IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.28248 OF 2019 (EDN-RES) Between:
Smt.Eramma.N W/o Naveen Kumar C.R, Aged about 38 years, Research Scholar, R/o Hospital Road, Gandhi Nagara, Mayakonda – 577 534.
Davanagere Taluk & District.
(By Sri. Onkara K.B, Advocate-Absent) And:
1. The Registrar Davanagere University Shivagangothri, Davanagere – 577 007.
2. Dr.Gayathri Devaraja Research Supervisor DOS in Microbiology, Davanagere University Shivagangothri, Davanagere – 577 007 …Petitioner ...Respondents This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to quash or set aside the show cause notice dated 04.05.2019 issued by respondent No.1 as per Annexure - Q and etc., This Writ Petition is coming on for Preliminary hearing, this day, the Court made the following:-
ORDER Matter called twice. None appears for the petitioner.
The Petitioner has prayed for the following reliefs:
1. “ISSUE, an appropriate writ, order or direction in the nature of certiorari quashing or setting aside the Show Cause notice bearing No.DaViVi/Shai/Ph.D/324/2018-19/417 dated 04.05.2019 issued by the 1st respondent as per Annexure-Q in the interest of justice and equity.
2. ISSUE, an appropriate writ, order or direction in the nature of mandamus directing the 1st respondent to consider the representation submitted by the petitioner to the 1st respondent on 20.03.2019 as per Annexure-P in the interest of justice and equity.
3. GRANT such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case including an order as to costs in the interest of justice and equity.”
2. Question of interference in respect of show cause notice dated 04.05.2019 passed by 1st respondent (Annexure-Q) is not maintainable in view of the fact that the petitioner has already submitted her explanation vide Annexure – P dated 20.03.2019. Relating to certain clarification and materials sought by the university, the petitioner had submitted the clarification in terms of show cause notice on 13.05.2019. Therefore, what remains in the matter is university-respondent has to take a decision in the matter. Concerned respondent are hereby directed to take a decision and communicate to the petitioner within one month from the date of receipt of certified copy of this order.
Accordingly, the petition stands disposed of.
Sd/- JUDGE UN