Karnataka High Court
Dr Mervin Herbert vs National Institute Of Technology ... on 25 September, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 13117 OF 2009 (S-PRO)
C/W
WRIT PETITION NO. 12998 OF 2009 (S-RES),
WRIT PETITION NO. 12999 OF 2009 (S-RES),
WRIT PETITION NO. 7211 OF 2012 (S-RES),
WRIT PETITION NO. 11878 OF 2013 (S-PRO),
WRIT PETITION NO. 11880 OF 2013 (S-PRO),
WRIT PETITION NO. 34884 OF 2014 (S-RES)
IN W.P.No.13117/2009:
BETWEEN:
Digitally
signed by
PANKAJA S 1. DR.SHRIKANTA,
Location: S/O SRINIVASA RAO
HIGH
COURT OF AGED ABOUT 43 YEARS,
KARNATAKA
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574180.
...PETITIONER
(BY SRI. M.NARAYANA BHAT., ADVOCATE)
AND:
1. NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK)
SURATKAL-575 025.
REPRESENTED BY ITS REGISTRAR.
-2-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
2. THE BOARD OF GOVERNORS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATA(NITK)
SURATKAL-575 025.
REPRESENTED BY ITS CHAIRMAN.
3. THE SELECTION COMMITTEE
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATA(NITK),
SURATKAL-575 025.
REPRESENTED BY ITS CHAIRMAN.
4. UNION OF INDIA
MINISTRY OF HUMAN RESOURCES
DEPARTMENT OF SECONDARY AND
HIGHER EDUCATION, NEW DELHI.
5. DR. M.S. BHAT
S/O NOT KNOWN TO THE PETITIONER
PROFESSOR, DEPT. OF E & C
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK)
SURATKAL-5575025.
6. DR. H.SURESH HEBBAR
S/O NOT KNOWN TO THE PETITIONER
PROFESSOR,
DEPT. OF MECHANICAL ENGINEERING NATIONAL
INSTITUTE OF TECHNOLOGY KARNATAKA(NITK),
SURATKAL-575025.
7. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
REPRESENTED BY DIRECTOR,
NELSON MANDELA MARG,
No.G5P3+8PH, VASANTH KUNJ,
NEW DELTHI-110 070.
...RESPONDENTS
-3-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
(BY SRI. P.S.RAJAGOPAL, SENIOR COUNSEL FOR
SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R-1 TO R-3;
SRI.H.SHANTHI BHUSHAN, DSGI FO R-4;
SRI.SANTHOSH.S.NAGARALE, ADVOCATE FOR R-5 & R-6;
SRI.SHOWRI.H.R., ADVOCATE FOR R-7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE PROCEEDINGS OF THE SELECTION COMMITTEE AND THE
17TH METING OF THE BOARD OF GOVERNORS DATED.
16.11.2008 IN RESPECT OF ITEM NO. 17(C) IN SO FAR AS THE
PROMOTION GRANTED TO THE R5 AND 6 VIDE ANNEXURE-K
TO THE WRIT PETITION AND DECLARE THAT THE ACTION OF
NOT PROMOTING THE PETITIONER TO THE POST OF
PROFESSOR IN THE DEPARTMENT OF MECHANICAL
ENGINEERING UNDER CAREER ADVANCEMENT SCHEME (CAS)
AS ARBITRARY AND ILLEGAL, ETC.
IN W.P.No.12998/2009
BETWEEN:
DR.SHRIKANTA
S/O SRINIVASA RAO,
AGED ABOUT 43 YEARS,
R/T 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574 180.
...PETITIONER
(BY SRI.M.NARAYANA BHAT., ADVOCATE)
AND:
1. NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
(NITK)
SURATKAL-575 025.
REPRESENTED BY ITS REGISTRAR.
2. THE BOARD OF GOVERNORS
-4-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
SURATKAL-575 0025.
REPRESENTED BY ITS CHAIRMAN.
3. THE SELECTION COMMITTEE
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
SURATKAL-575 025
REPRESENTED BY ITS CHAIRMAN.
4. UNION OF INDIA,
MINISTRY OF HUMAN RESOURCES DEPARTMENT
DEPARTMENT OF SECONDARY AND HIGHER
EDUCATION, NEW DELHI.
5. MR.PRASAD KRISHNA
S/O NOT KNOWN TO THE PETITIONER
AGED ABOUT 43 YEARS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
SURATKAL-575 025.
