Karnataka High Court
Sathees Naik.T vs The Vice Chancellor And Chairman on 27 July, 2023
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 103657 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
W.P.No.103657/2017 (S-RES)
BETWEEN:
SATHEES NAIK T S/O TOGYA NAIK,
AGE: 29 YEARS,
POST: MADAKARIPURA,
CHITRADURGA-577524.
... PETITIONER
(BY SRI S.C.BHUTI, ADVOCATE)
AND:
1. THE VICE CHANCELLOR AND CHAIRMAN,
BOARD OF MANAGEMENT,
VISHAL UNIVERSITY OF AGRICULTURAL SCIENCES,
NINGAPPA KRISHINAGAR, DHARWAD-580005.
PATTIHAL
2. THE REGISTRAR AND MEMBER SECRETARY,
Digitally signed by
VISHAL NINGAPPA BOARD OF MANAGEMENT,
PATTIHAL
UNIVERSITY OF AGRICULTURAL SCIENCES,
Date: 2023.07.27
16:52:51 +0530 KRISHINAGAR, DAHRWAD-580005.
3. MR. SHIVALINGAPPA HOTKAR,
AGED ABOUT 26 YEARS,
ASST. PROFESSOR/
SCIENTIST AICRP, CHICKPEA,
AGRICULTURE RESEARCH STATION,
ALAND ROAD, KALBURGI-585301.
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WP No. 103657 of 2017
4. MR. NARASIMHAMURTHY H.B.,
AGED ABOUT 27 YEARS,
IIIST PH.D, DEPARTMENT OF PLANT PATHOLOGY,
UNIVERSITY YOF AGRICULTURAL AND
HORTICULTURAL SCIENCES,
SHIVAMOGGA-577204.
5. MR. HANAMANTH S/O BASANNA,
AGED ABOUT 27 YEARS,
1ST PH.D., EPARTMENT OF PLANT
PATHOLOGY,GANDHIKRISHI VIGYANA KENDRA,
UNIVERSITY OF AGRICULTURAL SCIENCES,
BENGALURU-560065.
... RESPONDENTS
(BY SRI RAMACHANDRA A MALI, ADVOCATE FOR R2;
SRI MRUTYUNJAYA TATA BANGI, ADVOCATE FOR R3;
SRI SURESH S SHETTEMMANNAVAR, ADVOCATES FOR R4;
R1 & R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE PROCEEDINGS OF 35TH MEETING OF THE BOARD
OF MANAGEMENT HLED ON 25.03.2017 IN IT M NO.14 IN
RESPECT OF RECRUITMENT TO THE VARIOUS POST OF
ASSISTANT PROFESSOR IN UAS, DHARWAD PASSED BY THE
1ST RESPONDENT VIDE ANNEXURE-M IN SO FAR AS IT
RELATES TO SC(1) RURAL & ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 21.07.2023, COMING ON FOR
'PRONOUNCEMENT OF ORDER, THIS DAY THE COURT MADE
THE FOLLOWING:
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WP No. 103657 of 2017
ORDER
1. The petitioner who had unsuccessfully participated in the recruitment process that was held to the post of Assistant Professor (Plant Pathology) under Scheduled Caste Rural category by the respondent-University, is before this Court seeking for the following reliefs:
(i) to quash the proceedings of 35th meeting of the board of management held on 25.03.2017 in Item No.14 in respect of recruitment to the various post of Assistant Professor in UAS, Dharwad, passed by the 1st respondent vide Annexure-M in so far as it relates to SC(1) Rural.
(ii) Direct the Respondents 1 & 2 to appoint the petitioner herein to the post of Assistant Professor in UAS, Dharwad.
(iii) Pass such other order or orders as deem it necessary on the facts and circumstances of the case in the interest of justice and equity.
2. Heard the learned Counsel for the parties.
3. Facts leading to filing of this writ petition as revealed from the records narrated briefly are, in response to the notification published by the respondent-University calling for applications from eligible candidate to fill up the post of -4- WP No. 103657 of 2017 Assistant Professor (Plant Pathology) which was reserved for Scheduled Caste Rural category, the petitioner and other eligible candidates had submitted their applications.
4. The petitioner, respondent nos.3 to 5 and other eligible candidates were called for interview by respondent no.2 and the Selection Committee had awarded marks to the candidates based on their merit and had forwarded the same to the Board of Management for its approval. In the meeting of the Board of Management that was held on 25.03.2017, respondent no.3 who had secured overall highest percentage of marks, was selected to the post of Assistant Professor (Plant Pathology) which was reserved for Scheduled Caste Rural category and respondent nos.4 & 5 were placed in the reserve list. Being aggrieved by the same, the petitioner is before this Court urging the following grounds:
• That the Selection Committee has not followed their own guidelines while awarding marks to the candidates.
• That respondent nos.3 to 5 were not at all eligible as on the date of their application for applying to the post of Assistant Professor (Plant Pathology).
• That respondent nos.3 to 5 had not published requisite number of full length papers as on the date of their -5- WP No. 103657 of 2017 application and inspite of the same, they were called for interview and were awarded marks for papers which were not at all published by them as on the date of the application.
• That the papers which were published subsequently, have been taken on record by the Selection Committee and candidates who were not eligible even to participate in the recruitment process were selected.
5. The respondents, after service of notice, have filed detailed statement of objections. In the statement of objections filed by respondent nos.1 & 2, it was contended that the petitioner knowing fully well about the terms and conditions of recruitment process and the score card had voluntarily participated in the selection process, and therefore, he cannot now turn around and challenge the selection process merely for the reason that he was unsuccessful. Adverting to the contention that respondent nos.3 to 5 were not eligible for participation in the recruitment process, respondent nos.1 & 2 have stated in their statement of objections that respondent nos.3 to 5 had published requisite number of full length papers as on the date of their application and the applications of all the candidates were scrutinized by qualified academic and technically experienced persons, and therefore, there was no -6- WP No. 103657 of 2017 justification to the allegations made by the petitioner. The allegations of the petitioner that though he was qualified, his candidature was not considered and less marks were awarded to him for his publications were also denied and it was stated that petitioner was awarded maximum admissible 15 marks for his scientific publications. It was stated that scientific publications of respondent nos.3 to 5 were verified by the experts in the Selection Committee and based on merit, marks were awarded. The copy of the score card indicating the marks awarded to the eligible candidates including the petitioner and respondent nos.3 to 5 by the Selection Committee was produced as Annexure-R1. The comparative statement and extract of the said score card in respect of the petitioner and respondent nos.3 to 5 reads as under:
Marks obtained for Achieve-
ments in
Special
Aca- sports & Inter- Total
Medals/ Experi- attain-
demic cultural Publi- view marks
Awards/ ence in ments
l. Name qualifi- activities/ cations perfor- obtained
Recog. T/R/E in Aca.
No. cation NCC/NSS/ mance
Field
SG
Activities
(45 (6 (15 (5 (15 (10 (100
(4 marks)
marks) marks) marks) marks) marks) marks) marks)
1 Hanamant 17.083 0.0 0.0 1.50 0.0 10.0 4.0 32.583
S/o
Basanna
2 Shiva- 17.761 0.0 0.0 0.875 0.0 11.50 8.0 38.136
lingappa
Hotkar
3 Narasimha 17.908 0.0 0.0 0.0 0.00 15.00 4.00 36.968
Murthy.
H.B.
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WP No. 103657 of 2017
4 Sateesh 9.82 0.0 0.0 2.5 0.0 15.0 5.00 32.32
Naik
6. Respondent no.3 who is the selected candidate had also filed statement of objections denying the petition averments and contended that he had duly published requisite number of full length papers as on the date of publication and he being the more meritorious candidate was rightly selected by the Selection Committee to the post of Assistant Professor (Plant Pathology).
7. After completion of the pleadings, when the matter was posted for hearing before the Court on 10.07.2023, learned Counsel for the petitioner made submissions disputing the correctness of the statements made by respondent nos.1 to 3 in their statement of objections. He submitted that as on the date of their application, respondent nos.3 to 5 did not have requisite number of full length publications and if the records are called for, he would be able to demonstrate the same before this Court. He also made allegations of bias and mala fides against the Selection Committee.
8. Considering the seriousness of the allegations which was being made by the learned Counsel for the petitioner, on -8- WP No. 103657 of 2017 instructions from the petitioner who was present in the Court, this Court had put them on notice regarding the seriousness of their allegations against the Selection Committee and the Board of Management which consisted of qualified and experienced academicians. Inspite of the same, the petitioner stood by his allegations and it is under the said circumstances, this Court on 10.07.2023 had passed the following order.
"Learned counsel appearing for the petitioner submits that respondent Nos.3 to 5 were not at all qualified to be appointed to the post of Assistant Professors, since they had not published the requisite number of full length papers in the journals as on the date of filing their application. He submits that the committee has favoured respondent Nos.3 to 5 though they were not eligible and the committee has given them marks for the papers which they had not published.
This submission is made after respondent Nos.2 & 3 have filed their statement of objections producing the marks secured by all the candidates.
A serious allegation is made by the petitioner against the expert committee constituted by respondent No.1 - University consisting of reputed and experienced academicians and therefore, the petitioner is put to notice that in case, if -9- WP No. 103657 of 2017 respondent Nos.1 & 2 produce necessary material before this Court to show that respondent Nos.3 to 5 were duly qualified to be considered to be appointed to the post of Assistant Professors as on the date of their application, the petitioner will have to pay an exemplary cost of Rs.10,00,000/- (Rupees ten lakhs only).
The petitioner has readily agreed for the same and it is submitted that the petitioner stands by the allegations made against the respondents.
Under the circumstances, respondent Nos.1 & 2 are directed to produce necessary material before this Court to show that respondent Nos.3 to 5 were duly qualified to be appointed to the post of Assistant Professors pursuant to the notification at Annexure-A, by the next date of hearing along with an affidavit of the competent Officer.
Re-list this matter on 17.07.2023."
9. On 17.07.2023, learned Counsel appearing for respondent nos.1 & 2 submitted that in compliance of the order dated 10.07.2023, the responsible officer of the respondent- University was present with an affidavit and he also submitted that the original records were also available before the Court for verification. He further submitted that the petitioner had
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WP No. 103657 of 2017 produced documents at Annexures-H, J & K along with the writ petition which are not part of the original records and which are not submitted by respondent nos.3 to 5. Considering the said submission made by the learned Counsel for respondent nos.1 & 2, he was directed to file a detailed affidavit and the matter was adjourned to 18.07.2023.
10. On 18.07.2023, learned Counsel for respondent nos.1 & 2 has filed a detailed affidavit of one Sri Sanganbasappa Siddaramappa Angadi, Registrar of the respondent-University. In paragraphs 4 to 6 of the said affidavit, it has been stated as under:
"4. Further I submit that, the petitioner has enclosed certain documents along with the writ petition at Annex- H, J and K claiming to be the scientific publication documents submitted by respondents 3 to 5 along with their applications. However, from thorough verification of the university records pertaining to the original applications submitted by the respondents 3 to 5 to the university, it is seen that Annex-H document at page No. 42 produced along with writ petition is not part of application of R-3 and Annex-H is only photo copy of internet downloaded page extract from the website Indianjournals.com. Similarly,
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page Nos. 43 to 52 of Annex-H are also internet downloaded page extracts which are not part of original application of R-3. Further the documents produced at Annex- J from page No. 61 to 77 claiming to be the scientific publications of R-4 are not at all part of documents submitted by R-4 along with his original application and these are not the publications claimed by R-4 in his application. Further Annex- K documents from page No. 101 to 109 produced by the petitioner along with the writ petition claiming to be scientific publications of R-5 are also not part of the documents submitted by R- 5 along with his original application. Here it is submitted that the petitioner has produced certain documents at Annex- H, J and K claiming to be scientific publications in respect of Respondents 3 to 5. But these are not the copies of the original publications published in the journals. These are internet page extracts obtained from internet search engines like Indianjournals.com, which is neither a journal nor a publisher of journals. Indianjournals.com is an online platform wherein scientific publications published in various journals are uploaded for the public.
5. Further, I state that the petitioner has filed the above petition on 13-4-2017 and submitted documents along with the petition as annexures. However, the petitioner obtained the copies of
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applications submitted by R-3 to R-5 from the university under RTI Act on 19-6-2017 i.e. subsequent to filing of the writ petition. Thereafter, though the university has supplied copies of all the documents submitted by respondents 3 to 5 along with their respective applications, but the petitioner produced the same before this Hon'ble Court along with his rejoinder. However, from the copies of applications and documents served by the petitioner to the university counsel, it is seen that certain crucial documents and pages in respect of scientific publications of R-3 and R-4 have been randomly removed and certain documents which are not part of the original applications have been deliberately inserted to mislead this Hon'ble Court. Details of such deletions and additions of papers made by the petitioner are as under :-
i. In the copy of application of Respondent No. 3 said to have been obtained under RTI and produced at Annexure P, the petitioner has added a document after page 12, with a title Environment & Ecology which is not there in the original application. Further, petitioner has added copy of Annexure H document of Writ Petition in RTI application copy of R3 after page 37. Further, page No.83, 84 & 85 (Journal page No.155, 156, 101) and page Nos 96,97,98 and 99 (Journal page
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No.37,38,39,40) are missing from the copy obtained under RTI.
ii. Likewise, the petitioner has produced copy of application and documents submitted by R-4 at Annexure-Q along with the rejoinder which is again said to have been obtained from University under RTI application. The perusal of the copy of Annexure-Q served to the University discloses that page Nos. 21 to 23, 26, 27, 33,34,38,40,43,44, 61 and 69 are missing in the copy.
6. I state that the claim of petitioner in the petition that, the 3rd respondent had only 1 full length paper publication and 4 abstracts, and there are no paper publications in respect of 4th respondent and 5th respondent possessed only 1 full length paper publication and 4 abstracts, is false and baseless. In fact, the respondents No.3,4,5 have submitted several scientific publications along with their applications. Further, copies of these publications are submitted along with applications by the respondents No.3 to 5 within the last date prescribed for submitting application to the university. The details of the scientific publications submitted by the respondents No. 3,4 & 5 along with their applications are furnished as below.
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WP No. 103657 of 2017 A. ABSTRACT OF SCIENTIFIC PUBLICATIONS OF RESPONDENTS NO. 3, 4 & 5 Sl. Particulars of publications Authorship No of No. position publications Upto Beyond submitted rd and 3 within along with 3 rd application
1. Mr.ShivalingappaHotkar (Respondent No.3) 1 Full length papers published in 4 4 refereed scientific journals (International level) 2 Full length papers published in 3 3 refereed scientific journals (National level) 3 Research Note/Abstracts 10 8 18 published in Journal / Seminar / Symposium / Conference 4 Research bulletins/extension 1 1 bulletins / chapters in books published by Universities / National Institutes / Govt. Departments / Standard Commercial Publishers / Training Manuals / Laboratory Manuals
2. Mr. Narasimhamurthy H.B. (respondent No.4) 1 Full length papers published in 5 6 11 refereed scientific journals (International level) 2 Full length papers published in 1 1 refereed scientific journals (National level) 3 Research Note/Abstracts 7 4 11 published in Journal / Seminar / Symposium / Conference 4 Full length papers presented & 1 1 2 published in Seminar/Symposia/Conferences 5 Books published by individuals 4 1 5 6 Chapters in books published by 1 1 2 Universities / National Institutes / Govt. Departments / Standard Commercial Publishers / Training Manuals / Laboratory Manuals
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WP No. 103657 of 2017 Sl. Particulars of publications Authorship No of No. position publications Upto Beyond submitted rd and 3 within along with 3 rd application 7 Extension leaflets / Folders / 5 2 7 Brochures published by
Universities / National Institutes / Govt. Departments / Standard Commercial Publishers 8 Popular articles published in 1 1 leading dailies / Institutional / Government departmental periodicals / Radio Talks / TV programmes/ Phone-in Programmes
3. Mr. Hanumanth B. (respondent No.5) 1 Full length papers published in 1 1 refereed scientific journals (International level) 2 Full length papers published in 2 2 refereed scientific journals (National level) 3 Research Note/Abstracts 4 4 published in Journal / Seminar / Symposium / Conference 4 Popular articles published in 10 10 leading dailies / Institutional / Government departmental periodicals / Radio Talks / TV programmes/ Phone-in Programmes B. DETAILS OF SCIENTIFIC PUBLICATIONS OF RESPONDENT NO.3 (MR. SHIVALINGAPPA HOTKAR)
1) Full length papers published in refereed scientific journals:
