IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.593 OF 2018 (S-RES) BETWEEN:
DR. MERVIN A. HERBERT S/O C.F.HERBERT AGED 53 YEARS WORKING AS ASSISTANT PROFESSOR DEPT. OF MECHANICAL ENGINEERING NITK, SURATKAL – 575 025 AND RESIDING AT FLAT NO.204 MARIAN PROMENADE, KADRI-KAMBLA ROAD KADRI, MANGALORE – 575 004 (BY SRI.NARAYANA BHAT M, ADVOCATE) AND:
1. UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF HUMAN RESOURCES & DEVELOPMENT (HIGHER EDUCATION) SHASTRI BHAVAN DR.RAJENDRA PRASAD ROAD NEW DELHI – 110 001 2. THE NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA SRINIVASA NAGAR, SURATKAL – 575 025 MANGALORE, DAKSHINA KANNADA REP. BY ITS REGISTRAR ... APPELLANT 3. THE DIRECTOR THE NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA SRINIVASA NAGAR SURATKAL – 575 025 MANGALORE, DAKSHINA KANNADA ---
... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 27.11.2017 MADE IN W.P.NO.52935/2017 BY GRANTING ALL THE PRAYERS MADE IN THE WRIT PETITION.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT After arguing the matter for sometime, Shri Narayana Bhat M., learned advocate appearing for the appellant submits that he is aggrieved by non-constitution of the Selection Committee in accordance with Statute 23 of the First Statutes of the National Institutes of Technology and he has filed the writ petition, which came to be dismissed.
2. Learned advocate for the appellant seeks leave to withdraw this writ appeal with liberty to approach this Court in the event if he desires to challenge after participation in the selection process. Accordingly, he has filed a memo.
3. Memo is placed on record. This writ appeal is disposed of with liberty as prayed for in the memo.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB