Assembly, has requested to investigate and take action on the
complaints regarding malpractices in the K-SET examination
conducted by the University of Mysore in the month of July 2021.
These are:-
•
A student named Sushma.V., Subject of Life
Science, Davanagere Center Code-14, Subject
Code-28, Roll no. 14280369, PAPER-01 OMR
SHEET NO. 511413 has answered ONLY 14
QUESTIONS AND PAPER-02 OMR SHEET NO.
678349 has answered only 19 questions, out of 300
marks but she scored 62 in paper-01 and 118 in

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paper-02, total 180 marks and qualified in the general
category.

Regarding the above complaints, the following
point wise investigation was undertaken by the Inquiry
Committee:
1. Committee has checked the attendance book of the
existing staff of K-SET and got the information about the
staff. And the attendance book of the staff who worked in the
year 2020 and 2021 was also checked (Annexure-1) . The
Committee has received information that, all the K-SET staff,
except the K-SET Coordinator, were working on outsourced
basis. A total of 11 staff on outsourced basis were working in
the KSET exam section. Hence the responsibility of the
whole KSET exam is on one permanent staff that is the
KSET coordinator.
2. In the complaint received it has been stated that, in
2017 an Implementation Committee was formed and all the
process of K-SET was managed by the Implementation
Committee, but from 2018 onwards Implementation
Committee was not formed. Regarding this, the enquiry
committee questioned the current K-SET Coordinator (Mr.
Mahesh), he gave the information stating that he took charge
as K-SET Coordinator on: 15-11-2022 and that the
information he is providing to the committee was based on
the files which were available in the K-SET branch. Further
he has stated that as per UGC K-SET Guidelines - 2018
Order No: 4.1 says that:

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a. "IF needed Steering Committee may
constitute Implementation Committee to assist the
member secretary for smooth conduct of SET. As
per this section an Implementation committee was
formed in 2017 . Hence it is not mandatory for the
Steering committee to form an implementation
committee.
b. Later on, as per the present KSET
coordinator submission during K-SET examination
2018, this implementation committee was abolished as
per the decision of Syndicate meeting. And the present
Coordinator also informs that the information about the
proceedings of the Syndicate meeting is not available.
Hence there is no proof of abolition of
implementation committee either in Syndicate
committee proceedings or in Steering Committee
proceedings.
c. Also the decision to create an implementation
committee is of Steering committee as per the UGC
guidelines on SET and not on Syndicate.
3. Further, the present K-SET Coordinator in his reply
to the committee has explained the process followed while
conducting K-SET examination. He has stated that a
Steering Committee needs to be constituted to conduct a K-
SET examination, the said committee shall get dissolved
after the completion of the K-SET examination. He also
brought to the notice of the committee that, one K-SET
examination would be conducted in a year and the OMR
sheets will be examined by the K-SET Coordinator and the

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Steering Committee does not examine or monitor any OMR
sheets.
4. The Committee received information from the K-
SET staff that K-SET examination was not conducted by
University of Mysore as the nodal agency in the year 2019.

5. The K-SET staff brought to the notice of the
Committee that, there is no provision in the UGC Rules for
storage of OMR sheets for one year and subsequent
disposal. But however, there is a circular which has been
issued by the University of Mysore dated: 24-02-1997, in
which it has been mentioned that OMR sheets needs to be
stored for one year (Circular - Annexure-2).
The K-SET examination for the year 2020 was
conducted on: 27-9-2020 and the Vice-Chancellor approved
the disposal of the said OMR sheets approximately 10
months later i.e. on: 16-7-2021 and the K-SET examination
for the year 2021 was held on 25-7-2021, the Vice-
Chancellor approved the disposal of the said OMR sheets
approximately after 6 months i.e. on 29-1-2022. The
Committee in turn perused the file in this regard and
ascertained that the Vice-Chancellor has approved the
disposal of the OMR sheets on the said dates (Note sheet
and Order –(Annexure-3) . Further, the staff informed that
the disposal of K-SET OMR sheets in 2020 and 2021 was
presented and approved before the Syndicate Committee of
the University. The committee asked the Registrar to check
whether disposal of OMR sheets was kept before the
Syndicate Committee or not. BUT no Syndicate resolution

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regarding this was submitted to the committee. Hence prima
facie it is observed that the decision was not taken with
the Syndicate Approval.