...RESPONDENTS
(BY SRI.P.S.RAJAGOPAL, SENIOR COUNSEL APPEARING
FOR SRI.K.PUTTEGOWDA, ADVOCATE FOR R-1 TO R-3;
SRI.H.SHANTHI BHUSHAN, DSGI FOR R-4;
SRI.SANTHOSH S.NAGARALE, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE PROCEEDINGS OF THE SELECTION COMMITTEE AND THE
17TH MEETING OF THE BOARD OF GOVERNORS DATED
16.11.2008 IN RESPECT OF ITEM No.17(B) IN SO FAR AS
SELECTION AND APPOINTMENT OF THE RESPONDENT nO.5 TO
THE POST OF PROFESSOR IN THE DEPARTMENT OF
MECHANICAL ENGINEERING AND CONSEQUENTLY QUASH THE
APPOINTMENT ORDER ISSUED TO THE RESPONDENT No.5 IN
-5-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
No.5211/Estt/2008B1 DATED 26.12.2008 VIDE ANNEXURE-J
AND K, ETC.
IN W.P.No.12999/2009
BETWEEN:
DR.MERVIN HERBERT
S/O C F HERVERT
AGED ABOUT 45 YEARS
R/AT N1-23, NITK CAMPUS
P.O.SRINIVASNAGAR
SURATKAL-575 025.
...PETITIONER
(BY SRI.D.P.MAHESH, ADVOCATE)
AND:
1. NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
(NITK)
SURATKAL-575 025
REPRESENTED BY ITS REGISTRAR.
2. THE BOARD OF GOVERNORS
NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
(NITK)
SURATKAL-575 025
REPRESENTED BY ITS CHAIRMAN.
3. THE SELECTION COMMITTEE
NATIONAL INSTITUTE OF TECHNOLOGY KARNATKA
(NITK)
SURATKAL-575 025.
REPRESENTED BY ITS CHAIRMAN.
4. UNION OF INDIA,
MINISTRY OF HUMAN RESOURCES DEPARTMENT
DEPARTMENT OF SECONDARY AND HIGHER
-6-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
EDUCATION, NEW DELHO.
...RESPONDENTS
(BY SRI.P.S.RAJAGOPAL SENIOR COUNSEL APPEARING
FOR SRI.K.PUTTEGOWDA, ADVOCATE FOR R-1 TO R-3;
SRI.H.SHANTHI BHUSHAN, DSGI FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE PROCEEDINGS OF THE SELECTION COMMITTEE & THE
17TH MEETING OF THE BOARD OF GOVERNORS DATED
16.11.2008 IN RESPECT OF ITEM No.17(B) IN SO FAR AS
SELECTION TO THE POST OF ASST. PROFESSOR IN THE
DEPARTMENT OF MECHANICAL ENGINEERING VIDE
ANNEXURE-J TO THE WP AND DECLARE THAT THE ACTION OF
NOT MAKING ANY APPOINTMENT TO THE SAID POST OF ASST.
PROFESSOR IN THE DEPARTMENT OF MECHANICAL
ENGINEERING AS ILLEGAL, ETC.
IN W.P.No.7211/2012
BETWEEN:
1 . DR MERVIN HERBERT
S/O C F HEBERT
AGED ABOUT 48 YEARS
R/AT AL-23, NITK CAMPUS,
P.O. SRINIVASANAGAR,
SURATKAL-575 025.
...PETITIONER
(BY SRI. M.NARAYANA BHAT., ADVOCATE)
AND:
1. NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
(NITK)
P.O. SRINIVASNAGAR-575 025 MANGALORE,
REPRESENTED BY ITS REGISTRAR.
-7-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
2. THE BOARD OF GOVERNORS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATA(NITK), P.O. SRINIVASNAGAR-575 025
MANGALORE,
REPRESENTED BY ITS CHAIRMAN
3. UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF HUMAN RESOURCES
AND DEVELOPMENT,
DEPARTMENT OF SECONDARY AND
HIGHER EDUCATION,
SHASTRI BHAVAN, NEW DELHI-110 001.
