Karnataka High Court
Dr H Krishna Ram vs The State Of Karnataka on 23 February, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NOS.30506-30523/2013 AND
WRIT PETITION NO.38581/2013 (S-RES)
BETWEEN:
1. Dr. H.KRISHNA RAM
S/O. HANUMAPPA,
AGED ABOUT 36 YEARS,
POST DOCTORAL FELLOW
DEPARTMENT OF STUDIES IN ZOOLOGY
UNIVERSITY OF MYSORE
MANASAGANGOTHRI,
MYSORE-570 006.
2. Dr. MAHADEVAIAH
S/O. LATE DASAIAH,
AGED ABOUT 36 YEARS,
R/AT ACHATTIPURA VILLAGE,
YARAGANAHALLI POST OFFICE,
HARADANAHALLI HOBLI,
CHAMARAJANAGARA TALUK & DISTRICT - 571 127.
3. Dr. M.B.SRIDHARA
S/O. M.G.BASAVARAJU,
AGED ABOUT 32 YEARS,
R/AT KEERTHI NAGARA,
MALAVALLI TOWN,
MANDYA DISTRICT- 571 430.
4. Dr. M.H.NIRANJAN
S/O. HANUMANTHU M.,
AGED ABOUT 40 YEARS,
2
C/O. MAHADEVA SWAMY,
NO.L.16, 8TH CROSS,
GANGOTRI QUARTERS,
MANASAGANGOTRI,
MYSORE - 570 006.
5. Dr. J.MAHADEVA
S/O. JADEMATHAIAH,
AGED ABOUT 43 YEARS,
R/AT NO.1421, SUKHINIVAS,
6TH MAIN ROAD, C BLOCK,
DATTAGALLI, 3RD STAGE,
KANAKADAS NAGAR,
MYSORE- 570 022.
6. Dr. PRAKASHA
S/O. LAKSHMANA,
AGED ABOUT 43 YEARS,
R/AT NO.126, THRIVENI NAGAR,
T.NARSIPUR,
MYSORE DISTRICT - 571 124.
7. Dr. N.RAVIKUMAR
S/O. S.P.NANJUNDAIAH,
AGED ABOUT 42 YEARS,
POST DOCTORAL FELLOW
DEPARTMENT OF EARTH SCIENCE
UNIVERSITY OF MYSORE
MYSORE - 570 006.
8. Dr. N.MURTHY
S/O. NANJUNDAIAH,
AGED ABOUT 47 YEARS,
POST DOCTORAL FELLOW
DEPARTMENT OF SERICULTURE
UNIVERSITY OF MYSORE
MYSORE - 570 006.
9. Dr. CHIKKARANGASWAMY
S/O. PUTTASWAMY
AGED ABOUT 39 YEARS,
POST DOCTORAL FELLOW (UGC)
INSTITUTE OF DEVELOPMENT STUDIES
3
UNIVERSITY OF MYSORE
MANASAGANGOTHRI,
MYSORE - 570 006.
10. Dr. SUNANDAMMA N.,
AGED ABOUT 37 YEARS,
C/O. CHANDRAPPA,
DOOR NO.371, THIBBADEVI NILAYA
A & B BLOCK, 13TH CROSS,
NAVILU ROAD, KUVEMPU NAGAR,
MYSORE.
11. Dr. MANJUNATH S.,
S/O. SIDDAIAH,
AGED ABOUT 34 YEARS,
R/AT NO.321, DARSHAN NILAYA,
BOGADI VILLAGE,
MYSORE - 570 026.
12. Dr. K.NAGANNA
S/O. KEMPAIAH,
AGED ABOUT 39 YEARS,
R/AT NO.705, 2ND CROSS,
BOGADI 2ND STAGE (SOUTH)
MYSORE.
13. Dr. S.MAHADEVA
S/O. SIDDAIAH,
AGED ABOUT 36 YEARS,
POST DOCTORAL FELLOW
DEPARTMENT OF STUDIES IN ANTHROPOLOGY
UNIVERSITY OF MYSORE
MANASAGANGOTHRI,
MYSORE - 570 006.
14. Dr. OINAM RONIBALA DEVI
W/O. PAVAN B.P.,
AGED ABOUT 35 YEARS,
POST DOCTORAL FELLOW
DEPARTMENT OF STUDIES IN ANTHROPOLOGY
UNIVERSITY OF MYSORE
MANASAGANGOTHRI
MYSORE - 570 006.
