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Karnataka High Court

Sri Rahul N Shambu vs The University Of Mysore on 4 June, 2019

Author: S.Sujatha

Bench: S.Sujatha

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 4TH DAY OF JUNE, 2019

                        BEFORE:

          THE HON'BLE MRS. JUSTICE S.SUJATHA

        WRIT PETITION No.9806/2019 (EDN - RES)

BETWEEN:

SRI. RAHUL N. SHAMBU
S/O S. NINGAIAH
AGED ABOUT 29 YEARS
R/O No.2, SIDDANAHUNDI
VYSARAJAPURA POST, SOSALE HOBLI
T. NARASIPURA TALUK
MYSURU DISTRICT - 571120.
                                         ... PETITIONER

                [BY SRI H.J. ANANDA, ADV.]

AND:

1.     THE UNIVERISITY OF MYSORE
       REPRESENTED BY ITS VICE CHANCELLOR
       CRAWFORD HALL
       MYSURU - 570005

2.     THE CO-ORDINATOR
       RESEARCH CENTRE, UNIVERSITY OF MYSORE
       PAREEKSHA BHAVAN, CRAWFORD HALL
       MYSURU - 570005.

3.     HEAD OF THE DEPARTMENT
       INSTITUTE OF DEVELOPMENT STUDIES
       UNIVERSITY OF MYSORE
       MANASA GANGOTHRI
       MYSURU - 570005.
                                        ...RESPONDENTS
         [BY SRI T.P. RAJENDRA KUMAR SUNGAY, ADV.]
                               -2-


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS
01.01.2018, 08.05.2018, 29.11.2018 AND 22.01.2019 VIDE AT
ANNEXURES - B, C, D & J FILED BY THE PETITIONER
FORTHWITH.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

Heard the learned counsel appearing for the parties.

2. The petitioner has sought for a direction to the respondents to consider the representation submitted by him at Annexure - J dated 22.01.2019 to admit the petitioner to Ph.D program in Agri Business Management based on the Eligibility Certificate for the Ph.D program dated 30.03.2016 issued by the respondents - university.

3. It is the contention of the petitioner that he belongs to Schedule Caste category and is interested to pursue the Ph.D. program in Agri Business Management. On the vacancies created to the Ph.D -3- program of Agri Business Management pursuant to the Ph.D. thesis submitted by Mr. Sandeep in Agri Business Management, the petitioner has submitted a representation dated 22.01.2019 as per Annexure - J to the writ petition but the same has not been considered till date.

4. Learned counsel appearing for the respondents - University submitted that in terms of Annexure - F dated 17.12.2018, the representations submitted by the petitioner were considered and there being no vacancies relating to the Agri Business Management Course for Ph.D. Program, the same was communicated to the petitioner.

5. However, prima-facie it appears that the representations submitted on 22.01.2019 pursuant to the vacancies created as per Ph.D thesis submitted by Mr. Sandeep, the request of the petitioner deserves to be considered in accordance with law. -4-

6. Hence, this Court is of the considered opinion that the ends of justice would be sub-served in directing respondent No.2 to consider the representation of the petitioner at Annexure - J in accordance with law and is ordered accordingly.

Compliance of this order shall be made within a period of four weeks from the date of receipt of certified copy of this order.

Writ petition stands disposed of accordingly.

Sd/-

JUDGE PMR