4. DR SANDEEP SANCHETI
AGE: MAJOR
DIRECTOR (INCHARGE)
NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
(NITK) P.O SRINIVASNAGAR-575 025,
MANGALORE
5. DR M GOVINDARAJ
AGE: MAJOR
DEPARTMENT OF MINING
PRESENTLY REGISTRAR(INCHARGE)
NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
(NITK), P.O SRINIVASNAGAR-575 025,
MANGALORE.
6. DR A C HEGDE
AGE: MAJOR
FACULTY, DEPARTMENT OF CHEMISTRY,
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK), P.O SRINIVASNAGAR-575025,
MANGALORE.
-8-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
7. DR SHASHIKALA H D
AGE: MAJOR
FACULTY, DEPARTMENT OF PHYSICS,
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
8. DR N K UDAYASHANKAR
AGE: MAJOR
FACULTY DEPARTMENT OF PHYSICS,
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
9. DR RAVIKIRAN KADOLI
AGE MAJOR,
FACULTY DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
10 . DR GANGADHARAN K V
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING,
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
11 . DR VIJAY DESAI
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
-9-
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
P.O SRINIVASNAGAR-575025,
MANGALORE.
12 . DR S M KULKARNI
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025, MANGALORE.
13 . DR JAGANNATH NAYAK
AGE MAJOR, FACULTY
DEPARTMENT OF MET & MATERIAL ENGINEERING,
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
14 . DR S SHRIHARI
AGE MAJOR, FACULTY
DEPARTMENT OF CIVIL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
15 . DR SITARAM NAYAK
AGE MAJOR, FACULTY
DEPARTMENT OF CIVIL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
16 . DR A MAHESHA
AGE MAJOR, FACULTY,
DEPARTMENT OF APPLIED MECHANIC & HYDRAULICS,
- 10 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
17 . DR DWARAKISH G S
AGE MAJOR, FACULTY, DEPARTMENT OF APPLIED
MECHANIC & HYDRAULICS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK)
P.O SRINIVASNAGAR-575025,
MANGALORE.
18 . SRI ANNAPPA
AGE MAJOR, FACULTY DEPARTMENT OF COMPUTER
ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK)
P.O SRINIVASNAGAR-575025,
MANGALORE.
19 . DR M ARUNA
AGE MAJOR, FACULTY
DEPARTMENT OF MINING
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA(NITK)
P.O SRINIVASNAGAR-575025,
MANGALORE.
20 . SRI ALYWYN ROSHAN PAIS
AGE MAJOR, FACULTY,
DEPARTMENT OF COMPUTER ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
- 11 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
21 . MRS SOWMYA HEGDE
AGE MAJOR, FACULTY
DEPARTMENT OF COMPUTER ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK),
P.O SRINIVASNAGAR-575025,
MANGALORE.
22 . SRI GIRISH NAVADA
AGE MAJOR, FACULTY
DEPARTMENT OF E & E ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA(NITK)
P.O SRINIVASNAGAR-575025,
MANGALORE.
23 . SRI PUSHPARAJ SHETTY D
AGE MAJOR, FACULTY
DEPARTMENT OF MACS,
PRESENTLY CARRYING OUT PHD AT IIT,
DELHI, NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE
NOW AT HOUSE NO. 68, IP APARTMENTS
INDIAN INSTITUTE OF TECHNOLOGY
NEW DELHI.
24 . SRI VEERSHETTY GUMTAPURE
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
25 . SRI KUMAR G N
- 12 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
26 . SRI SHIVANANDA NAYAKA
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
27 . DR MANJUNATH SHARMA
AGE MAJOR, FACULTY
DEPARTMENT OF E & E ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025,
MANGALORE .
28 . DR SUNIL B M
AGE MAJOR, FACULTY
DEPARTMENT OF CIVIL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK),
PO SRINIVASNAGAR-575025,
MANGALORE .
29 . DR B MANU
AGE MAJOR, FACULTY
DEPARTMENT OF CIVIL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025,
- 13 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
MANGALORE .
30 . DR D N GAONKAR
AGE MAJOR, FACULTY
DEPARTMENT OF E & E ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
31 . DR PRASANNA B D
AGE MAJOR, FACULTY
DEPARTMENT OF CHEMICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025,
MANGALORE .
32 . DR I RAGHUPATHI
AGE MAJOR, FACULTY
DEPARTMENT OF CHEMICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025,
MANGALORE .