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WP No. 103657 of 2017 Sl. Title Authorship position Year, name Volume, Issue& No. Upto and Beyond of the Year rd rd within 3 3 periodical International level : 1 Survey for 7 2016, Vol.10(1), Received: Pomegranate wilt Journal of 23 October, 2105, complex Caused by Pure and Accepted: 12 Ceratocystis fimbriata Applied December, 2015, and Meloigogyne Microbiology Issue: March 2016 incognita in Northern Karnataka. 2 Studies on Interaction 7 2016, Vol.10(1), between Ceratocystis Journal of Received: 09 fimbriata and Pure and October, 2105, Meloigogyne incognita Applied Accepted: 30 on Pomegranate wilt Microbiology November, 2015, complex. Issue: March 2016 3 Integrated 7 2016, Vol.10(1), Management of Journal of Received: 27 Ceratocystis fimbriata Pure and October, 2105, Causing wilt in Applied Accepted: 09 Pomegranate. Microbiology December, 2015, Issue: March 2016 4 Management of 8 2016, Vol.10(1), PomegranatewiltComple Journal of Received: 11 x Caused by Pure and October, 2105, Ceratocystis fimbriata Applied Accepted: 24 and Meloigogyne Microbiology December, 2015, incognita. Issue: March 2016 National level: 1 Biology and 1 2016, Vol. 9(6), development of root-knot Research in Received: nematode (M. incognita) Environment 16.11.2015, on Patchouli. and Life Revised Received: Sciences. 11.05.2016, Accepted: 14.05.2016 June 2016 Issue, PNo.669-671. 2 Management of M. 1 2016, Vol. 9(6), incognita infesting Research in Received: Patchouli under field Environment 19.11.2015, condition. and Life Revised Received: Sciences. 10.05.2016, Accepted: 14.05.2016 June 2016 Issue, PNo.676-680. 3 Integrated Management 1 2016, Vol. 5(9), of Root Knot Nematode Advances in Received: - 17 - WP No. 103657 of 2017 Sl. Title Authorship position Year, name Volume, Issue& No. Upto and Beyond of the Year rd rd within 3 3 periodical Infesting Patchouli Life 27.04.2016, Under Field Condition. Sciences. Accepted: 02.05.2016, May 2016 Issue, P. No. 3853-3859. 2) Research Note/Abstracts published in Journal / Seminar / Symposium / Conference: Sl. Title Authorship position Year, name of the Volume & No. Upto and Beyond periodical Issue rd rd within 3 3 1 Evaluation of 1 2014, National pp-24. biorationals for Symposium on Plant Issue:11-12 management of root Diseases: New December, knot nematode Perspectives and 2014 (Meloidogyne incognita) Innovative infesting carrot Management Strategies. 2 Management of banana 6 2014, National pp- 25 burrowing nematode Symposium on Plant Issue:11-12 (Rodopholussimilis) Diseases: New December, using bio-inoculants Perspectives and 2014 Innovative Management Strategies. 3 Integrated Management 6 2014, National pp- 23 of root knot nematode, Symposium on Plant Issue:11-12 Meloidogyne incognita Diseases: New December, infesting pomegranate Perspectives and 2014 Innovative Management Strategies. 4 Management of root 6 2014, National pp- 13 knot nematode Symposium on Plant Issue:11-12 (Meloidogyne incognita) Diseases: New December, in transplanted rice Perspectives and 2014 Innovative Management Stratergies. 5 Rapid row Survey: 3 2016, National pp-111 Status of Pest and Symposium on Recent Issue:5-6 Disease of Major crops trends in Plant January, of Gulbarga Pathological research 2016 and education - 18 - WP No. 103657 of 2017 Sl. Title Authorship position Year, name of the Volume & No. Upto and Beyond periodical Issue rd rd within 3 3 6 Management of 1 2016, National pp- 214 (Meloidogyne incognita) Symposium on Recent Issue:5-6 on Patchouli under trends in Plant January, Natuaral Epiphytotic Pathological research 2016 condition and education 7 Biology and 1 2016, National pp- 215 development of root Symposium on Recent Issue:5-6 knot nematode trends in Plant January, (Meloidogyne incognita) Pathological research 2016 on Patchouli under pot and education condition 8 Screening of Pigeonpea 6 2016, National pp- 144 Germplasm against Symposium on Recent Issue:5-6 Fusarium Wilt and trends in Plant January, sterility Mosaic Disease Pathological research 2016 (SMD) and education 9 GRG-811-A Wilt and 7 2016, National pp- 146 Sterility Mosaic Disease Symposium on Recent Issue:5-6 Resistant Early Medium trends in Plant January, Duration Pigeonpea Pathological research 2016 Variety and education 10 Evaluation of 7 2016, National pp- 147 PigeonpeaMinocore Symposium on Recent Issue:5-6 collections against trends in Plant January, sterility Mosaic Disease Pathological research 2016 (SMD) and education 11 Efficacy of New 7 2016, National pp- 01 Fungicide Molecules Symposium on Recent Issue:5-6 Taqat 75% WP as seed trends in Plant January, treatment against Pathological research 2016 Pigeonpea Wilt caused and education by Fusarium udum 12 Management of 7 2016, National pp- 181, Pigeonpea Wilt caused Symposium on Recent Issue:5-6 by Fusarium trends in Plant January, udumthrough bioagents Pathological research 2016 and education 13 Efficacy of Pasturia 1 2016, National pp-14, th penetrance against of conference on 17 root-knot nematode, advances in Feb.,2016 Meloidogyne biodiversity, science, incognitainfesting brinjal engineering and the environment. 14 Biomanagement of root- 1 2016, National pp-14-15, th knot nematode, conference on 17 Meloidogyne advances in Feb.,2016 incognitainfesting biodiversity, science, tomato using Glomus engineering and the fasciculatum environment. - 19 - WP No. 103657 of 2017 Sl. Title Authorship position Year, name of the Volume & No. Upto and Beyond periodical Issue rd rd within 3 3 15 Nutritional status in okra 1 2016, National pp-15-16 th infested with root-knot conference on 17 nematode as influence advances in Feb.,2016 by bioinoculants biodiversity, science, engineering and the environment 16 Screening of BC4F1, 2 2016, National pp-39 th BC5F1 and F1 conference on 17 Generations for advances in Feb.,2016 Fusarium Wilt biodiversity, science, and SMD diseases engineering and the reaction in Pigeonpea environment [Cajanus cajan (L) Millsp.] 17 Investigation on wilt 2 2016, National pp-40 th complex in conference on 17 pomegranate and its advances in Feb.,2016 management biodiversity, science, engineering and the environment 18 Soil and water 3 2016, National pp- 37 th conservation conference on 17 advances in Feb.,2016 biodiversity, science, engineering and the environment
3) Research bulletins/extension bulletins / chapters in books published by Universities / National Institutes / Govt. Departments / Standard Commercial Publishers / Training Manuals / Laboratory Manuals.
Sl. Title Authorship position Name of the Year No. Upto and Beyond periodical rd rd within 3 3 1 Diseases of 4 2015-16 Agriculture 2015-16 Horticultural crops and college Kalaburagi their management PAT-302 (2+1) C. DETAILS OF SCIENTIFIC PUBLICATIONS OF RESPONDENT NO.4 (MR. NARASIMHAMURTHY H.B.)