6. The K-SET staff informed that, there is no
information about CCTV footage of Strong room where OMR
sheets are stored and that the CCTV is managed by the K-
SET Coordinator alone.

7. Further a complaint made by the Hon'ble Leader of
Opposition Mr. Siddaramaiah was examined. In the said
complaint, the qualification of one of the candidate has been
questioned, which is:-


a. Sushma.V., Subject of Life Science,
Davanagere Center Code-14, Subject Code-28, Roll no.
14280369, PAPER-01 OMR SHEET NO. 511413 has
answered ONLY 14 QUESTIONS AND PAPER-02 OMR
SHEET NO. 678349 has answered only 19 questions,
but out of 300 marks she scored 62 in paper-01 and 118
in paper-02, total 180 marks and qualified in the general
category.
b. Regarding this complaint when enquired by the
Inquiry committee, they have got the information that
OMR carbon sheets were given to K-SET examinees.
However, since the original OMR sheets of the student
Sushma.V. have already been disposed of, the
committee checked the online result (Annexure-4), and
found that she actually scored 180 marks and was
qualified in the general category. The committee could

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not trace the original OMR sheets as they were already
disposed but was convinced prima facie that the content
of the complaint was found to be true.

8. However, the staff informed that no complaint has
been registered in this regard at the K-SET center and no
investigation was conducted in this regard.

9. Further, inquiry was made regarding the complaint
made by the Hon'ble Lok Sabha Member to the UGC
regarding K-SET, the University of Mysore has not submitted
any report to the UGC, and no investigation has been
undertaken into the complaint regarding K-SET. However,
the K-SET staff informed that the previous Vice-Chancellor
had submitted a report to the UGC on 5-4-2022 and
produced the letter written to the UGC before the committee
(Annexure-5) . The contents of the said letter are as follows:-
a. In the said letter, Steering and Moderation
Committees have been constituted as per the guidelines of
UGC. K-SET examination is conducted under the
supervision of these two committees. The cut off marks and
result was presented before these two committees before
declaration. The result was announced after the approval of
both the committees. There was no interference from K-SET
Chairman and Member Secretary.
b. During the 2017 K-SET examination, the
Implementation Committee was formed as the K-SET Center
was not under CCTV surveillance during that time. As the
said examination process of scanning and announcement of

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result took a long 7 months in 2018 K-SET examination the
chairman decided to install CCTV in the K-SET center, and a
total of 6 CCTVs were installed. The CCTV near the strong
room operates 365 days a year. Since the whole K-SET
Center is under CCTV surveillance, it has been decided that
there is no need for an Implementation Committee.
c. No decision was taken in the University Syndicate
meeting to dispose of OMR sheets within 3 months. K-SET
Center keeps OMR sheets in storage for 6 months to 1 year.
Due to lack of space in K-SET Center and with a view to
facilitate further examination, and after obtaining the orders
of Registrar, the OMR Sheets were destroyed to make
convenient for upcoming examinations.
d. Strong rooms where OMR sheets are stored are
under CCTV surveillance for 365 days and all arrivals and
departures from Strong room are recorded. Only during the
process of OMR sheet scanning, we will open the strong
room and each and every exit will be recorded. But the
KSET staff could not submit even one footage of the
CCTV installed in KSET center and also the logbook of
entry and exit in the strong room wasn’t produced
before the committee.
e. The University has conducted the K-SET
examination impartially and transparently since 2011 till date.
The committee noted that it has been informed that no
complaints from any student or public were received in this
regard.