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15. Dr. V.N.MAHADEVAIAH
S/O. NINGAIAH,
AGED ABOUT 38 YEARS,
R/AT VADAGERE VILLAGE,
GOWDAHALLI POST,
YELANDUR TALUK,
CHAMARAJANAGARA DISTRICT - 571 441.
16. Dr. SRINIVASA
S/O. LAKSHMANA,
AGED ABOUT 39 YEARS,
R/AT NO.126, THRIVENI NAGAR
T. NARSIPUR,
MYSORE DISTRICT-571 124.
17. Dr. D.MAHESHA
S/O. LAKSHMANA,
AGED ABOUT 40 YEARS,
POST DOCTORAL FELLOW
DEPARTMENT OF STUDIES IN GEOGRAPHY
UNIVERSITY OF MYSORE,
MANASAGANGOTHRI,
MYSORE - 570 006.
18. Dr. CHINNAIAH
S/O. VENKATANAYAKA,
AGED ABOUT 46 YEARS,
C/O. GOPALANAIKA,
NO.785, 8TH MAIN, 16TH CROSS,
B BLOCK, 3RD STAGE,
VIJAYA NAGAR,
MYSORE.
19. DR. N. RAJASHEKAR
S/O V. NANJAIAH
AGED ABOUT 38 YEARS
NO.40, NANJUNDESHWARA NILAYA
1ST STAGE, 7TH MAIN ROAD
BRINDAVAN EXTENSION
MYSORE - 570 020.
... PETITIONERS
(BY SRI VEDACHALA M.V., ADV.)
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AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
M.S. BUILDING
BANGALORE - 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE UNION OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
COMMUNICATIONS AND INFORMATION TECHNOLOGY,
SHASTRI BHAVAN,
NEW DELHI - 110 115.
REPRESENTED BY ITS SECRETARY
3. UNIVERSITY GRANTS COMMISSION
NO.35, BHADURSHA ZAFAR MARG,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY
4. THE REGISTRAR
MYSORE UNIVERSITY,
CRAWFORD HALL,
MYSORE-570 005.
REPRESENTED BY ITS REGISTRAR
5. BANGALORE UNIVERSITY
JNANA BHARTI
BANGALORE - 560 056
REPRESENTED BY ITS REGISTRAR
6. MANGALORE UNIVERSITY
MANGALAGANGOTHRI,
MANGALORE- 574 199.
REPRESENTED BY ITS REGISTRAR
7. KUVEMPU UNIVERSITY
GNANA SAHYADRI,
SHIMOGA-577 451.
REPRESENTED BY ITS REGISTRAR
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8. GULBARGA UNIVERSITY
JNANA GANGA,
GULBARGA-585106
REPRESENTED BY ITS REGISTRAR
9. KARNATAKA UNIVERSITY
PAVATE NAGAR,
DHARWAD-580 003.
REPRESENTED BY ITS REGISTRAR
10. TUMKUR UNIVERSITY
1ST FLOOR, Dr. B.R.AMBEDKAR BHAVAN,
M.G.ROAD,
TUMKUR-572 101.
REPRESENTED BY ITS REGISTRAR
11. DAVANAGERE UNIVERSITY
SHIVAGANGOTHRI,
DAVANAGERE,
KARNATAKA-577 002.
REPRESENTED BY ITS REGISTRAR
12. KARNATAKA STATE OPEN UNIVERSITY
MANASAGANGOTRI,
MYSORE-570 006.
REPRESENTED BY ITS REGISTRAR
13. KARNATAKA STATE WOMEN UNIVERSITY
BIJAPUR,
KARNATAKA - 586 101.
REPRESENTED BY ITS REGISTRAR
14. KARNATAKA UNIVERSITY
VIDYARANYA,
HOSPET TALUK, HAMPI
KARNATAKA-586 101.
REPRESENTED BY ITS REGISTRAR
15. KARNATAKA VETERINARY, ANIMAL
AND FISHERIES SCIENCE UNIVERSITY
NANDINAGAR
P.B.NO.6, BIDAR - 585 401.
REPRESENTED BY ITS REGISTRAR
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16. UNIVERSITY OF AGRICULTURAL SCIENCES
GKVK CAMPUS,
BANGALORE-560 024.
REPRESENTED BY ITS REGISTRAR
17. UNIVERSITY OF AGRICULTURAL SCIENCES
KRISHI NAGAR,
DHARWAD-580 005.