1) Full length papers published in refereed scientific journals:
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WP No. 103657 of 2017 Sl. Title Authorship Name of the Volume, Issue & No. position periodical Year Upto and Beyond rd rd within 3 3 International level : 1 Evaluation of rice land 3 African 9(16):1128-1131, races against rice root Journal of 2015 knot nematode, Microbiology meloidogynegraminicola. research 2 Survival strategies of 3 CurrenttNema 25(1,2):25-29, 2015 Meloidogyne otology Graminicola under different soil ph regimes of rice growing districts of Karnataka 3 Status of Meloidogyne 3 CurrenttNema 26(1,2):7-12, 2015 Graminicola under otology different organic carbon regimes of rice growing districts of Karnataka 4 Investigation of rice root 2 Plant Disease 2016 Knot nematode and (American Weeds interactions inn Phytopathologi rice agro eco system cal Society, Journal) (Accepted for publication) 5 A novel approach for the 3 African 9(00):00-00, 2015 management of Root-knot Journal of nematode by using Acacia Microbiology compost and Bio-agents in research Tomato Field. 6 Prevalence of Root-knot 5 Pakistan 33(1):113-114, nematode (Meloidogyne Journal of 2015 Spp.) on Sunflower in Nematology Malnad region of Karnataka. 7 Incidence of Root-knot 6 Journal of 6(4):51-55, 2014 Nematode (Meloidogyne Entomology Incognita) in black pepper and in Karnataka Nematology 8 Ecofriendly management 6 Pakistan 32(1): 33-38, 2014 of Root-knot Nematodes Journal of using Acacia Compost and Nematology Bio-agents in Brinjal 9 Root-knot nematode 5 Pakistan 34(1):63-65, 2016 (Meloidogyne Spp.) on Journal of Coriander under Shade Nematology Net condition from Karnataka, India - 21 - WP No. 103657 of 2017 Sl. Title Authorship Name of the Volume, Issue & No. position periodical Year Upto and Beyond rd rd within 3 3 10 Status of Plant Parasitic 5 Current 24(1,2): 39-48, 2013 Nematode problems of Nematology Karnataka and their management with special reference to genus Meloidogyne 11 Quick wilt of Black 5 Current 24(1,2): 31-33, 2013 Pepper in Karnataka, India Nematology National level: 1 Survey and digital 6 Indian Journal 44(1): 27-31, 2014 mapping of Rice Root- of Nematology Knot Nematode incidence in Karnataka, India 2) Research Note/Abstracts published in Journal / Seminar / Symposium / Conference: Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue& rd rd within 3 3 Year 1 First report of Root-knot 3 Indian Journal of 45(1):121- Nematode (Meloidogyne Nematology 122, 2015 Spp.) on Garlic in India 2 Incidence of Root-knot 5 Indian Journal of 43:2, 2013 Nematode Meloidogyne Nematology Graminicola on Onion in Karnataka 3 Indigenous technique for 1 National Seminar on 2015 the management of Root- contextual relevance of knot Nematode in ITKs in Plant protection Cucumber under organized by ICAR- protected cultivation NCIPM and ICAR-IARI, New Delhi. pp. 4 Survey and mapping of 1 International Rice Nov:18-20, Rice Root-knot Symposium-IRS, pp. 515, Nematode in Shivamogga Hyderabad 2015 and Davanagere Districts of Karnataka State 5 Survey and integrated 1 National Symposium of 5-6 Jan, management of Rice recent trends in Plant 2016, Root-knot Nematode, Pathological research pp64-65 Meloidogyne and education, IPS (S-Z), Graminnicola UAS,Raichur 6 Status of Rice Root-knot 3 National Symposium of 5-6th Jan. Nematode (Meloidogyne recent trends in Plant p.3-4, Graminnicola) in Pathological research 2016 Karnataka and education, IPS (S-Z), UAS,Raichur - 22 - WP No. 103657 of 2017 Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue& rd rd within 3 3 Year 7 In vivo evaluation of 4 International Symposium 10-12 Dec, Turmeric genotypes on Plantation Crops, 2014 against root-knot (PLACROSYM-XXI), Nematode (Meloidogyne Calicut, organized by Spp.) ICAR-Indian Institute of Spices Research (ICAR- IISR), Calicut, Kerala 8 Galling pattern of 2 National Symposium on pp 114, Meloidogyne Nematode: A friend and 2013 Garminicola in foe of Agri-Horticulture Shivamogga, district of crops, Solan Karnataka 9 Evaluation of Rice 6 National Symposium on pp 114, Cultivors against Root- Nematode: A friend and 2013 knot Nematode foe of Agri-Horticulture Meloidogyne crops, Solan Graminicola (Golden and Brichfield) in the field 10 In-vitro evaluation of 1 6th International Feb. 23- Rice genotypes against Conference,Plant 27, P565, Rice Root-knot Pathogens and 2016 Nematode, Meloidogyne People,New Delhi Graminicola 11 Evaluation of Bio- 4 6th International Feb. 23- pesticides for the Conference,Plant 27, P402, management of Root- Pathogens and 2016 knot Nematode in Okra People,New Delhi
3) Full length papers presented & published in Seminar/ Symposia/ Conferences:
Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue & year rd rd within 3 3 1 Integrated management 3 National Seminar on pp.63-66, 29th of Root-knot Nematode contextual relevance of Oct. 2015 by using indigenous ITKs in Plant technological knowledge protection organized by and bio-agents in Bhendi ICAR-NCIPM and ICAR-IARI, New Delhi.
2 Innovative approach for 5 National Seminar on pp.133-134,
the management of pest contextual relevance of 29th Oct. 2015
and diseases in Ginger ITKs in Plant
protection organized by
ICAR-NCIPM and
ICAR-IARI, New
Delhi.
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WP No. 103657 of 2017
4) Books published by individuals.
Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue& rd rd within 3 3 year 1 Distribution of Rice 3 Published by Directorate P 24, 2014 Root-knot Nematode in of Research,UAHS, Karnataka, Karnataka Shivamogga Nematode Atlas-1 2 Comprehensive 3 Published by Directorate P 54, 2016 monograph of Rice Root- of Research,UAHS, knot Nematode Shivamogga (Meloidogyne Gramincola) 3 Compendium of new 3 Published by Directorate P 28, 2015 plant nematode diseases of Research,UAHS, of Karnataka Shivamogga 4 Guide for Plant 3 Published by Directorate P 23, 2015 Nematode disease of Research,UAHS, management Shivamogga 5 Pictorial guide - 4 Published by Directorate P 56, 2016 Important Nematode of Research,UAHS, Diseases of Karnataka Shivamogga
5) Chapters in books published by Universities / National Institutes / Govt. Departments / Standard Commercial Publishers / Training Manuals / Laboratory Manuals.
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue and
rd rd
within 3 3 year
1 Integrated management 3 Indigenous technologies pp.238,
of Root-knot Nematode in plant 2016
by using ITK and Bio- protection,published by
agents in Bhendi ICAR-NCIPM,New
Delhi
2 Innovative approach for 5 Indigenous technologies pp. 195-
the management of pest in plant 198, 2016
and diseases in Ginger protection,published by
ICAR-NCIPM,New
Delhi
6) Extension leaflets / Folders / Brochures published by Universities / National Institutes / Govt. Departments / Standard Commercial Publishers
- 24 -
WP No. 103657 of 2017
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue and
rd rd
within 3 3 year
1 ªÀÄĸÀÄQ£À eÉÆüÀzÀ dAvÀÄ 3 Director of Research, 2015
gÉÆÃUÀUÀ¼ÀÄ ªÀÄvÀÄÛ CªÀÅUÀ¼À UAHS,Shivamogga
¤ªÀðºÀuÉ
(Nematode diseases in
Maize and their
management)
2 ¨Á¼ÉAiÀÄ°è PÀAzÀÄ ªÀÄZÉÑ dAvÀÄ 3 Director of Research, 2015
ºÀļÀÄ«£À gÉÆÃUÀ ªÀÄvÀÄÛCzÀgÀ UAHS,Shivamogga
¤ªÀðºÀuÉ
(Burrowing Nematode of
Banana and its
management)
3 ¨sÀvÀÛ ªÀÄvÀÄÛ ªÀÄĸÀÄQ£À eÉÆüÀzÀ°è 3 Director of Research, 2015
dAvÀÄ gÉÆÃUÀUÀ¼À ¸ÀªÀÄUÀæ ¤ªÀðºÀuÉ UAHS,Shivamogga
(Integrated Nematode
disease management in
Rice and Maize)
4 ¸ÀAgÀQëvÀ ¨ÉøÁAiÀÄzÀ°è (¥Á°ªÀÄ£É 3 Director of Research, 2016
/ ºÀ¹gÀĪÀÄ£É) dAvÀÄ ºÀļÀÄ UAHS,Shivamogga
gÉÆÃUÀUÀ¼ÀÄ ºÁUÀÆ CªÀÅUÀ¼À
¤ªÀðºÀuÉ.
