IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50744/2019 (GM-RES) 1 . SRI K. C. SHANKARE GOWDA S/O CHIKKAMUNE GOWDA AGED ABOUT 53 YEARS, R/AT KURUBOOR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT PIN-563 125.
2 . SRI B. SRIHARSHA, S/O RAMULU, AGED ABOUT 52 YEARS, R/AT BABURAMADEVA TEMPLE ROAD VENKATESHWARA NAGARA, SINDANOOR RAICHUR-584101 ...PETITIONERS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL A/W MS. ANUSHA L., ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, VETERINARY AND FISHERIES DEPARTMENT, GOVERNMENT OF KARNATAKA DR. AMBEDKAR ROAD, VIKASA SOUDHA BENGALURU-560 001.
2 . THE ADDITIONAL SECRETARY VETERINARY AND FISHERIES DEPARTMENT GOVERNMENT OF KARNATAKA DR. AMBEDKAR ROAD, VIKASA SOUDHA BENGALURU-560 001 3 . THE UNDER SECRETARY VETERINARY AND FISHERIES DEPARTMENT GOVERNMENT OF KARNATAKA DR. AMBEDKAR ROAD, VIKASA SOUDHA BENGALURU-560 001 4 . THE REGISTRAR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY.
BIDAR-585 401. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 TO R3; SRI B. MAHESH, ADVOCATE FOR R4) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE REGISTRAR TO ISSUE A NOTICE TO THE PETITIONER Nos.1 AND 2 IN ANY OF THE BOARD MEETINGS TILL 28.11.2020 AND 25.12.2021 RESPECTIVELY, AS PER THE ORDER PASSED BY THIS HON’BLE COURT IN W.P. No.5353/2016 AS PER ANNEXURE-B AND ALSO AS PER THE ORDERS PASSED BY THIS HON’BLE COURT IN WRIT PETITION No. 46652 OF 2019 AS OER ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed by the petitioners for a writ of mandamus directing the respondent No.4-
Registrar of the Karnataka Veterinary Animal and Fisheries Sciences University to issue notice to the petitioners in any of the Board Meetings till 28.11.2010 and 25.12.2012 respectively as per the order passed by this Court in W.P.No.5353/2016 as per Annexure-B and also in W.P.No.46652/2019 as per Annexure-E; issue a writ of mandamus directing the respondents to permit them to participate in the meeting scheduled on 19.11.2019 at 10.30 a.m. in the Board Room of KVAFSU, Bidar as per Annexure-F and any decision taken thereon 19.11.2019 shall not be enforceable and shall be kept in abeyance; and to direct the respondents to declare that the petitioners are the Members of the Board of Management, -Karnataka Veterinary, Animal and Fisheries Sciences University, in any of the Board Meetings till 28.12.2020 in case of petitioner No.1 and 25.12.2021 in case of petitioner No.2.
2. It is the case of the petitioners that they were nominated as Members of the Board of Management under Section 27 of the Karnataka Veterinary, Animal and Fisheries Sciences University (Amendment) Act, 2004. As per the notification dated 13.1.2016 issued by the State Government for a period of three years or until further orders. Subsequently, the State Government by the Notification dated 21.01.2016, the kept in abeyance the order of nomination of the petitioners. Therefore, they were constrained to file writ petitions i.e., W.P.No.5353/2017 and other matters. This Court by the order dated 6.4.2017 allowed W.P. Nos.19470-471/2016 in part and directed the official respondents to withhold/keep in abeyance till the period of three years elapses under notification dated 26.6.2014. Subsequently, the State Government by the Notification dated 26.12.2018 on the basis of the order dated 6th April, 2014 passed by the learned Single Judge of this Court, continued the petitioners as the Members for the remaining period of 23 months (i.e., till 28.11.2020) or until further orders. When the things stood thus, the State Government by a Notification dated 18.9.2019 cancelled the earlier notifications dated 29.12.2017 and 26.12.2018, which were the subject matter of writ petition W.P.No.46652/2019 filed by the 1st petitioner before this Court.
3. This Court after hearing the learned Counsel for petitioner No.1 herein as well as the learned Government Advocate and on the basis of the order dated 6.4.2017 passed in W.P.No.5353/2017, by the order dated 26.9.2019, disposed off the writ petition in similar terms and conditions and quashed the impugned notification, dated 18.9.2019 issued by the State Government. Consequently, the 1st petitioner was allowed to complete his tenure in terms of the Notification dated 26.12.2018, Annexure-C, consequent upon which the 1st petitioner had to continue his term for the remaining 23 months or till further orders. The order passed by this Court quashing the impugned notification dated 18.9.2019 has reached finality. He would further contend that the Karnataka Veterinary Animal and Fisheries Sciences University has called for 89th Meeting of the Board of Management of Karnataka Veterinary, Animal and Fisheries Sciences University on 19th November, 2019 at Bidar and no notice is issued to the 1st petitioner even though his nomination is continued as per the Notification dated 26.12.2018 and the order dated 26th September, 2019 passed by the learned Single Judge of this Court in W.P.No.46652/2019, Annexure-E.
4. The said admitted facts are not disputed by Smt. Rashmi Patel, learned High Court Government Pleader for respondent Nos.1 to 3 or by Sri B. Mahesh, learned Counsel for respondent No.4-University.
5. In view of the above, Writ Petition is allowed and a writ of mandamus is issued directing the respondents to continue the 1st petitioner as Member of the Board of Management of the respondent – Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar in terms of the Notification dated 13.1.2016 and the Order dated 26.9.2019 passed by this Court in W.P.Nos.46652/2019 as per Annexures-A and E respectively.
6. The respondents are hereby directed to issue notice to the 1st petitioner to participate in the 89th Meeting of the Board of Management of the respondent – Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar to be conducted on 18th and 19th of November, 2019 by respondent No.4-University.
7. Respondent Nos.1 and 2 - State Government and the 4th respondent shall ensure implementation of the order passed by this Court stated supra without giving any room for contempt.
Ordered accordingly.
Sd/- Judge Nsu/-
BVJ: W.P.NO.50744/2019 06.12.2019 ORDERS ON ‘BEING SPOKEN TO’ This Court by the order dated 14.11.2019 disposed of W.P.No.50744/2019. When the Court noticed that all the documents produced in the writ petition pertains to only the petitioner No.1- K.C.Shankare Gowda, no documents is produced in respect of petitioner No.2- B.Sriharsha. Therefore, the Court posted the matter ‘For Being Spoken To’ today.
2. I have heard learned counsel for both the parties.
3. Sri V.Lakshmi Narayana, learned Senior Counsel for the petitioners submits that this Court in W.P.No.46200-46202/2019 disposed of the writ petition in terms of the reasons assigned in W.P.No.46652/2019 dated 26.09.2019, wherein, this Court quashed the impugned order and directed the respondents to allow the petitioners to complete their tenure in terms of the Government Order dated 26.12.2018.
4. In view of the above, if the respondents not implemented the said order, it is always open for the petitioner No.2 to take appropriate steps in accordance with law .
5. With the above clarification, the present writ petition is disposed off and the order passed by this Court in W.P.No.50744/2019 is confined only to petitioner No.1- K.C.Shankare Gowda.
6. The writ petition filed by the petitioner No.2- B.Sriharsha is dismissed with the observations stated supra.
Sd/-
JUDGE PN/-