33 . DR SUKUMAR D
AGE MAJOR, FACULTY
DEPARTMENT OF MACS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
34 . DR V MURUGAN
AGE MAJOR, FACULTY
DEPARTMENT OF MACS
- 14 -
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WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
35 . DR SAM JHONSON
AGE MAJOR, FACULTY
DEPARTMENT OF MACS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
36 . DR VIVEK SINHA
AGE MAJOR, FACULTY
DEPARTMENT OF MACS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
37 . DR H S NAGARAJA
AGE MAJOR, FACULTY
DEPARTMENT OF PHYSICS
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
38 . DR UDAYAKUMAR DALIMBA
AGE MAJOR, FACULTY
DEPARTMENT OF CHEMISTRY
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575025
MANGALORE .
- 15 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
39 . SRI SUDHAKAR C JAMBAGI
AGE MAJOR, FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
NATIONAL INSTITUTE OF TECHNOLOGY
KARNATAKA (NITK)
PO SRINIVASNAGAR-575 025
MANGALORE
NOW AT DEPARTMENT OF MECHANICAL
ENGINEERING, RESEARCH SCHOLAR
INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR
(WEST BENGAL)
...RESPONDENTS
(BY SRI.P.S.RAJAGOPAL SENIOR COUNSEL APPEARING FOR
SRI.K.PUTTEGOWDA, ADVOCATE FOR C/R-1 AND FOR
ASHWINI RAJAGOPAL ADVOCATE FOR R-4;
SRI.H.SHANTHI BHUSHAN, DSGI FOR R-3;
SRI.NATARAJ BALLAL, ADVOCATE FOR R-4 TO 17,
R-24 & R-26
SRI.SANTHOSH.S.NAGARALE, ADVOCATE FOR R-18,
19 & 27
(R-20, 21,22 23, 25, 28, 29. 30, 32, 33, 34, 35, 36, 37,
38, 31, 39 ARE SERVED THROUGH HAND SUMMONS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR THE ENTIRE RECORDS FROM THIS FILED OF THE NITK
PERTAINING TO THE UP-GRADATION/RE-DESIGNATION AND
SELECTIONS MADE BY THE RESPONDENTS, ETC.
IN W.P.No.11878/2013
BETWEEN:
1. DR. MERVIN HERBERT
S/O C.F.HERVERT
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
- 16 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
KARNATAKA P.O.SRINIVASANAGAR
SURATKAL-575 025
MANGALORE
DAKSHINA KANNADA AND
RESIDING AT AL-23, NITK CAMPUS,
SURATKAL-575025,
MANGALORE, DAKSHINA KANNADA.
2. DR.SRIKANTHA,
S/O SHRINIVASA RAO,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL-575 025
MANGALORE,
DAKSHINA KANNADA AND
RESIDING AT 1-142,
NEAR OLD SCHOOL
SASIHITHLU-574 180.
...PETITIONERS
(BY SRI.M.NARAYANA BHAT., ADVOCATE)
AND:
1. NATIONAL INSTITUTE OF TECHNOLOGY
REPRESENTED BY ITS REGISTRAR
P.O.SRINIVASANAGAR,
SURATKAL-575 025
MANGALORE, DAKSHINA KANNADA.
2. SELECTION COMMITTEE FOR RECRUITING
AND PROMOTING TO THE FACULTY POSITION
OF NATIONAL INSTITUTE OF TECHNOLOGY,
REPRESENTED BY ITS CHAIRMAN AND DIRECTOR
P.O.SRINIVASNAGAR,
SURATKAL 575 025
MANGALORE, DAKSHINA KANNADA.
- 17 -
NC: 2023:KHC:34906
WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
3. SRI.PRUTHVIRAJ.U
ASSISTANT PROFESSOR
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS
NITK, SURATHKAL,
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
4. DR.SUNIL.B.M.
ASSISTANT PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING
NITK,SURATHKAL,
P.O.SRINIVASANAGAR-575025
MANGALORE
5. SRI.RAVIRAJ H MULANGI
ASSISTANT PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING
NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
6. DR.B.RAMACHANDRA BHAT
PROFESSOR
DEPARTMENT OF CHEMISTRY
NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE
7. DR.D.KRISHNA BHAT,
PROFESSOR
DEPARTMENT OF CHEMISTRY
NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
8. DR.JITHENDRAPAL,
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WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
ASSISTANT ORIFESSIR]
DEPARTMENT OF CHEMICAL ENGINEERING
NITK,SURATHKAL.
