IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 P R E S E N T THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE & THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.2388 OF 2017 (GM-RES) BETWEEN:
Sri.K.S.Ashok Kumar, S/o. Late Dr. K.V.Sadashiva Rao, Aged about 53 years, Residing at No.83, CQA Layout, Sahakaranagar, Bengaluru-560 092. ... APPELLANT (By Sri. Sanjay Krishna V., 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 Under Secretary, Veterinary and Fisheries Department, Government of Karnataka, Dr. Ambedkar Road, Vikasa Soudha, Bengaluru – 560 001.
3.The Registrar, Karnataka Veterinary, Animal and Fisheries Sciences University , P.B.No.6, Nandhini Nagar, Bidar – 585 401.
4.Sri.K.C.Shankare Gowda, S/o. Chikkamune Gowda, Aged about 50 years, Residing at Kuruboor, Chintamani Taluk, Chikkaballapura District – 563 125.
5.Sri Mallikarjun Biradar, S/o Sanganbasappa, Aged about 54 years, Residing at No.9-8-476, Kalidasanagar, BVB College Road, Bidar – 585 403.
6.Sri Nagabhusan Kamthane, S/o.Madappa, Aged about 35 years, No 17-3-243/1, “Parwathi Nivas”, Gandhinagar Colony, Mailoor Road, Bidar – 585 403. ... RESPONDENTS (By Sri.S.S.Mahendra, AGA for R1 & R2; Sri.H.N.Shashidhara, Advocate for R3; Sri.Ashwin Kumar H., Advocate for Smt.Anusha L., Advocate for R4; Sri.Brijesh Patil, Advocate for R5 & R6) This Writ Appeal is filed under Section 4 of The Karnataka High Court Act praying to set aside the order passed in writ petition No.32454/2016 dated 06.04.2017.
This Writ Appeal coming up for Preliminary Hearing along with I.A.1 of 2017, this day, P.S. Dinesh Kumar J., delivered the following:
JUDGMENT With consent of learned advocates, appeal is heard for final disposal.
2. We have heard learned advocates for the parties and perused the records.
3. Appellant was nominated to the Board of Management of Karnataka Veterinary Animal and Fisheries Sciences University, Bidar by the Government, by a Notification dated 13.01.2016. The said order of nomination was kept in abeyance by respondent No.1 on 21.01.2016. Appellant challenged the said order keeping his nomination in abeyance, in W.P. No.32454/2016. The Hon’ble Single Judge disposed off the said writ petition along with writ petition No.5353/2016 and connected cases, holding that the Notification dated 13.01.2016 shall be kept in abeyance till the period of three years elapses with reference to the Notification dated 26.06.2014. So far as the nomination made pursuant to the Notification dated 26.06.2014 is concerned, the nomination of such nominees has come to an end by efflux of time.
4. Sri V. Sanjay Krishna, learned advocate for the appellant submits that in view of the direction No.2 contained in the Order dated 06.04.2017 passed by the Hon’ble Single Judge disposing off W.P. No.5353/2016 and connected cases, the period for which the appellant was kept in abeyance must enure to appellant’s benefit and the order dated 13.01.2016 must automatically come into operation after the period of three years.
5. Sri S.S. Mahendra, learned Government Advocate submits that the term of nomination made by Notification dated 13.01.2016 was for a period of three years and it has come to an end on 13.01.2019. Further he submits that so far as direction No.2 is concerned, it affects only those who are nominated pursuant to Notification dated 26.06.2014.
6. Having heard learned advocates for the parties, we are of the view that direction No.2 affects only those who are nominated under Notification dated 26.01.2014 and in that circumstance, this appeal has been rendered infructuous by efflux of time and it is accordingly dismissed.
7. At this stage Sri Sanjay Krishna, learned advocate submits that the Government has issued fresh Notification on 26.12.2018 and seeks liberty to challenge the same. We express no opinion with regard to the same. However, liberty is reserved to the appellant to challenge the same in accordance with law.
8. I.A.1 of 2017 seeking stay does not survive for consideration and it is disposed of.
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ACTING CHIEF JUSTICE sac* Sd/- JUDGE