IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52116/2017 (EDN – RES) BETWEEN:
NUTHAN KUMAR.D., D/O DYAMAIAH.D HINDU, AGED ABOUT 34 YEARS OPP. TO GOVERNMENT DEGREE COLLEGE VIJAYANAGARA EXTENSION, HOSAMANE BHADRAVATHI-577301 SHIVAMOGGA. …PETITIONER (BY SRI A.V.SRINIVAS, ADV.) AND:
1. STATE BY CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001.
2. PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION [HIGHER EDUCATION] M.S. BUILDING, DR. AMBEDKAR ROAD BANGALORE-560001.
3. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD ‘PARSARA BHAVAN’ No.49, 1ST AND 5TH FLOOR CHURCH STREET, BANGALORE-560001.
4. KUVEMPU UNIVERSITY JNANA SAHYADRI SHANKARA GHATTA-577451 SHIVAMOGGA DISTRICT BY ITS REGISTRAR.
5. KARNATAKA STATE HIGHER EDUCATION COUNCIL INSTITUTE OF PRINTING TECHNOLOGY BUILDING FIRST FLOOR, PALACE ROAD BANGALORE-560001. …RESPONDENTS (BY SMT PRAMODHINI KISHAN, AGA FOR R-1, R-2 & R-5; SRI GURURAJ JOSH, ADV. FOR R-3;
SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT No.1 TO OBEY IN WORDS AND SPIRIT, THE JUDGMENT OF THIS HON’BLE COURT PASSED IN W.P.NO.49608/2012 DATED 13.12.2012 [ANNEXURE-J] WITHIN SUCH TIME THIS HON’BLE COURT PLEASED TO STIPULATE; AND ETC., THIS PETITION 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 petitioner has sought for a writ of mandamus directing the respondent No.1 to consider the judgment of this Court in W.P.No.49608/2012 dated 13.12.2012 and to implement the same within a time frame and for other consequential reliefs.
3. The petitioner is claiming to be the holder of Master degree in Water Management and Water Harvesting (Environmental Science) from the respondent No.4 – the Kuvempu University. It is the contention of the petitioner that he has done Master degree from the department of Environmental Science but the marks card shows the Master degree of only Water Management and Water Harvesting.
4. It is contended that the similarly placed persons had earlier approached the respondent authorities submitting a representation to treat their master degree in Water Management and Water Harvesting equivalent to the master degree in Environmental Science. However, the same not being responded to, they had approached this Court in W.P.No.49608/2012 and connected matters and the same was allowed by this Court on 13.12.2012 observing that the grievance of the petitioners are genuine and directed the respondent authorities to consider their representation within a time frame but the same has not been done till today. It is further submitted that similarly in W.P.No.40522/2010 and allied matters, this Court has considered the issue relating to the M.Sc. Degree held by the candidates seeking for implementation in Government Colleges for the post of Lecturer in Chemistry wherein it has been held that all the Branches of Chemistry would be considered for the post of Lecturer in Chemistry. If so, the petitioner is also entitled to the similar relief. It is the grievance of the petitioner that his request to consider the master degree in Water and Management and Water Harvesting equivalent to the Environmental Science has remained un-considered and he is deprived of several opportunities of employment owing to the lackadaisical attitude of the respondent authorities.
5. Considering the totality of circumstances of the case, this Court is of the considered opinion that it would be appropriate to direct the petitioner to submit a fresh representation to the respondent No.5 to address his grievance in accordance with law. Without going to the merits or demerits of the case, it is apt to observe that If such representation is filed by the petitioner within a period of two weeks from the date of receipt of the certified copy of the order, the same shall be considered by the respondent authorities in accordance with law after providing an opportunity of hearing to the petitioner, in an expedite manner, in any event not less than eight weeks from the date of receipt of the representation of the petitioner.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE NC.