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10. Later the Committee reviewed the report
submitted to the Government by the University of Mysore in
the letter No. MYVV/KSET/2022/33-05 dated 06-07-2022
regarding the K-SET examination malpractices:-

a. In the letter of 2018, it was stated that a total of 09
K-SET examinations were conducted from 2011 to 2020, but
as the K-SET staff expressed confusion about the number of
K-SET examinations conducted, the committee instructed
the Registrar to verify this. The registrar has verified this and
has submitted that the number of examinations conducted by
KSET are Nine only as there was no exam held in 2019.
b. As per UGC K-SET Guideline 4.0, the Government
shall nominate the Chairman of the Steering Committee/
Moderation Committee. When asked about any order or
letter received from the Government in this regard, the K-
SET staff said that they do not have any information in this
regard.
c. Among the 3 sets of question papers prepared for
finalizing the question paper for K-SET, one set will be
selected by the Chairman in the presence of the other
members of the Steering Committee and sent for printing.
However, the K-SET staff informed that this action was not
taken before the next Steering Committee for confirmation.
The Committee has noticed that there was no mention of this
even in the proceedings of the Steering Committee of K-
SET-2020 dated 27-01-2020 and 07-01-2021 (Annexure-6).
Hence it is observed that the procedures as per the rules
were not followed by the officers of the University.

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d. For each examination, UGC has assigned observer
to 11 nodal centers and Mysore University has also assigned
observer to 11 nodal centers. When enquired about the
report of the observer, it has been stated by the KSET staff
that, UGC observers directly submit their report to the UGC.
However, copies of the report issued by the University
observers were brought to the notice of the Committee.
Further, a report issued by a UGC observer was also brought
to the notice of the Committee and the Committee observed
that no negative clause was mentioned in the said report
(Annexure-7).

Prof. R. Shivappa, the former Registrar, was called for
investigation and he gave the following statements:-
1. The Implementation Committee was not formed
during 2020 K-SET examination. He has participated only in
3 to 4 Steering Committees during his tenure and the whole
responsibility of KSET used to rest with VC and KSET
Coordinator.
2. In circular dated: 24-2-1997 issued by University of
Mysore there are directions to store OMR sheets for one
year. However, the former Registrar made the following
statement that the disposal of the OMR sheets of 2020 K-
SET within 10 months and the OMR sheets of 2021 K-SET
within 6 months was done as per the orders of the Vice-
Chancellor. Further he has stated that proposal regarding
disposal of OMR sheets in 2020 and 2021 were not
presented before the Syndicate committee as he was the
member Secretary of the Syndicate.

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3. As per the complaint no CCTV footages are
available of the Entry and Exit of the strong room where
OMR Sheets were stored. Regarding the complaint, the
Previous Registrar has given a statement that the CCTV
footage maintenance in KSET center was not under the
purview of the Registrar but it was maintained by the K-SET
Coordinator only.
4. As per UGC K-SET Guidelines 4.0, the
Government shall nominate the Chairman of the Steering
Committee. When asked about any order or letter received
from the Government in this regard, previous Registrar has
stated that there is no information regarding correspondence
made with the Government regarding this.
5. Not aware of the report of observers, deputed by
UGC to the K-SET 11 nodal centers.
6. K-SET Exam question paper selection was not
brought before the Steering Committee. Only K-SET
Coordinator and Vice-Chancellor have taken action in this
regard.
7. Maintenance of all strong room and OMR sheets
regarding KSET is done by K-SET Coordinator only. There is
no role of Registrar.
8. No investigation / Inquiry has been undertaken in
the University regarding the complaint of Hon'ble Lok Sabha
member. Only complaint wise report is submitted and the
report is jointly signed by K-SET Coordinator and Registrar.
9. Regarding the complaint that from 2019 till date in
K-SET except the K-SET Coordinator all the other staffs are
working on temporary basis, when enquired regarding the

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employment of the temporary employees and these
employees cannot be held responsible for any subject, the
previous registrar justified that as the University has shortage
of Permanent staff, appointment of Temporary Group-C
employees have been made and they are working in K-SET
on contract basis. As these employees have more
knowledge of K-SET examination procedures, they have
been continued.
10. Finally, he submitted that as per his opinion, the
KSET exam has been conducted transparently in the
University of Mysore and no irregularities has happened in
the KSET.