REPRESENTED BY ITS REGISTRAR
18. RANI CHANNAMMA UNIVERSITY
VIDYASANGAMA, NO.G-4,
P.B.HIGHWAY,
BELAGAVI-591 156.
REPRESENTED BY ITS REGISTRAR
19. VIJAYANAGARA SRI KRISHNADEVARAYA
UNIVERSITY
JNAN SAGARA CAMPUS,
VINAYAKA NAGAR, CONTONMENT,
BELLARY-583 104.
REPRESENTED BY ITS REGISTRAR
20. KARNATAKA SANSKRIT UNIVERSITY
SRI CHAMARAJENDRA SANSKRIT COLLEGE CAMPUS,
PAMPA MAHAKAVI ROAD,
CHAMARAJAPET,
BANGALORE-560 018.
REPRESENTED BY ITS REGISTRAR
... RESPONDENTS
(BY SRI M.A. SUBRAMANI, HCGP FOR R1
SRI SHOWRI, ADV. FOR R3
SMT. K.S. ANASUYADEVI, ADV. FOR R4
SRI B. PRAMOD, ADV. FOR R5
SRI M.I. ARUN, ADV. FOR R6
SRI T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R9
SRI V.B. GANACHARI, ADV. FOR R11
SRI P.N. MANMOHAN, ADV. FOR R12
SRI S.K. ACHARYA, ADV. FOR R13
SRI H.N. SHASHIDHARA, FOR KESVY & CO., ADV. FOR R15
SRI B.V. PUTTEGOWDA, ADV. FOR R16
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SRI K.G. NAYAK, ADV. FOR R17
SRI C. VENKATESH, ADV. FOR R20;
R2, R7, R14, R18 & R19 SERVED BUT UNREPRESENTED;
NOTICE TO R8 D/W V/C/O DTD: 15.02.2017
NOTICE TO R10 HELD SUFFICIENT V/C/O DTD: 23.02.2017)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO IDENTIFY THE BACKLOG VACANCIES IN
RESPECT OF VARIOUS POST IN THEIR RESPECTIVE
UNIVERSITIES AND TAKE STEPS IMMEDIATELY TO FILL UP THE
SAME IN ACCORDANCE WITH LAW AND RECRUITMENT RULES,
WITH DUE CONSIDERATION AND PRIORITIES TO POST
DOCTORAL FELLOWS.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
These petitions were filed asking for a mandamus against the respondents to identify the backlog vacancies in respect of various posts i.e., in the respective respondents - Universities and take immediate steps to fill the same.
2. The petitioners are working as Post Doctoral Fellows (PDF/UGC) in various departments of University of Mysuru. The petitioners claim that they belong to Schedule Caste and Schedule Tribe communities. The grievance of 9 the petitioners is that despite the communication of the Ministry of Human Resource Development vide Annexure-B and the communication of University Grants commission as at Annexure-C, the respondent Nos.4 to 20 did not take steps to clear the backlog of the reserved vacancies by undertaking the special recruitment drive. The petitioners contend that they have studied more than 10 years in the respective subjects and completed Post Doctoral Fellowship and if the recruitment, as was directed vide Annexures - B and C is undertaken, they being highly qualified in their respective fields, would be able to get selected and render service.
3. Learned advocate for the petitioners submitted that there being inaction on the part of respondent Nos.4 to 20, these petitions may be allowed and a direction issued to them, to undertake the special recruitment drive and complete the recruitment process in a time bound manner.
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4. Learned HCGP submitted that the State Government has no objection for respondent Nos.4 to 20 to identify the backlog vacancies, particularly in the reserved categories and immediately undertake the recruitment process.
5. Learned advocates appearing for respondent Nos.4 to 20 also submitted that the respective Universities would undertake the exercise of identifying backlog vacancies and the consequential recruitment process within a reasonable period. Submissions stand recorded.
6. As there is no dispute that the special recruitment drive was not undertaken pursuant to the communications as at Annexures -B and C and there being no dispute that there are backlog vacancies, particularly in the reserved categories, it is just and necessary that the respective Universities undertake the recruitment drive with expedition.
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In the result, writ petitions are disposed of, directing respondent Nos.4 to 20, to identify the backlog vacancies in all the departments, within a period of three months from the date a copy of this order becomes available. The recruitment process shall also be undertaken and completed with as much expedition as is possible.
Ordered accordingly.
Sd/-
JUDGE ca