(Poly House Nematode
diseases and their
management)
5 ±ÀÄAn ªÀÄvÀÄÛ Cj²t ¨É¼ÉUÀ¼À 3 Director of Research, 2016
¥ÀæªÀÄÄRdAvÀÄ ºÀļÀÄ gÉÆÃUÀUÀ¼ÀÄ UAHS,Shivamogga
ºÁUÀÆ CªÀÅUÀ¼À ¤ªÀðºÀuÉ.
(Ginger and Turmeric
Nematode Diseases and
their management)
6 Safer use of pesticides 6 Director of Research, 2016
UAHS,Shivamogga
7 Rice Root-knot 5 Director of Research, 2014
Nematode management UAHS,Shivamogga
in Shivamogga,
Karnataka
7) Popular articles published in leading dailies / Institutional / Government departmental periodicals / Radio Talks / TV programmes/ Phone-in Programmes Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue and rd rd within 3 3 year 1 ShamrakshithaBhesayada 3 NegilaMiditha 1(1):2015 llijanthuhuluroogagalarir vahane
- 25 -
WP No. 103657 of 2017 D. DETAILS OF SCIENTIFIC PUBLICATIONS OF RESPONDENT NO.5 (MR.HANUMANTH B.)
1) Full length papers published in refereed scientific journals:
Sl. Title Authorship position Name of the Volume, Issue & No. Upto and Beyond periodical Year rd rd within 3 3 International level :
1 Apparent rate of infection 1 Progressive Vol.10(special -III):
and area under disease research - An 1665-1667, 2015 progress curve: A major International of slow rusting resistance Journal. in Pearl Millet genotypes Society for Scientific development in Agriculture and Technology Meerut.
(UP), India National level:
1 Components of slow 1 Journal of Vol.11(1) , 2016 rusting resistance in Perl Eco-friendly Millet genotypes Agriculture 2 Nature of Biochemical 1 Research in Vol.9,No 8/9, 2016 parameters in slow Environment rusting Pearl Millet and Life genotypes Sciences
2) Research Note/Abstracts published in Journal / Seminar / Symposium / Conference:
Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue& rd rd within 3 3 Year 1 Nature of slow rusting 1 National Symposium on pp.13, 11-12, resistance in Pearl Millet Plant Diseases: New December, genotypes perspectives and 2014 innovative management strategies 2 Effect of incubation 3 National Symposium on pp.105, 5-6 period, temperature Recent Trends in Plant Jan, 2016 levels, relative humidity Pathological Research and PH on conidial and education.
germination of Leveillula Taurica (Lev.) Arnaud, the causal agent of
- 26 -
WP No. 103657 of 2017
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 Year
powdery mildew of
Chickpea.
3 Biochemical mechanism 1 Rainfed-2015, National May 3-4,
of resistance in slow and Conference on 2015
fast rusting Pearl Millet Reinvigorating
genotypes. Agricultural Innovations
for Farmers
Empowerment and
development
4 Slow rusting resistance 3 International Conference Feb.23-27,
and integrated on Plant Pathogens and 2016
management of Pearl People
Millet rust in Karnataka,
India
3) Popular articles published in leading dailies / Institutional / Government departmental periodicals / Radio Talks / TV programmes/ Phone-in Programmes:
Sl. Title Authorship position Name of the Volume, No. Upto and Beyond periodical Issue& rd rd within 3 3 Year 1 £ÀAeÁ£ÀÄ §¼À¹ QÃl ¤ªÀðºÀuÉ, 1 PÀȶ «ÄvÀæ Jan 2015 J£ï.¦.«. UÀ¼À §¼ÀPÉ ªÀÄvÀÄÛ ¥ÁvÀæ.
2 ±ÀÄAn ¨É¼ÉAiÀÄ°è ¸À¸Àå ¸ÀAgÀPÀëuÁ 1 ©ÃzÀgÀ ¸ÀÄ¢Ý, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ July, 2015 vÁAwæPÀvÉUÀ¼ÀÄ 3 eÉÊ«PÀgÉÆÃUÀ £Á±ÀPÀUÀ¼ÀÄ 1 77 ©ÃzÀgÀ ¸ÀÄ¢Ý, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ July, 2015 4 ±ÀÄAn ¨É¼ÉAiÀÄ°è gÉÆÃUÀ ªÀÄvÀÄÛQÃl 1 PÀȶ ªÁt 2015 ¤ªÀðºÀuÉ 5 ¨Á¼É ¨É¼ÉAiÀÄ°è ¥ÀæªÀÄÄR gÉÆÃUÀUÀ¼À 1 ºÉÊ ©ÃzÀgÀ, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ Aug. 2015 ¸ÀªÀÄUÀæ ¤ªÀðºÀuÉ 6 ªÀiÁ«£À ºÀtÂÚ£À ¥ÀæªÀÄÄR 1 ºÉÊ ©ÃzÀgÀ, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ Aug. 2015 gÉÆÃUÀUÀ¼ÀÄ ºÁUÀÆ CªÀÅUÀ¼À ¤ªÀðºÀuÉ 7 CeÉÆïÁ 1 C±ÉÆÃPÁ PÉÆÃmÉPÀ£ÀßqÀ ¢£À¥ÀwæPÉ, Aug. 2015 ©ÃzÀgÀ 8 zÁæQë ¨É¼ÉAiÀÄ gÉÆÃUÀUÀ¼ÀÄ ºÁUÀÆ 1 PÀȶ «ÄvÀæ Sept. 2015 CªÀÅUÀ¼À ¤ªÀðºÀuÉ 9 ¨ÉAqÉ ¨É¼ÉAiÀÄ ¥ÀæªÀÄÄR gÉÆÃUÀUÀ¼ÀÄ 1 PÀȶ «ÄvÀæ Oct. 2015 ºÁUÀÆ CªÀÅUÀ¼À ºÀvÉÆÃn PÀæªÀÄUÀ¼ÀÄ 10 ºÉ¸ÀgÀÄ ¨É¼ÉAiÀÄ gÉÆÃUÀUÀ¼ÀÄ ªÀÄvÀÄÛ 1 PÀȶ «ÄvÀæ March 2016 CªÀÅUÀ¼À ºÀvÉÆÃn PÀæªÀÄUÀ¼ÀÄ
- 27 -WP No. 103657 of 2017
11. The details of the scientific publications submitted by respondent nos.3 to 5 along with their applications has been furnished in the said affidavit. A perusal of the same would clearly go to show that respondent nos.3 to 5 had published full length papers/scientific publications in requisite number as on the date of their publication. The affidavit filed on behalf of respondent nos.1 & 2 was taken on record by this Court on 18.07.2023 and at the request of the learned Counsel for the petitioner to enable the petitioner to file reply, if any, the matter was directed to be listed on 21.07.2023. On the said date, learned Counsel for the petitioner has filed a memo seeking permission of this Court to retire in the case.
