IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.54767/2018 (S – RES) c/w W.P.No.53004/2018 (EDN – RES) AND W.P.No.49215/2014 (EDN – RES) IN W.P.No.54767/2018:
BETWEEN:
SRI PREETHAM K., S/O KRISHNAPPA L., AGED 32 YEARS R/O DOOR NO.16/9, RADHAKRISHNA NILAYA, GROUND FLOOR (19), 2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU-560040 …PETITIONER (BY SRI CHANDRAKANTH R. GOULAY, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATON M.S.BUILDING, BENGALURU-560 001 2. THE BANGALORE UNIVERSITY REP BY ITS REGISTRAR (ADMN) JNANA BHARATHI CAMPUS BENGALURU-560056 3. THE CHAIRPERSON P.G.DEPARTMENT OF ENGLISH BANGALORE UNIVERSITY JNANABHARATHI CAMPUS BENGALURU-560056 4. THE CHAIRPERSON INTEGRATED B.SC-M.SC BIOLOGICAL OR LIFE SCIENCES BANGALORE UNIVERSITY JNANABHARATHI CAMPUS BENGALURU-560056 5. Mrs. DHANYA B., AGED MAJOR GUEST FACULTY (ENGLISH) DEPARTMENT OF INTEGRATED B.SC-M.SC BIOLOGICAL OR LIFE SCIENCES BANGALORE UNIVERSITY JNANABHARATHI CAMPUS BENGALURU-560056 6. Mrs. DEVI K.T.P., AGED MAJOR DEPARTMENT OF INTEGRATED B.SC-M.SC BIOLOGICAL OR LIFE SCIENCES BANGALORE UNIVERSITY JNANABHARATHI CAMPUS BENGALURU-560056 …RESPONDENTS (BY SMT.JYOTHI M., AGA FOR R-1;
SRI T.P.RAJENDRAKUMAR SUNGAY, ADV. FOR R-2; R-3 TO R-5 SERVED UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE NON SELECTION OF THE PETITIONER TO THE POST OF GUEST FACULTY[ENGLISH] IN THE SERVICES OF THE R-4 AS ARBITRARY, ILLEGAL AND VOID.
IN W.P.No.53004/2018: BETWEEN:
SRI PREETHAM K., S/O KRISHNAPPA L., AGED ABOUT 32 YEARS, R/AT DOOR NO.16/9, RADHA KRISHNA NILAYA, GROUND FLOOR (19), 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGAR, BANGALORE-560 040. …PETITIONER (BY SRI UDAYA PRAKASH MULIYA, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION AMBEDKAR VEEDHI BENGALURU-560 001 REP BY ITS PRINCIPAL SECRETARY.
2. THE BANGALORE UNIVERSITY REP BY ITS REGISTRAR (ADMINISTRATION) JNANA BHARATHI CAMPUS, BANGALORE-560 056 …RESPONDENTS (BY SMT.JYOTHI M., AGA FOR R-1; SRI PRAMOD B., ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO HOLD AN ENQUIRY INTO THE ILLEGALITIES, DISCRIMINATION AND HARASSMENT COMMITTED AGAINST THE PETITIONER AS DETAILED AT THE REPRESENTATION VIDE ANNEXURE-A.
IN W.P.No.49215/2014:
BETWEEN:
SRI PREETHAM K., S/O KRISHNAPPA L., AGED 28 YEARS, R/O DOOR NO.16/9, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGAR, BANGALORE-560 040. …PETITIONER (BY SRI UDAYA PRAKASH MULIYA, ADV.) AND:
THE BANGALORE UNIVERSITY REP BY ITS REGISTRAR (EVALUATION), JNANA BHARATHI" CAMPUS, BANGALORE-560 056. …RESPONDENT (BY SRI B.PRAMOD, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE CASE OF THE PETITIONER BY CONSDERING THE REPRESENTATION MADE BY HIM AS PER ANNEXURES-Q, R, S & T FOR REGISTRATION DATED 10.09.2014, 10.05.2014, 11.08.2014 RESPECTIVELY TO PH.D. BY FOLLOWING REGULATION 5.4 AND 8.4 OF THE UNIVERSITY REGULATION SPECIFICALLY.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These petitions involving similar and akin issues, have been considered together and disposed of by this common order.
2. The petitioner had earlier approached this Court in W.P.No.30865/2013 whereby this Court by its order dated 17.02.2014 has observed that the research proposal of the petitioner was being examined at the meeting of the Board of Studies and it is only after clearance from the Board of Studies, it would be approved. The provisional registration comes into effect from the date of approval of the research proposal by the Doctoral Committee. Since the Board of Studies itself had rejected the proposal of the petitioner, the question whether a guide was well within his limits in refusing the petitioner’s synopsis cannot be considered by this Court and directing further consideration of the petitioner’s synopsis etc., would not be tenable and would be an area outside the jurisdiction of this Court. However, it was further observed that without prejudice to the petitioner’s case for further consideration of his registration and approval at a later date, the said petition stands disposed of. Pursuant to which the petitioner appears to have made a representation and the same has been rejected by an endorsement dated 25.06.2015 during the pendency of the W.P.No.49215/2014.
3. Indisputably, the issue in these writ petitions [W.P.No.49215/2014 C/w. W.P.No.53004/2018] relates to the Ph.D registration sought by the petitioner pursuant to the notification issued by the Bangalore University dated 01.10.2011. In view of the academic year having come to an end, the writ petitions obviously do not survive for consideration.
4. Similarly, in W.P.No.54767/2018, the petitioner has challenged the selection of the respondent Nos.5 and 6 pursuant to the proceedings dated 17.10.2018 inter alia seeking for a direction to the respondent Nos.1 and 2 to conduct an enquiry by appointing an Enquiry Officer in respect of the process of selection and appointment to the post of Guest Faculty in the Department of Integrated B.Sc. – MSC Biological or Life Sciences in the respondent University pursuant to the notification dated 25.07.2018. It is not in dispute that the said notification relates to the appointment of Guest Faculty for one academic year i.e., 2018-19 and the said academic year is also has come to an end. Hence, the relief sought in the writ petition does not survive for consideration.
5. However, the petitioner is at liberty to get himself registered for the Ph.D Programm for the ensuing academic year. The respondent No.1–Bangalore University shall consider such application, if any, made by the petitioner without being biased by the action, if any, initiated by the petitioner against the Bangalore University pertaining to the consideration of his application relating to the Ph.D Programm of the year 2011.
Without prejudice to the rights of the petitioner to get himself registered for the Ph.D Programm as aforesaid, the writ petitions stand disposed of.
In view of disposal of the writ petitions, all the pending I.As stand disposed of.
Sd/- JUDGE NC.