IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NOS.30506-30523/2013 AND WRIT PETITION NO.38581/2013 (S-RES) BETWEEN:
1. Dr. H.KRISHNA RAM S/O. HANUMAPPA, AGED ABOUT 36 YEARS, POST DOCTORAL FELLOW DEPARTMENT OF STUDIES IN ZOOLOGY UNIVERSITY OF MYSORE MANASAGANGOTHRI, MYSORE-570 006.
2. Dr. MAHADEVAIAH S/O. LATE DASAIAH, AGED ABOUT 36 YEARS, R/AT ACHATTIPURA VILLAGE, YARAGANAHALLI POST OFFICE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK & DISTRICT – 571 127.
3. Dr. M.B.SRIDHARA S/O. M.G.BASAVARAJU, AGED ABOUT 32 YEARS, R/AT KEERTHI NAGARA, MALAVALLI TOWN, MANDYA DISTRICT- 571 430.
4. Dr. M.H.NIRANJAN S/O. HANUMANTHU M., AGED ABOUT 40 YEARS, C/O. MAHADEVA SWAMY, NO.L.16, 8TH CROSS, GANGOTRI QUARTERS, MANASAGANGOTRI, MYSORE - 570 006.
5. Dr. J.MAHADEVA S/O. JADEMATHAIAH, AGED ABOUT 43 YEARS, R/AT NO.1421, SUKHINIVAS, 6TH MAIN ROAD, C BLOCK, DATTAGALLI, 3RD STAGE, KANAKADAS NAGAR, MYSORE- 570 022.
6. Dr. PRAKASHA S/O. LAKSHMANA, AGED ABOUT 43 YEARS, R/AT NO.126, THRIVENI NAGAR, T.NARSIPUR, MYSORE DISTRICT – 571 124.
7. Dr. N.RAVIKUMAR S/O. S.P.NANJUNDAIAH, AGED ABOUT 42 YEARS, POST DOCTORAL FELLOW DEPARTMENT OF EARTH SCIENCE UNIVERSITY OF MYSORE MYSORE - 570 006.
8. Dr. N.MURTHY S/O. NANJUNDAIAH, AGED ABOUT 47 YEARS, POST DOCTORAL FELLOW DEPARTMENT OF SERICULTURE UNIVERSITY OF MYSORE MYSORE - 570 006.
9. Dr. CHIKKARANGASWAMY S/O. PUTTASWAMY AGED ABOUT 39 YEARS, POST DOCTORAL FELLOW (UGC) INSTITUTE OF DEVELOPMENT STUDIES UNIVERSITY OF MYSORE MANASAGANGOTHRI, MYSORE - 570 006.
10. Dr. SUNANDAMMA N., AGED ABOUT 37 YEARS, C/O. CHANDRAPPA, DOOR NO.371, THIBBADEVI NILAYA A & B BLOCK, 13TH CROSS, NAVILU ROAD, KUVEMPU NAGAR, MYSORE.
11. Dr. MANJUNATH S., S/O. SIDDAIAH, AGED ABOUT 34 YEARS, R/AT NO.321, DARSHAN NILAYA, BOGADI VILLAGE, MYSORE - 570 026.
12. Dr. K.NAGANNA S/O. KEMPAIAH, AGED ABOUT 39 YEARS, R/AT NO.705, 2ND CROSS, BOGADI 2ND STAGE (SOUTH) MYSORE.
13. Dr. S.MAHADEVA S/O. SIDDAIAH, AGED ABOUT 36 YEARS, POST DOCTORAL FELLOW DEPARTMENT OF STUDIES IN ANTHROPOLOGY UNIVERSITY OF MYSORE MANASAGANGOTHRI, MYSORE - 570 006.
14. Dr. OINAM RONIBALA DEVI W/O. PAVAN B.P., AGED ABOUT 35 YEARS, POST DOCTORAL FELLOW DEPARTMENT OF STUDIES IN ANTHROPOLOGY UNIVERSITY OF MYSORE MANASAGANGOTHRI MYSORE - 570 006.
15. Dr. V.N.MAHADEVAIAH S/O. NINGAIAH, AGED ABOUT 38 YEARS, R/AT VADAGERE VILLAGE, GOWDAHALLI POST, YELANDUR TALUK, CHAMARAJANAGARA DISTRICT - 571 441.