12. However, the petitioner who had appeared before the Court in person had filed a counter affidavit in reply to the affidavit filed by respondent no.2 on 18.07.2023 stating that the allegations made in the affidavit of respondent no.2 against the petitioner were false. However, in paragraph 4 of his affidavit, he has stated as under:
"4. I state that, I have already produced the Annexure-H along with my writ petition but by inadvertently it has attached with Annexure-P at
- 28 -WP No. 103657 of 2017
the time of making copy of xerox and I have not deliberately insert or deleting any pages from the documents produced by me before this Hon'ble Court."
13. The Hon'ble Supreme Court in the case of TAJVIR SINGH SODHI & ORS. VS THE STATE OF JAMMU AND KASHMIR & ORS.
- (2023)3 SCR 714, in paragraph 12 has observed as under:
"12. Before proceeding further, it is necessary to preface our judgment with the view that Courts in India generally avoid interfering in the selection process of public employment, recognising the importance of maintaining the autonomy and integrity of the selection process. The Courts recognise that the process of selection involves a high degree of expertise and discretion and that it is not appropriate for Courts to substitute their judgment for that of a selection committee. It would be indeed, treading on thin ice for us if we were to venture into reviewing the decision of experts who form a part of a selection board. The law on the scope and extent of judicial review of a selection process and results thereof, may be understood on consideration of the following case law:
i) In Dalpat Abasaheb Solunke vs. Dr. B.S. Mahajan, AIR 1990 SC 434, this Court clarified the
- 29 -WP No. 103657 of 2017
scope of judicial review of a selection process, in the following words:
"9...It is needless to emphasise that it is not the function of the court to hear appeals over the decisions of the selection committees and to scrutinise the relative merits of the candidates. Whether the candidate is fit for a particular post or not has to be decided by the duly constituted selection committee which has the expertise on the subject. The court has no such expertise. The decision of the selection committee can be interfered with only on limited grounds, such as illegality or patent material irregularity in the constitution of the committee or its procedure vitiating the selection, or proved malafides affecting the selection etc....."
ii) In a similar vein, in Secy. (Health) Deptt. Of Health & F.W. vs. Dr. Anita Puri, (1996) 6 SCC 282, this Court observed A B C D E F G H 749 as under
as regards the sanctity of a selection process and the grounds on which the results thereof may be interfered with:
"9. ... It is too well settled that when a selection is made by an expert body like the Public Service Commission which is also
- 30 -WP No. 103657 of 2017
advised by experts having technical experience and high academic qualification in the field for which the selection is to be made, the courts should be slow to interfere with the opinion expressed by experts unless allegations of mala fide are made and established.
It would be prudent and safe for the courts to leave the decisions on such matters to the experts who are more familiar with the problems they face than the courts. If the expert body considers suitability of a candidate for a specified post after giving due consideration to all the relevant factors, then the court should not ordinarily interfere with such selection and evaluation......."
iii) This position was reiterated by this Court in M. V. Thimmaiah vs. Union Public Service Commission, (2008) 2 SCC 119, in the following words:
"21. Now, comes the question with regard to the selection of the candidates. Normally, the recommendations of the Selection Committee cannot be challenged except on the ground of mala fides or serious violation of the statutory rules. The courts cannot sit as an Appellate Authority to examine the recommendations of the
- 31 -WP No. 103657 of 2017
Selection Committee like the court of appeal. This discretion has been given to the Selection Committee only and courts rarely sit as a court of appeal to examine the selection of the candidates nor is the business of the court to examine each candidate and record its opinion...
Xxx
30. We fail to understand how the Tribunal can sit as an Appellate Authority to call for the personal records and constitute Selection Committee to undertake this exercise. This power is not given to the Tribunal and it should be clearly understood that the assessment of the Selection Committee is not subject to appeal either before the Tribunal or by the courts. One has to give credit to the Selection Committee for making their assessment and it is not subject to appeal. Taking the overall view of ACRs of the candidates, one may be held to be very good and another may be held to be good. If this type of interference is permitted then it would virtually amount that the Tribunals and the High Courts have started sitting as Selection Committee or act as an Appellate Authority over the selection. It is not their domain, it should be clearly understood, as
- 32 -WP No. 103657 of 2017
has been clearly held by this Court in a number of decisions....."
iv) Om Prakash Poplai and Rajesh Kumar Maheshwari vs. Delhi Stock Exchange Association Ltd., (1994) 2 SCC 117, was a case where an appeal was filed before this Court challenging the selection of members to the Delhi Stock Exchange on the ground that the Selection Committee formed for the aforesaid purpose, arbitrarily favoured some candidates and was thus, against Article 14. This Court rejected the allegation of favouritism and bias by holding as under:
"5. ...the selection of members by the Expert Committee had to be done on the basis of an objective criteria taking into consideration experience, professional qualifications and similar related factors. In the present cases, we find that certain percentage of marks were allocated for each of these factors, namely, educational qualifications, experience, financial background and knowledge of the relevant laws and procedures pertaining to public issues etc. Of the total marks allocated only 20 per cent were reserved for interviews. Therefore, the process of selection by the Expert Committee was not left entirely to the sweet-will of the
- 33 -WP No. 103657 of 2017
members of the Committee. The area of play was limited to 20 per cent and having regard to the fact that the members of the Expert Committee comprised of two members nominated by the Central Government it is difficult to accept the contention that they acted in an unreasonable or arbitrary fashion......" 12.1. Thus, the inexorable conclusion that can be drawn is that it is not within the domain of the Courts, exercising the power of judicial review, to enter into the merits of a selection process, a task which is the prerogative of and is within the expert domain of a Selection Committee, subject of course to a caveat that if there are proven allegations of malfeasance or violations of statutory rules, only in such cases of inherent arbitrariness, can the Courts intervene.
