IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.9757 – 9759/2019 (EDN – RES) BETWEEN:
1. M.SOMASHEKARAPPA S/O MAHESHWARAPPA AGED ABOUT 54 YEARS, OCCUPATION: ASSISTANT PROFESSOR R.L. LAW COLLEGE, DAVANAGERE R/AT: NO.2246, BAPUJI VIDYANAGAR, DAVANAGERE-577 005.
2. K.S.KARIYANNA S/O SIDDARAMAPPA K., AGED 35 YEARS OCCUPATION: ASSISTANT PROFESSOR, SARASWATHI LAW COLLEGE, CHITRADURGA, R/AT KRISHNAPUR, DHARMAPURA POST HIRIYUR TALUK, CHITRADURGA-577546.
3. H.S.HEMANTH KUMAR S/O H.B.SRINIVAS GOWDA AGED ABOUT 40 YEARS OCCUPATION:
ASSISTANT PROFESSOR M.KRISHNA LAW COLLEGE, HASSAN, R/AT NO.1551, 1ST MAIN, III CROSS, OPP. SANJIVINI HOSPITAL, SARASWATHI PURAM, HASSAN-573201. ... PETITIONERS [BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADV.] AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION VIDHANA SOUDHA, BENGALURU-560 001.
2. KARNATAKA STATE OPEN UNIVERSITY DEAPARTMENT OF STUDIES AND RESEARCH IN LAW, MUKTHAGANGOTRI, MYSURU-570 006, REP. BY ITS REGISTRAR (EVALUATION) …RESPONDENTS [BY SMT.PRAMOHINI KISHAN, AGA FOR R-1;
SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R-2.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE KARNATAKA STATE OPEN UNIVERSITY, MYSURU, THE R-2 TO CONSIDER THE REPRESENTATION DATED 20.08.2018 SUBMITTED BY THE PETITIOENRS VIDE ANNEXURE-F, ACCEPT THE THESIS SUBMITTED BY THE PETITIONERS AND TO CALL THEM FOR VIVA-VOCE AND THEREAFTER TO TAKE APPROPRIATE STEPS TO CONFER PH.D DEGREE IN FAVOUR OF THE PETITIONERS.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the parties.
2. The petitioners are claiming to be the Professors in Law who have got registered themselves with respondent No.2 – University to pursue their Ph.D degree in Law as long back in the year 2010. It is the grievance of the petitioners that despite the proceedings of the meeting held on 17.10.2014 by the Doctoral Committee, no steps have been taken to confer the Ph.D degree in favour of the petitioners herein.
3. The learned counsel for respondent No.2 – University submits that the Karnataka State Open University had no Regulations till 2012 insofar as conferring of Ph.D program. In view of the same, the decision has to be taken by the Doctoral Committee and the same is under process.
4. The submissions made by the learned counsel for respondent No.2 – University indicates that the petitioners though registered themselves with respondent No.2 – University, are required to await the decision to be taken by the Doctoral Committee for conferring of Ph.D degree in their favour. It is needles to observe that even in the absence of any regulations relating to the Ph. D program, it was incumbent on the Doctoral Committee to take a decision in the matter in an expedite manner keeping in mind the valuable time invested by the petitioners – Professors in Law. Any such decision cannot be deferred with uncertainty. Within a reasonable time, the competent committee has to take an appropriate decision in the matter. It is apparent that the representation dated 20.08.2018 submitted by the petitioners at Annexure – F is also remained unconsidered, which constrained the petitioners to approach this Court.
5. In the circumstances, this Court deems it appropriate to direct respondent No.2 - University to consider the representation dated 20.08.2018 submitted by the petitioners and take an appropriate decision to confer Ph. D Degree in favour of the petitioners in an expedite manner, in any event, not later than four months from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, these writ petitions stand disposed of.
Sd/- JUDGE PMR