IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL No.1666 OF 2016 AND WRIT APPEAL Nos.3492-3494 OF 2016 AND WRIT APPEAL Nos.3495-3497 OF 2016 (S) BETWEEN KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI, 14TH CROSS, II STAGE, OPP. ST. JOSEPH’S SCHOOL, MYSURU-570 006.
NOW REPRESENTED BY ITS REGISTRAR ... APPELLANT (BY SRI. T P RAJENDRA KUMAR SUNGAY, ADVOCATE) AND 1. NANDISH L.M.
SON OF MALLESHAPPA AGED ABOUT 31 YEARS, RESIDING AT NO.234, 6TH MAIN, RPC LAYOUT, VIJAYANAGARA, BENGALURU-560 040.
2. RAHUL SON OF JAYASHANKAR AGED ABOUT 25 YEARS, RESIDING AT JANATA COLONY, SANTE MARAHALLI, CHAMARAJA NAGARA TALUK AND DISTRICT.
3. SHARADHA DAUGHTER OF MALIYAPPA AGED ABOUT 27 YEARS, RESIDING AT NO.584, 7TH MAIN, OPPOSITE GANDHI PARK, VIJAYANAGARA, BENGALURU-560 040.
4. SHIVANANDA SON OF MARUTHI AGED ABOUT 25 YEARS, RESIDING AT SUBANNA GARDEN, 7TH CROSS, VIJAYANAGARA, BENGALURU-560 040.
5. MANOHARA SON OF BASAVARAJU AGED ABOUT 26 YEARS, RESIDING AT NO.14, 10TH BLOCK, ANANDA RAO CIRCLE POLICE QUARTERS, GANDHINAGARA, BENGALURU-560 009.
6. HANUMANTHAPPA SON OF PAMPANNA, AGED ABOUT 30 YEARS, RESIDING AT QUARTERS NO.50, KAMMAGONDANAHALLI, FOREST QUARTERS, JALAHALLI EAST, BENGALURU-560 013.
7. MADEVAPPA SON OF MALLAIAH BAGLI, AGED ABOUT 26 YEARS, RESIDING AT SUBBANNA GARDEN, 7TH CROSS, VIJAYANAGARA BENGALURU-560 040.
8. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC INSTRUCTION, VIKASA SOUDHA, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY 9. THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION (KPSC), UDYOGA SOUDHA, BENGALURU-560 001.
10. THE UNIVERSITY GRANTS COMMISSION DEPARTMENT OF HUMAN RESOURCES, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002. REPRESENTED BY ITS REGISTRAR ... RESPONDENTS (BY SRI. REUBEN JACOB FOR R9 SRI. LAXMINARAYAN, AGA NOTICE TO RESPONDENT Nos.8, 2 AND 6 ARE SERVED NOTICE TO RESPONDENT Nos.1, 3 TO 5 AND 7 DISPENSED WITH, VIDE ORDER DATED 14/11/2017 ) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 39437-441/2015 AND 39840-841/2015 DATED 15/9/2015.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 15.09.2015 passed by the learned Single Judge in Writ Petition Nos.39437-39441 of 2015 and Writ Petition Nos.39840 – 39841 of 2015, by which the petitions were dismissed, respondent No.4 therein has filed this appeal.
2. However, what is being contended in these appeals is with respect to paragraph 9 of the impugned order passed by the learned Single Judge, wherein it is narrated that “if the writ petitioners are of the opinion that they have been cheated by the University, they are certainly free to pursue their legal remedies against the University.” Therefore, it is pleaded that when the appellant was not issued notice in the instant writ petitions, such an observation could not be made.
3. On hearing learned counsels, we do not find any merit in these appeals. Firstly, the fact that what is sought for in the appeals is to allow the writ petitions. However, what is contended is with respect to the observation made at paragraph 9 of the impugned order. The observations made by the learned Single Judge at paragraph 9 is in accordance with law. No liberty can be granted by the Court to the writ petitioners, if they are not authorized in law. If in law they are authorized to prosecute, they would be entitled to do so. Such a right is conferred by the statute and not by the impugned order passed by the learned Single Judge at paragraph 9.
4. Therefore, we do not find any good ground to interfere with the order of the learned Single Judge. Writ appeals are dismissed.
5. Consequently I.A.No.3 of 2016 filed for condoning the delay and I.A.No.4 of 2016 filed for production of additional documents are dismissed.
6. Learned Government Advocate for respondent No.8 is permitted to file memo of appearance within four weeks.
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JUDGE JUDGE NG* CT:bms