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
9. DR.B.R.CHANDAVARKAR
PROFESSOR
DEPARTMENT OF COMPUTER SCIENCE AND ENGG
NITK,SURATHKAL
P.O.SRINIVASANAGAR-575 025.
MANGALORE
10. MRS.REKHA.S.
ASSISTANT PROFESSOR
DEPARTMENT OF ELECTRONICS & COMMUNICATION
NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025.
11. DR.NARENDRANATH.S.
PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
NITK, SURATHKAL.
P.O. SRINIVASANAGAR-575 025.
MANGALORE.
12. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HRD,
SHASTRI BHAVAN, NEW DELHI.110 001.
...RESPONDENTS
(BY SRI.P.S.RAJAGOPAL, SENIOR COUNSEL FOR
SRI.K.PUTTEGOWDA, ADVOCATE FOR R-1, R-2 & R-3 TO
R-11;
SRI.H.SHANTHI BHUSHAN, DSGI FOR R-12)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
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WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
IMPUGNED PROCEEDINGS OF THE SELECTION COMMITTEE FO
THE NATIONAL INSTITUTE OF TECHNOLOGY, KARNATAKA,
SURATKAL HELD ON 24.09.2012 VIDE ANNEXURE-P & ALSO
THE PROCEEDINGS OF THE 31ST MEETING OF THE BOARD OF
GOVERNORS OF THE NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL HELD ON 01.10.2012 VIDE
ANNEXURE-R AS THE SAME ARE VIOLATIVE OF ARTICLE 14, 16
& 21 OF THE CONSTITUTION.
IN W.P.No.11880/2013
BETWEEN:
1. DR. MERVIN HERBERT
S/O C.F.HERBERT
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT PROFESSOR
NATIONAL INSTITUTE OF TECHNOLOGY,
PO.SRINIVASANAGAR,
SURATKAL-575 025.
MANGALORE
DAKSHINA KANNADA AND
R/AT AL-23, NITK CAMPUS,
SURATKAL-575 025, MANGALORE
DAKSHINA KANNADA.
2. DR.SRIKANTHA
S/O SHRINIVASA RAO
AGED ABOUT 46 YEARS
WORKING AS ASSOCIATE PROFESSOR
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL-575 025, MANGALORE
DAKSHINA KANNADA AND
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574 180.
...PETITIONERS
(BY SRI.M.NARAYANA BHAT., ADVOCATE)
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C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
AND:
1. NATIONAL INSTITUTE OF TECHNOLOGY
REPRESENTED BY ITS REGISTRAR
P.O.SRINIVASANAGAR,
SURATKAL 575 025,
MANGALORE
DAKSHINA KANNADA.
2. SELECTION COMMITTEE OF RECRUITING
AND PROMOTING TO THE FACULTY POSITION
OF NATIONAL INSTITUTE OF TECHNOLOGY
REPRESENTED BY ITS CHAIRMAN AND DIRECTOR
P.O.SRINIVASANAGAR,
SURATKAL-575 025, MANGALORE
DAKSHINA KANNADA.
3. DR.KIRAN GANGADHAR SHIRLAL
PROFESSOR
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULIES
NITK, SURATHKAL, P.O. SRINIVASANAGAR-575 025
MANGALORE.
4. DR.MANU
ASSISTANT PROFESSOR
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
5. DR.RAMESH.H.
ASSISTANT PROFESSOR
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS, NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
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WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
6. DR.BABU NARAYAN.K.S.
PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING
NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
7. DR.SUBHAS.C.YARAGAL
PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING
NITK,SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
8. SRI.PRASHANTH.M.H.
ASSISTANT PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING
NITK,SURATHKAL
P.O.SRINIVASANAGR-575 025
MANGALORE.
9. DR.K.RAM CHANDAR
ASSISTANT PROFESSOR
DEPARTMENT OF MINING ENGINEERING
NITK,SURATHKAL
P.O.SRINIVASANAGAR-575 025,
MANGALORE.
10. DR.K.B.KIRAN, PROFESSOR
DEPARTMENT OF HUMANITIES SOCIAL
SCIENCE AND MANAGEMENT
NITK, SURATHKAL,
P.O.SRINIVASANAGAR-575 025,
MANGALORE.