Prof. H. Rajasekhar, Former K-SET Coordinator
and Chancellor (in-Charge) was called for investigation
and he gave the following statements:-
1. Regarding the complaint that from 2019 till date in
K-SET except the K-SET Coordinator all the other staffs are
working on temporary basis, when enquired regarding the
employment of the temporary employees and these
employees cannot be held responsible for any subject, the
then KSET Coordinator has stated that he does not have any
information regarding the proposal for appointment of any
staff. Appointment of Temporary Group-C employees have
been made and they are working in K-SET on contract basis.
As these employees have been working on temporary basis
from 2010 and they have more knowledge of K-SET
examination procedures they have been continued. All the

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responsibility of the K-SET is on the K-SET Chairman and K-
SET Coordinator.
2. On the complaint that, an Implementation
Committee was formed in 2017 and all the K-SET process
was managed by the Implementation Committee. Thereafter
from 2018 Implementation committee was not formed which
raises questions on the fair conduct of the exam. For this the
former KSET Coordinator gave the following explanation
stating that:
a. Usually results were released in 3-4 months after
the completion of the SET exam.
b. However, the Implementation Committee which
was formed in 2017 had taken 6-7 months long to declare K-
SET examination results, due to which there was a
discussion about this, the then Vice-Chancellor expressed
doubts about this and in the Syndicate Committee meeting it
was decided not to continue the Implementation Committee.
c. For this, enquiry committee questioned statement
that, only Steering committee has the power to discontinue
or cancel the Implementation committee, but how syndicate
committee took decision to discontinue the Implementation
Committee. For this, acting Vice-chancellor stated that, after
the 2017 KSET examination it was brought before the
Syndicate meeting, he was not aware of any discussion
made in the meeting and the proceedings of the Syndicate
meeting. But the committee found that there are no
Syndicate resolution or Steering Committee resolution
regarding abolition of Implementation Committee.

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3. On the complaint that, as per circular dated: 24-2-
1997 of University of Mysore, the OMR sheets are supposed
to be stored for minimum one year. But OMR sheets of K-
SET 2020 were disposed within about 10 months and OMR
sheets of KSET 2021 within about 6 months. For this the
then KSET Coordinator gave the following explanation
stating that, there was lack of space in strong room. More
than 10 committees were working to prepare question
papers for KSET examination. In order to facilitate the space
for the committee for preparation of question papers of KSET
examination, the OMR sheets were disposed of as per the
orders of the previous Registrar. In response to this, Inquiry
committee informed that, the previous Registrar had stated
that, as per the direction of Vice-Chancellor of University,
OMR Sheets were destroyed. For this statement, former
KSET Co-ordinator informed to committee that, the decision
was taken administratively, he was not aware of this . But as
per Section 4.0 of UGC Guidelines on SET it is clearly
mentioned that the Member Secretary of the Steering
and moderation committee will be the custodian of all
Documents / data.
4. On the complaint that, the CCTV footages of Entry
and Exit of Strong room where OMR sheets stored are not
maintained. As the Strong room is managed by Chairman
and K-SET coordinator and by Steering committee members
only. The enquiry committee member asked then KSET
Coordinator that if the CCTV footages will be made available
regarding storage of the OMR sheets, Scanning of OMR
sheets and the announcement of Exams for the period 2020

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and 2021. For this Former KSET Coordinator stated that, the
old CCTV footages from 2010 till now has not been stored.
Usually the information is available for a period of 3 months.
Only if any complaints are received, then only CCTV
footages are checked and action is taken. As there were no
such complaints, attention on this was not paid so far.
Further committee inquired that, as the proceedings of the
Steering Committee was not available, the CCTV footages of
the steering committee was not maintained. For this former
KSET Co-ordinator replied that no information regarding this
was available. It is observed here that the footage of
CCTV for the Strong rooms are not maintained by the
KSET coordinator and it was his sole responsibility to
do it.
5. On the complaint that, a complaint made by the
Hon'ble Leader of Opposition Mr. Siddaramaiah, that
Sushma.V., Subject of Life Science, has answered only 14
questions in Paper-01 and only 19 questions in Paper-02,
but out of 300 marks she scored 62 in paper-01 and 118 in
paper-02, total 180 marks and qualified in the general
category. For this former KSET Co-ordinator stated that, as
the OMR sheets are Xerox copies, without examining the
original copy it would be difficult to give explanation on this.
Further he has stated that, no such complaints have been
received by any student at the K-SET. But the original OMR
sheets were destroyed by the KSET staff only.
6. He has stated that, regarding K-SET examination
question paper selection, only discussion was made in the