16. Dr. SRINIVASA S/O. LAKSHMANA, AGED ABOUT 39 YEARS, R/AT NO.126, THRIVENI NAGAR T. NARSIPUR, MYSORE DISTRICT-571 124.
17. Dr. D.MAHESHA S/O. LAKSHMANA, AGED ABOUT 40 YEARS, POST DOCTORAL FELLOW DEPARTMENT OF STUDIES IN GEOGRAPHY UNIVERSITY OF MYSORE, MANASAGANGOTHRI, MYSORE - 570 006.
18. Dr. CHINNAIAH S/O. VENKATANAYAKA, AGED ABOUT 46 YEARS, C/O. GOPALANAIKA, NO.785, 8TH MAIN, 16TH CROSS, B BLOCK, 3RD STAGE, VIJAYA NAGAR, MYSORE.
19. DR. N. RAJASHEKAR S/O V. NANJAIAH AGED ABOUT 38 YEARS NO.40, NANJUNDESHWARA NILAYA 1ST STAGE, 7TH MAIN ROAD BRINDAVAN EXTENSION MYSORE – 570 020.
... PETITIONERS (BY SRI VEDACHALA M.V., ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING BANGALORE – 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE UNION OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT, COMMUNICATIONS AND INFORMATION TECHNOLOGY, SHASTRI BHAVAN, NEW DELHI - 110 115. REPRESENTED BY ITS SECRETARY 3. UNIVERSITY GRANTS COMMISSION NO.35, BHADURSHA ZAFAR MARG, NEW DELHI-110 001. REPRESENTED BY ITS SECRETARY 4. THE REGISTRAR MYSORE UNIVERSITY, CRAWFORD HALL, MYSORE-570 005.
REPRESENTED BY ITS REGISTRAR 5. BANGALORE UNIVERSITY JNANA BHARTI BANGALORE – 560 056 REPRESENTED BY ITS REGISTRAR 6. MANGALORE UNIVERSITY MANGALAGANGOTHRI, MANGALORE- 574 199. REPRESENTED BY ITS REGISTRAR 7. KUVEMPU UNIVERSITY GNANA SAHYADRI, SHIMOGA-577 451.
REPRESENTED BY ITS REGISTRAR 8. GULBARGA UNIVERSITY JNANA GANGA, GULBARGA-585106 REPRESENTED BY ITS REGISTRAR 9. KARNATAKA UNIVERSITY PAVATE NAGAR, DHARWAD-580 003.
REPRESENTED BY ITS REGISTRAR 10. TUMKUR UNIVERSITY 1ST FLOOR, Dr. B.R.AMBEDKAR BHAVAN, M.G.ROAD, TUMKUR-572 101.
REPRESENTED BY ITS REGISTRAR 11. DAVANAGERE UNIVERSITY SHIVAGANGOTHRI, DAVANAGERE, KARNATAKA-577 002.
REPRESENTED BY ITS REGISTRAR 12. KARNATAKA STATE OPEN UNIVERSITY MANASAGANGOTRI, MYSORE-570 006.
REPRESENTED BY ITS REGISTRAR 13. KARNATAKA STATE WOMEN UNIVERSITY BIJAPUR, KARNATAKA - 586 101. REPRESENTED BY ITS REGISTRAR 14. KARNATAKA UNIVERSITY VIDYARANYA, HOSPET TALUK, HAMPI KARNATAKA-586 101. REPRESENTED BY ITS REGISTRAR 15. KARNATAKA VETERINARY, ANIMAL AND FISHERIES SCIENCE UNIVERSITY NANDINAGAR P.B.NO.6, BIDAR - 585 401. REPRESENTED BY ITS REGISTRAR 16. UNIVERSITY OF AGRICULTURAL SCIENCES GKVK CAMPUS, BANGALORE-560 024. REPRESENTED BY ITS REGISTRAR 17. UNIVERSITY OF AGRICULTURAL SCIENCES KRISHI NAGAR, DHARWAD-580 005. REPRESENTED BY ITS REGISTRAR 18. RANI CHANNAMMA UNIVERSITY VIDYASANGAMA, NO.G-4, P.B.HIGHWAY, BELAGAVI-591 156. REPRESENTED BY ITS REGISTRAR 19. VIJAYANAGARA SRI KRISHNADEVARAYA UNIVERSITY JNAN SAGARA CAMPUS, VINAYAKA NAGAR, CONTONMENT, BELLARY-583 104.