11. DR.ANANDHAN SRINIVASAN
ASSOCIATE PROFESSOR
DEPARTMENT OF METALLURGICAL ENGINEERING
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WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
NITK,SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
12. DR.RAVISHANKAR.K.S.
ASSISTANT PROFESSOR.
DEPARTMENT OF METALLURGICAL ENGINEERING
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025
MANGALORE.
13. MS S GANGAMMA,
ASSISTANT PROFESSOR
DEPARTMENT OF CHEMICAL ENGINEERING
NITK, SURATHKAL.
P.O.SRINIVASANAGAR-575 025
MANGALORE.
14. DR.P.E.JAGADEESHBABU,
ASSISTANT PROFESSOR
DEPARTMENT OF CHEMICAL ENGINEERING
NITK,SURATHKAL,
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
15. SRI.VASUDEV.M.
ASSISTANT PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
NITK,SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
16. DR.NAVIN KARANTH.P.
ASSISTANT PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
NITK,SURATHKAL.
P.O.SRINIVASANAGAR-575 025
MANGALORE.
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WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
17. SRI.SUBHASCHANDRA KATTIMANI,
ASSISTANT PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
NITK,SURATHKAL,
P.O.SRINIVASANAGAR-575 025,
MANGALORE.
18. DR.SANTHOSH GEORGE
PROFESSOR,
DEPARTMENT OF MACS, NITK,
SURATHKAL, P.O.SRINIVASANAGAR-575 025.
MANGALORE.
19. DR.MURULIDHAR.N.N
PROFESSOR
DEPARTMENT OF MACS
NITK,SURATHKAL
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
20. DR.APARNA.P.
ASSISTANT PROFESSOR
DEPARTMENT OF ELECTRONICS
& COMMUNICATION ENGINEERING
NITK,SURATHKAL,
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
21. DR.U.SRIPATI,
PROFESSOR
DEPARTMENT OF ELECTORNICS
& COMMUNICATION ENGINEERING
NITK,SURATHKAL,
P.O., SRINIVASANAGAR-575 0525.
MANGALORE.
22. DR.JOHN D'SOUZA,
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WP No. 34884 of 2014
PROFESSOR,
DEPARTMENT OF ELECTRONICS &
COMMUNICATION ENGINEERING
NITK, SURATHKAL,
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
23. SRI.RAGHAVENDRA RAO,
ASSISTANT PROFESSOR
DEPARTMENT OF ELECTRICAL &
ELECTRONICS ENGINEERING
NITK,SURATHKAL,
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
24. DR.PARTHIBAN.P.
ASSISTANT PROFESSOR
DEPARTMENT OF ELECTRICAL
& ELECTORNICS ENGINEERING
NITK,SURAHKAL
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
25. DR.DEBASHISH JENA,
ASSISTANT PROFESSOR
DEPARTMENT OF ELECTRICAL
& ELECTRONICS ENGINEERING
NITK, SURATHKAL.
P.O.SRINIVASANAGAR-575 025.
MANGALORE.
26. DR.DARSHAK RAMESH BHAI TRIVEDI,
ASSISTANT PROFESSOR
DEPARTMENT OF CHEMISTY,
NITK, SURATHKAL
P.O.SRINIVASANAGAR-575 025
MANGALORE.
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WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
27. DR.AJITH.K.M
ASSISTANT PROFESSOR
DEPARTMENT OF PHYSICS,
NITK,SURATHKAL,
P.O.SRINIVASANAGAR-575 025
MANGALORE.
28. DR.M.N.SATYANARAYAN,
ASSOCIATE PROFESSOR
DEPARTMENT OF PHYSICS
NITK, SURATHKAL,
P.O.SRINIVASANAGAR-575 025
MANGALORE.
29. UNION OF INDIA,
REPRESENTED BY IT SECRETARY.
MINISTRY OF HRD,
SHASTRI BHAVAN, NEW DELHI-110 001.
...RESPONDENTS
(BY SRI.P.S.RAJAGOPAL, SENIOR COUNSEL FOR
SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R-1, R-2 &
R-3 TO R-28;
SRI.H.SHANTHI BHUSHAN, DSGI, FOR R-29)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
RECOMMENDATIONS DATED NIL AS ON 31.12.2012 IN
RESPECT OF THE PETITIONERS VIDE ANNEXURE-T1 AS THE
SAME ARE VIOLATIVE OF ARTICLE 14, 16 AND 21 OF THE
CONSTITUTION, ETC.