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Steering committee, but, the discussed information was not
mentioned in the proceedings of the Steering committee.
7. He has stated that, all rules for obtaining and
storing OMR sheets was followed. However the records
regarding this were not available from 2020.
8. Information was sought from the Former KSET Co-
ordinator regarding the report given by the invigilators who
have been deputed by the UGC to K-SET examination nodal
centers. For which, he has given explanation stating that the
invigilators deputed by UGC has submitted their report
directly to the UGC in a sealed cover. Only if there are any
adverse remarks then only report will be sent to the
University. So far no such adverse remarks have been
received from the UGC. Further there is appreciation of the
K-SET Examination.
9. Lastly, former KSET Co-ordinator stated that, the
KSET examination was conducted with integrity and honesty
and so far no complaints have been received regarding the
KSET examination. Only to bring bad name to the University
such complaints are being made. No student has given any
written complaint and received acknowledgement. The
complaints have been given only on assumptions. As per
UGC Rules and Guidelines, the KSET examinations are
conducted and results are announced and further answers
has been given for the questionnaire of the UGC. Further he
has brought to the notice of the Committee that there is no
truth in the complaints made against them.
During this investigation, multiple telephone calls were
made to the former Vice-Chancellor to appear before the

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inquiry committee, but the former Vice-Chancellor did not
receive any calls and has not appeared before the inquiry
committee.
By taking into account of all the above factors, the
Inquiry Committee submits the following observations:

1) As per submission made by the then KSET
Coordinator it was stated that, the Implementation
Committee that was formed in 2017 took 6-7 months long to
conduct the KSET examination process and declare results,
and since there was a discussion about this, the then Vice-
Chancellor expressed doubts about this and in the Syndicate
Committee meeting it was decided not to continue the
Implementation Committee.
a. However, as per the UGC guidelines, only the
Steering Committee has the power to create and cancel the
Implementation Committee.
b. The inquiry committee instructed the Registrar,
University of Mysore to check whether the decision not to
continue the Implementation Committee took place in the
Syndicate meeting or not. But the former Registrar has
stated that there was no mention of this subject in any
Syndicate meeting.
c. It needs to be mentioned that in the letter to the
UGC, VC has stated that as the CCTVs were installed in the
KSET center and the whole KSET Center was under CCTV
surveillance, the university felt there was no need of an
Implementation committee.

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d. Regarding the approval of abolition of
Implementation committee, the KSET Coordinator or staff
were not able to produce any resolution or proceedings of
Syndicate or the Steering committee.
e. It shows that the VC and KSET coordinator have
abolished the implementation committee without following
due procedures of law.
f. Also as per the justification given by VC that CCTV
were installed and hence Implementation committee was not
required is also not valid as the KSET Coordinator or the
staff were not able to produce any footage of the CCTV or
footages of the strong room for entry or exit or any other
time. This defeats the whole purpose of installing CCTV and
hence the justification for abolishing Implementation
committee is also not prima facie valid.
2) As per submission made by the then KSET
Coordinator that, there was lack of space in strong room and
hence the OMR were destroyed.
a. As more than 10 committees were working to
prepare question papers for K-SET examination, OMR
sheets will be disposed of in order to facilitate the
preparation of question papers of K-SET examination by
providing space to the said committees, the OMR Sheets
were disposed of.
b. The file which is submitted by the KSET staff
clearly shows that the file for disposal was put up by KSET
Coordinator and it was approved by the then VC. After that
the OMR sheets were destroyed. In the whole process no

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syndicate approval or Steering committee approval was
taken.
c. The previous Registrar had stated that, as per the
direction of Vice-Chancellor of University, OMR Sheets were
disposed of.
d. Being a KSET Co-coordinator, all the
responsibilities of the KSET department are to be performed
by the K-SET Coordinator. As per Section 4.0 of UGC
Guidelines on SET it is clearly mentioned that the
Member Secretary of the Steering and moderation
committee will be the custodian of all Documents / data.
Hence The KSET coordinator is responsible for destruction
of OMR sheets and not the registrar. The VC also needs to
be responsible as he approved the destruction of OMR
sheets without following the rules.
e. The VC in his letter to the UGC has also given the
same justification of lack of space. But in a sensitive exam
like KSET, such justifications are not acceptable. The
procedures are not followed as per the law.

