IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50746/2019(GM-RES) 1 . DR. K. VENKATA REDDY S/O LATE SRI G. P. VENKATASHAMAPPA, AGED ABOUT 66 YEARS, R/AT HOUSE NO.345, SRINIDHI NILAYA, DUO-MARVEL, ANANTHAPURA VILLAGE ROAD, YELAHANKA SATELLITE TOWN, BENGALURU-560064.
2 . SRI T. MUKUNDA VARMA S/O SRI. THAGADURAIAH, R/AT HOUSE NO.105, LATE THAGADURAYYA NIVASA, SATHEGALA VILLAGE AND POST, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT-571440.
...PETITIONERS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL A/W MS. ANUSHA L, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, VETERINARY AND FISHERIES DEPARTMENT, GOVERNMENT OF KARNATAKA, DR. AMBEDKAR ROAD, VIKASA SOUDHA, BENGALURU-560001.
2 . THE UNDER SECRETARY, VETERINARY AND FISHERIES DEPARTMENT, GOVERNMENT OF KARNATAKA, DR. AMBEDKAR ROAD, VIKASA SOUDHA, BENGALURU-560001.
3 . THE REGISTRAR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY BIDAR, POST BOX NO.6, NANDINI NAGAR, BIDAR-585401.
…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR C/R1 & R2; SRI B. MAHESH, ADVOCATE FOR R3) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONERS AS MEMBERS OF THE BOARD OF MANAGEMENT OF THE RESPONDENT KARNATAKA VETERNARY, ANIMAL AND FISHERIES SCIENCE UNIVERSITY, BIDAR TILL 28.12.2020 AS PER THE NOTIFICATION DATED 29.12.2017 VIDE ANNEXURE-A AND ALSO AS PER THE ORDER DATED 26.9.2019 PASSED BY THIS HON’BLE COURT IN WRIT PETITION Nos.46200-46202/2019 VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed by the petitioners for a writ of mandamus directing the respondents-authorities to continue them as Members of the Board of Management of the respondent-Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar till 28.12.2020 as per the Notification dated 29.12.2017, Annexure-A and also as per the order dated 26.9.2019 passed by this Court in W.P.Nos.46200-202/2019, Annexure-C; and also to declare that failure to issue notice to them and in not allowing them to participate in the 89th Meeting of the Board of Management of the respondent-Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar is arbitrary, illegal and denial of right to continue as Members of the Board of Management.
2. It is the case of the petitioners that they were nominated as Members of the Board of Management under Section 27 of the Karnataka Veterinary, Animal and Fisheries Sciences University (Amendment) Act, 2014 dated 29.12.2017 by the State Government for a period of three years or until further orders. Subsequently, the State Government by the order dated 18.9.2019 cancelled the earlier notification dated 29.12.2017. Therefore, they were constrained to file writ petitions i.e., W.P.Nos.46200-202/2019 before this Court and this Court after hearing, based on the earlier order dated 26.9.2019 passed in W.P.No.46652/2019, disposed off the writ petitions in similar terms and conditions and quashed the notification dated 18.9.2019 issued by the State Government. Consequently, the petitioners were allowed to complete their tenure in terms of the Government Order dated 29.12.2017. The said order passed by this Court has reached finality.
3. The said admitted facts are not disputed by Smt. Rashmi Patel, learned High Court Government Pleader for respondent Nos.1 and 2 or by Sri B. Mahesh, learned Counsel for respondent No.3-University.
4. In view of the above Writ Petition is allowed and a writ of mandamus is issued directing the respondents to continue the petitioners as Members of the Board of Management of the respondent – Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar in terms of the Notification dated 29.12.2017 and the Order dated 26.9.2019 passed by this Court in W.P.Nos.46200-46202/2019 as per Annexures-A and C respectively.
5. The respondents are hereby directed to issue notice to the petitioners to participate in the 89th Meeting of the Board of Management of the respondent – Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar to be conducted on 18th and 19th of November, 2019 by respondent No.3-University.
6. The respondent Nos.1 and 2 - State Government and the 3rd respondents shall ensure implementation of the order passed by this Court stated supra without giving any room for contempt.
Ordered accordingly.
Sd/- Judge Nsu/-