IN W.P.No.34884/2014
BETWEEN:
1. DR.MERVIN HERBERT
S/O C.F.HERBERT
AGED ABOUT 50 YEARS,
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WP No. 13117 of 2009
C/W WP No. 12998 of 2009
WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
WORKING AS ASSISTANT PROFESSOR
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, P.O.SRINIVASANAGAR,
SURATKAL-575 025, MANGALORE
DAKSHINA KANNADA AND
R/AT AL-23, NITK CAMPUS,
SURATKAL-575 025, MANGALORE
DAKSHINA KANNADA.
2. DR.SRIKANTHA,
S/O SHRINIVASA RAO,
AGED ABOUT 47 YEARS,
WORKING AS ASSOCIATE PROFESSOR
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL 575 025, MANGALORE
DAKSHINA KANNADA AND RESIDING AT 1-142,
NEAR OLD SCHOOL
SASIHITHLU-574 180.
...PETITIONERS
(BY SRI.NARAYANA BHAT.M., ADVOCATE)
AND:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HUMAN RESOURCES
AND DEVELOPMENT
SHASTRI BHAVAN, NEW DELHI-110 001.
2. NATIONAL INSTITUTE OF TECHNOLOGY
REPRESENTED BY ITS REGISTRAR
P.O.SRINIVASANAGAR
SURATKAL 575 025,
MANGALORE
DAKSHINA KANNADA.
3 SRI.SUSHILCHANDRA TRIPATI, MAJOR
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WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
CHAIRMAN,
NATIONAL INSTITUTE OF TECHNOLOGY
PERMANENTLY R/AT No.27
SECTOR 15-A, NOIDA(UP)
PINCODE:201 301.
DELETED VIDE ORDER DATED:04.02.2015
4. THE DIRECTOR
NATIONAL INSTITUTE OF TECHNOLOGY
REPRESENTED BY ITS REGISTRAR
P.O.SRINIVASANAGAR
SURATKAL 575 025, MANGALORE
DAKSHINA KANNADA.
...RESPONDENTS
(BY SRI.H.SHANTHI BHUSHAN, DSGI FOR R-1 & R-2;
SRI.P.S.RAJAGOPAL SENIOR COUNSEL APPEARING FOR
SRI PUTTEGOWDA, ADVOCATE FOR R-2 & R-4;
V/O DATED 4.02.2015 R-3 IS DELETED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 19.05.2014 VIDE ANNEXURE-W AND
THE NOTIFICATION DATED NIL VIDE ANNEXURE-AA2 AND THE
SUBSEQUENT NOTIFICATION DATED NIL VIDE ANNEXURE-AA3
AS THE SAME ARE VIOLATIVE OF ARTICLES 14, 16 AND 21 OF
THE CONSTITUTION OF INDIA, ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 12999 of 2009
WP No. 7211 of 2012
WP No. 11878 of 2013
WP No. 11880 of 2013
WP No. 34884 of 2014
ORDER
1. In this batch of writ petitions, the petitioners are Dr.Shrikantha S.Rao and Dr.Mervin A.Herbert.
2. In some cases, they have filed writ petitions individually, and in some cases, they have filed writ petitions jointly.
3. Both of them are principally aggrieved by the refusal of the respondent-National Institute of Technology Karnataka (NITK) ('the Institute', for short) in not appointing them under the Career Advance Scheme and also under direct recruitment.
4. However, after they filed writ petitions in the year 2009, their cases came up for consideration of financial upgradation by the Institute. The respondent--Institute, by the impugned orders in WP Nos.11878 of 2013 and 11880 of 2013, has refused to consider their case for
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5. It is the common case of both parties that if the question of financial upgradation of the petitioners is decided and their entitlement to be selected is considered in light of the one-time relaxation granted by the Ministry of Human Resources Development, Department of Higher Education on 06.10.2017 (pursuant to the recommendation of Anomaly Committee on new recruitments), the other writ petitions filed by them challenging the recruitment would become academic in nature.
6. It is not in dispute that the petitioners' cases came up for consideration before the Selection Committee for upgradation of their pay-band and academic grade pay, on
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7. The Institute, instead of considering their cases of upgradation, though there was no impediment of any kind, such as an interim order passed in the writ petitions, has proceeded to refuse the consideration of their cases solely on the ground that the writ petitions were pending consideration.