3) As per circular dated: 24-2-1997 of University of
Mysore, the OMR sheets are supposed to be stored for
minimum one year. The OMR sheets should be stored till the
next K-SET examination and in the meantime the OMR
sheets should be scrutinized if any complaints are received.
It was found from the statement of Former KSET Coordinator
that, the OMR sheets were disposed of only for the lack of
space in the University and disposing of the OMR sheets of
K-SET 2020 within about 10 months and OMR sheets of K-

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SET 2021 within about 6 months was a violation of the
University Circular dated: 24-2-1997 and this leads to
suspicion and also irresponsible behavior on the side of
officials.
4) As per the Statement given by the K-SET staff, no
file was submitted before the Syndicate Committee or
Steering committee for seeking orders for the disposal of
OMR sheets for the year 2020 and 2021.
5) Storage of CCTV footage installed in K-SET Center
is not maintained. And the observation room where the
CCTV footage can be viewed is also not found. This is an
administrative failure in the managing of K-SET examination.
As per standard rules, the CCTV footages should be stored
and the backup should be maintained by K-SET. No footage
backup was taken and no CCTV maintenance was done.
Serious lapses were seen in the K-SET exam section.
Hence, the allegation is found to be true. The former KSET
Coordinator, Registrar or the KSET staff were not able to
show any footage of the KSET strong room, entry or exit to
the inquiry committee. This proves that the CCTV
maintenance was not done properly and hence is a serious
procedural lapse in maintaining the Sanctity of whole KSET
exam. THE KSET Coordinator who is the nodal officer
responsible for maintaining CCTV and other security features
has not been able to answer these questions. Hence the
allegations are prima facie found to be true.
6) No log book was maintained regarding handing
over and receiving back the OMR sheets from the nodal
centers, where the K-SET examination was conducted and

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storing them in the strong room. This is a very important
procedure to check and monitor the movement of people in
the strong room where OMR sheets are kept safely. But no
records of it were produced by any of the KSET staff. This
leads to a serious violation of procedures for maintaining the
sanctity of the exam.
7) In K-SET Center, except K-SET Coordinator all
other staff were working on outsourced basis and it was
difficult to hold them directly responsible for any
irregularities/mistakes.
8) The complaint filed by Leader of opposition in
respect of the OMR sheets of Sushma.V. appears to be
prima facie true:
i. It is observed that the Xerox copy of the OMR
sheets submitted by the complainant were actually having
only 14 and 19 questions answered in paper 1 and paper 2
respectively.
ii. But the total marks she scored was 180 which is
not possible considering only 33 questions were solved by
her.
iii. The former KSET coordinator statements that
without original OMR sheets nothing can be confirmed also
is not valid as the original OMR sheets were destroyed by
them only before legally allowed period.
iv. Hence prima facie it appears there is a major
irregularity in the mark sheet of the student.
v. No proof of its incorrectness was submitted by any
of the staff of KSET or the KSET Coordinator.

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9) The previous Registrar has stated that, K-SET
Coordinator is the only one who takes action in handling and
disposal of OMR sheets and there is no role of Registrar.
However, in the letter dated 5-4-2022 to the UGC, it has
been stated that the OMR sheets were disposed of after
taking the order of the Registrar, which creates confusion.
No Syndicate approval is obtained for that also. Also as per
UGC guidelines on SET, it is the KSET coordinator or the
member secretary who is the custodian of all the documents
/ data. Hence as per the rules the whole responsibility of the
OMR sheets falls on the KSET coordinator only.
10) Dismissal of the Implementation Committee in
2017 is not conducive to transparency and CCTV footage
related to K-SET examination is not maintained, thus the
credibility of Mysore University as the K-SET examination
authority is questioned.
11) UGC K-SET Guidelines - 2018 Order No: 4.0
Although the Chairman of the Steering Committee is to be
appointed by the Government, there is no official order
regarding the appointment of the Chairman by the
Government. The then registrar has submitted that there is
no correspondence with the government regarding
appointment of Steering committee chairman with the
Government.
a. It is seen that the Vice-Chancellor of Mysore
University acted as the Chairman of the K-SET even without
any mandate.
b. The registrar is the person responsible for
coordinating with the government in these matters. Hence

