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Karnataka High Court

Dr.M.S. Kitturamath vs The Registrar on 2 March, 2017

Author: A.N.Venugopala Gowda

Bench: A.N. Venugopala Gowda

                            1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 2ND DAY OF MARCH, 2017

                        BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

          WRIT PETITION NO.11893/2013 (S-RES)

BETWEEN:

Dr. M.S. KITTURAMATH
S/O. S.S. KITTURMATH
AGED ABOUT 33 YEARS
NO.1958/11, JANANI
8TH CROSS, 'A' BLOCK,
S.S.LAYOUT
DAVANAGERE-04
AND ALSO WORKING AS
FARM SUPERINTENDENT AT
AGRICULTURAL RESEARCH STATION MALNOOR
UNIVERSITY OF AGRICULTURAL SCIENCES RAICHUR.
                                        ... PETITIONER

(BY SRI MOHAMED SHAFIULLA, ADV. - ABSENT)

AND:

1.      THE REGISTRAR
        UNIVERSITY OF HORTICULTURAL SCIENCE
        SECTOR NO.60, NAVANAGAR
        BAGALKOT - 587 103.

2.    THE REGISTRAR
      UNIVERSITY OF AGRICULTURAL SCIENCE RAICHUR
      POST BOX NO.329
      RAICHUR - 584 102.
                                        ... RESPONDENTS
(BY SRI D.G. LAKSHIMPATHI, ADV. FOR R1;
    SRI K.G. NAYAK, ADV. FOR R2)
                              2




      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE NOC BY
THE 2ND RESPONDENT TO ATTEND THE INTERVIEW ON
13.03.2013 AT RESPONDENT NO.1 INSTITUTION FOR THE POST
OF ASSISTANT PROFESSOR OF AGRICULTURAL ENTOMOLOGY
VIDE ANNEXURE-C, IN ALTERNATIVE FURTHER PASS AN ORDER
THAT THE RESPONDENT NO.1 SHALL INTERVIEW THE
PETITIONER FOR THE SAID POST EVEN WITHOUT NOC.

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

                          ORDER

The petitioner, Farm Superintendent at Agricultural Research Station, Malnoor, filed this writ petition on 06.02.2013, asking for a mandamus as against respondent No.2, to issue NOC to attend the interview on 13.03.2013, in the Office of respondent No.1, for the post of 'Assistant Professor of Agricultural Entomology' or in the alternative to direct respondent No.1 to interview the petitioner without the NOC of respondent No.2.

2. On 07.03.2013, an ad interim order was passed and respondent No.1 was directed to permit the petitioner to attend the interview scheduled to be held on 13.03.2013, without insisting on production of NOC of respondent No.2 - employer of the petitioner. 3

3. Sri K.G. Nayak, learned advocate submitted that though the petitioner appeared in the interview conducted by respondent No.1 on 13.03.2013, he failed to qualify and thus was not selected.

4. There is no appearance for the petitioner. In view of the events which have taken place supra, the petition does not survive for consideration and stands disposed of accordingly, with no order as to costs.

Sd/-

JUDGE ca