REPRESENTED BY ITS REGISTRAR 20. KARNATAKA SANSKRIT UNIVERSITY SRI CHAMARAJENDRA SANSKRIT COLLEGE CAMPUS, PAMPA MAHAKAVI ROAD, CHAMARAJAPET, BANGALORE-560 018.
REPRESENTED BY ITS REGISTRAR ... RESPONDENTS (BY SRI M.A. SUBRAMANI, HCGP FOR R1 SRI SHOWRI, ADV. FOR R3 SMT. K.S. ANASUYADEVI, ADV. FOR R4 SRI B. PRAMOD, ADV. FOR R5 SRI M.I. ARUN, ADV. FOR R6 SRI T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R9 SRI V.B. GANACHARI, ADV. FOR R11 SRI P.N. MANMOHAN, ADV. FOR R12 SRI S.K. ACHARYA, ADV. FOR R13 SRI H.N. SHASHIDHARA, FOR KESVY & CO., ADV. FOR R15 SRI B.V. PUTTEGOWDA, ADV. FOR R16 SRI K.G. NAYAK, ADV. FOR R17 SRI C. VENKATESH, ADV. FOR R20;
R2, R7, R14, R18 & R19 SERVED BUT UNREPRESENTED; NOTICE TO R8 D/W V/C/O DTD: 15.02.2017 NOTICE TO R10 HELD SUFFICIENT V/C/O DTD: 23.02.2017) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO IDENTIFY THE BACKLOG VACANCIES IN RESPECT OF VARIOUS POST IN THEIR RESPECTIVE UNIVERSITIES AND TAKE STEPS IMMEDIATELY TO FILL UP THE SAME IN ACCORDANCE WITH LAW AND RECRUITMENT RULES, WITH DUE CONSIDERATION AND PRIORITIES TO POST DOCTORAL FELLOWS.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These petitions were filed asking for a mandamus against the respondents to identify the backlog vacancies in respect of various posts i.e., in the respective respondents - Universities and take immediate steps to fill the same.
2. The petitioners are working as Post Doctoral Fellows (PDF/UGC) in various departments of University of Mysuru. The petitioners claim that they belong to Schedule Caste and Schedule Tribe communities. The grievance of the petitioners is that despite the communication of the Ministry of Human Resource Development vide Annexure–B and the communication of University Grants commission as at Annexure–C, the respondent Nos.4 to 20 did not take steps to clear the backlog of the reserved vacancies by undertaking the special recruitment drive. The petitioners contend that they have studied more than 10 years in the respective subjects and completed Post Doctoral Fellowship and if the recruitment, as was directed vide Annexures – B and C is undertaken, they being highly qualified in their respective fields, would be able to get selected and render service.
3. Learned advocate for the petitioners submitted that there being inaction on the part of respondent Nos.4 to 20, these petitions may be allowed and a direction issued to them, to undertake the special recruitment drive and complete the recruitment process in a time bound manner.
4. Learned HCGP submitted that the State Government has no objection for respondent Nos.4 to 20 to identify the backlog vacancies, particularly in the reserved categories and immediately undertake the recruitment process.
5. Learned advocates appearing for respondent Nos.4 to 20 also submitted that the respective Universities would undertake the exercise of identifying backlog vacancies and the consequential recruitment process within a reasonable period. Submissions stand recorded.
6. As there is no dispute that the special recruitment drive was not undertaken pursuant to the communications as at Annexures –B and C and there being no dispute that there are backlog vacancies, particularly in the reserved categories, it is just and necessary that the respective Universities undertake the recruitment drive with expedition.
In the result, writ petitions are disposed of, directing respondent Nos.4 to 20, to identify the backlog vacancies in all the departments, within a period of three months from the date a copy of this order becomes available. The recruitment process shall also be undertaken and completed with as much expedition as is possible.
Ordered accordingly.
Sd/- JUDGE ca