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the VC and the registrar have not followed the rules
prescribed by the UGC and acted in an illegal manner.
c. THE VC without approval of the government has
become the chairman of the Steering committee.
d. This leads to violation of UGC orders and violations
of the government rules by the VC.

12) Finally, it needs to be concluded that in KSET
exams during the periods of 2020 and 2021, irregularities
have occurred and there have been violations in the
procedures established by law by the Officers of the
University while conducting the KSET exams.”

11. As can be seen from the impugned report, an enquiry
was conducted in full and total / complete violation of all principles
of natural justice in that no opportunity, much less sufficient or
reasonable opportunity was provided to the petitioner before
recording findings against him; in this regard, it is pertinent to note
that the various findings recorded against the petitioner in the
impugned enquiry report is sufficient to come to the conclusion that
the same would visit the petitioner with serious civil consequences
including virtually rendering him ineligible to apply to the post of the
VC of a University; in fact, the service certificate dated 10.08.2023
nd
issued by the 2 respondent – University in favour of the petitioner

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states that no vigilance or disciplinary enquiry proceedings are
contemplated or pending against the petitioner; having said so, the
said service certificate imposes a condition and states that an
inspection committee had submitted the impugned enquiry report
dated 17.01.2023 which clearly indicates that the said service
certificate was detrimental / prejudicial to the interest of the
petitioner and would affect his eligibility to apply to the post of VC
of a University and consequently, the impugned Enquiry report
deserves to be quashed on this ground also.

st
12. The 1 respondent has attempted to contend that the
impugned enquiry report was merely a preliminary investigation
report and not an enquiry as contemplated under Section 14(8) of
the said Act of 2000 and as such, the present petition was
premature; the said contention is wholly misconceived and
untenable, inasmuch as a perusal of the impugned enquiry report
will clearly indicate that the findings recorded against the petitioner
are clearly detrimental / prejudicial to his interest and would
virtually render himself ineligible to apply for the post of a VC, since
the same visited the petitioner with serious civil consequences and

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st
as such, the said contention urged by the 1 respondent cannot be
accepted.

13. A perusal of the statement of objections will indicate that
st
the 1 respondent is attempting to wriggle out of the illegal and
arbitrary enquiry report by stating that it was only a preliminary
investigation conducted by the committee and not an enquiry under
Section 14(8) of the said Act of 2000; this contention urged by the
st
1 respondent is equally untenable and baseless in the light of the
material on record which clearly establishes that the very
rd
constitution of the 3 respondent – Committee is illegal and without
jurisdiction or authority of law and the enquiry was conducted in an
extremely hurried manner, that too on only one day i.e., on
17.01.2023 by placing reliance upon unverified material and
without issuing any show cause notice or providing any opportunity
to the petitioner before recording findings against him, thereby
indicating that the impugned enquiry report deserves to be
quashed on this ground also.

14. In view of the aforesaid facts and circumstances, I am of
the considered opinion that the impugned enquiry report is illegal,

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arbitrary and without jurisdiction or authority of law and the same
deserves to be quashed.

15. In the result, I pass the following:-
ORDER
(i) Petition is hereby allowed.
(ii) The impugned Enquiry report at Annexure-A / Annexure-
rd
R3 submitted by the 3 respondent – Enquiry Committee is hereby
quashed.
nd
(iii) The 2 respondent – University is directed to issue a
service certificate to the petitioner stating that no vigilance or
disciplinary enquiry proceedings were held or were pending or
contemplated against the petitioner within a period of four weeks
from the date of receipt of a copy of this order.

Sd/-
(S.R.KRISHNA KUMAR)
JUDGE





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