8. The mere pendency of these writ petitions, in which recruitment had been challenged, cannot be an embargo for the Institute to consider the case of the petitioners for financial upgradation. It is, therefore, clear that the decision of the Selection Committee and the consequent decision of the Board of Governors refusing to consider the case of the petitioners for financial upgradation would be illegal, and the same cannot, therefore, be sustained.
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9. However, at this stage, it is to be noticed that in order to bring a quietus to the litigation and pursuant to an interim order passed by this Court in this batch of writ petitions, the Institute had appointed Prof.H.V.Sudhaker Nayak as the enquiry officer to consider the grievances of the petitioners and submit a report. Prof.H.V.Sudhaker Nayak, accordingly, had considered the grievances of both the petitioners.
10. In respect of the grievances of Dr.Mervin A.Herbert (MAH), Prof.H.V. Sudhaker Nayak proposed the following solution:
" Solution:
Since Flexible Staff Structure is in vogue, MAH may be selected for Professor post with financial benefits from 2017 by another selection committee (with predetermined terms & conditions) and he should be made to withdraw all writs unconditionally."
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11. Prof.H.V.Sudhaker Nayak, in fact, took into consideration the deposition of Dr.Mervin A.Herbert, which is to the following effect:
"IO: In 2015 you were not eligible for Professor post, I suppose. Any other thing you wish to say?
MAH: Already explained while stating my grievances. If I get Professor post in 2017 selection, will withdraw all my WPs provided my financial losses are made good.
IO: If this proposal of granting Professor post w.e.f. 2017 and financial benefit to make good the earlier losses from that date is agreed upon by BoG, do you agree?
MAH: Yes, I will.
Sd/- 18/9/2018 Sd/- 18/9/2018
Signature Signature
Dr.Mervin A Herbert Inquiry Officer"
12. In respect of the grievances of Dr.Shrikantha S.Rao (SSR), the solution proposed by Prof.H.V.Sudhaker Nayak is as follows:
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NC: 2023:KHC:34906 WP No. 13117 of 2009 C/W WP No. 12998 of 2009 WP No. 12999 of 2009 WP No. 7211 of 2012 WP No. 11878 of 2013 WP No. 11880 of 2013 WP No. 34884 of 2014 "Solution:
SSR could have been selected as Professor under CAS in 2008 selection like other faculty as he was fulfilling all the requirements. Since there is no change in the designation that he currently enjoys, he may be given the Professor post w.e.f. 2008 selection. It looks that the financial burden to the institute, if Professor post is given w.e.f. 2008 selection, is very marginal and SSR has expressed his willingness to forego the financial claim IN CASE the selection dates back to 2008 selection; besides, he is ready to withdraw all his WPs if this proposal is accepted by the Board of Governors and implemented with immediate effect."
13. As could be seen from the above, both petitioners had agreed for the solutions proposed by Prof.H.V.Sudhaker Nayak. However, the solutions proposed were not accepted by the Board for reasons which would not be germane to the disposal of these petitions.
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14. Since, both petitioners have agreed to the solutions proposed by Prof.H.V.Sudhaker Nayak, in my view, without driving them to a further round of litigation, it would be appropriate to direct the respondents--Institute to accept the solution proposed by Prof.H.V.Sudhaker Nayak, as this would tantamount to a mutually agreed solution between the petitioners and the Institute.
15. This mode is required to be adopted in order to ensure that the petitioners, who are academicians, are permitted to get on with their academic and professional life instead of pursuing litigation which would be fruitless for both the Institute as well as for the petitioners.
16. I, therefore, direct the respondents--Institute to implement the solutions suggested by Prof.H.V.Sudhaker Nayak which has also been agreed upon by the petitioners and take appropriate action in this matter.
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17. Having regard to the fact that the petitioners are litigating for nearly a decade, it would be appropriate for the Institute to implement the above direction within a period of three months from the date of receipt of a copy of this order.
18. WP Nos.11878 of 2013 and 11880 of 2013 are disposed of accordingly.
19. In view of the orders passed in WP Nos.11878 and 11880 of 2013, the prayers made in the other writ petitions would not survive for consideration, and therefore, they are accordingly disposed of as having become unnecessary.
Sd/-
JUDGE RK CT: SN List No.: 2 Sl No.: 1