Thus, Courts while exercising the power of judicial review cannot step into the shoes of the Selection Committee or assume an appellate A B C D E F G H 751 role to examine whether the marks awarded by the Selection Committee in the viva-voce are excessive and not corresponding to their performance in such test. The assessment and evaluation of the performance of candidates appearing before the Selection
- 34 -WP No. 103657 of 2017
Committee/Interview Board should be best left to the members of the committee. In light of the position that a Court cannot sit in appeal against the decision taken pursuant to a reasonably sound selection process, the following grounds raised by the writ petitioners, which are based on an attack of subjective criteria employed by the selection board/interview panel in assessing the suitability of candidates, namely, (i) that the candidates who had done their post- graduation had been awarded 10 marks and in the viva-voce, such PG candidates had been granted either 18 marks or 20 marks out of 20. (ii) that although the writ petitioners had performed exceptionally well in the interview, the authorities had acted in an arbitrary manner while carrying out the selection process, would not hold any water."
14. In the case of MOHD. MUSTAFA VS UNION OF INDIA & ORS. - (2021)11 SCR 163, the Hon'ble Supreme Court in paragraph 16 has observed as under:
"16. Conditions prompted by extraneous or irrelevant considerations are unreasonable and liable to be set aside by Courts in exercise of its power under judicial review. (See: State of U.P. v.
- 35 -WP No. 103657 of 2017
Raja Ram Jaiswal, Sheonandan Paswan v. State of Bihar & Others, Sant Raj v. O.P. Singla, Padfield v. Minister of Agriculture). A decision can be arrived at by an authority after considering all relevant factors. If the discretionary power has been exercised in disregard of relevant consideration, the Court will normally hold the action bad in law. Relevant, germane and valid considerations cannot be ignored or overlooked by an executive authority while taking a decision. It is trite law that Courts in exercise of power under judicial review do not interfere with selections made by expert bodies by reassessing comparative merits of the candidates. Interference with selections is restricted to decisions vitiated by bias, mala fides and contrary to statutory provisions. (See: Dalpat Abasaheb Solunke v. Dr. B.S. Mahajan, Badrinath v. State of T.N., National Institute of Mental Health and Neuro Sciences v. Dr. K. Kalyana Raman, Major General I.P.S Dewan v. Union of India, Union Public Service Commission v. Hiranyalal Dev, M. V. Thimmaiah v. UPSC and UPSC v. Sathiyapriya).
15. In the light of the statement of objections filed on behalf of respondent nos.1 to 3 which clearly demonstrate that the petitioner had scored much lesser marks compared to respondent nos.3 to 5 and taking into consideration that respondent nos.3 to 5 were also duly qualified and eligible for
- 36 -
WP No. 103657 of 2017 participating in the recruitment process, this Court had appraised the learned Counsel for the petitioner about the position of law having regard to the aforesaid two judgments. However, learned Counsel for the petitioner on instructions from the petitioner, had made allegations of bias and mala fides against the Selection Committee and the Board of Management and it is under the said circumstances, the order dated 10.07.2023 was passed by this Court putting the petitioner on notice that he would be liable to pay exemplary costs in the event the allegations made against the expert committee/selection committee is found to be false.
16. Respondent no.2 has, thereafter, filed a detailed affidavit not only furnishing the particulars of the full length papers/scientific publications of respondent nos.3 to 5, but in the affidavit, it has been also stated that the documents produced by the petitioner at Annexures-H, J & K are not part of the original documents and they were not submitted by respondent nos.3 to 5, and on the other hand, the said documents were procured from the website i.e., indianjournals.com which is an online platform where scientific publications published in various journals are uploaded for the
- 37 -
WP No. 103657 of 2017 public. The original files were also made available to the Court which included the full length papers/scientific publications of respondent nos.3 to 5 and the petitioner.
17. In the counter affidavit filed by the petitioner, though he has denied the allegation made against him regarding insertion of some papers by Annexures-H, J & K, in paragraph 4 of his counter affidavit, he has also stated that by inadvertence he has inserted certain pages along with the annexures. However, in the counter affidavit, he has not denied the particulars of the full length papers/scientific publications of respondent nos.3 to
5. Therefore, it is very clear that the allegation of mala fides and bias by the petitioner against the selection committee and the Board of Management of the respondent-University was totally baseless.
18. The material on record would also go to show that the petitioner has not approached this Court with clean hands. The petitioner has inserted certain papers along with Annexures-H, J & K, which are not part of the original documents and in his counter affidavit, the petitioner states that the said mistake was inadvertently done by him and the same was not deliberate.
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WP No. 103657 of 2017
19. The material on record would clearly go to show that respondent nos.1 & 2 have selected more meritorious candidate out of the candidates who were interviewed for the post of Assistant Professor (Plant Pathology) which was reserved for Scheduled Caste Rural category. However, the petitioner who had unsuccessfully participated in the process of recruitment, has thereafter, made reckless and baseless allegations against the Selection Committee and also the Board of Management. In addition to the same, the petitioner is also guilty of approaching this Court with unclean hands and he has produced Annexures-H, J & K by inserting certain pages to the said documents which are not part of the original records and they were not part of the publications submitted by respondent nos.3 to 5 as found in the original records. Under the circumstances, I am of the considered view that the writ petition is liable to be dismissed with exemplary costs.
20. Though this Court had expressed in its order dated 10.07.2023 that in the event the allegations made by the petitioner against the expert committee/selection committee is found to be false and baseless, he would be liable to pay exemplary costs of Rs.10 lakhs, taking into consideration that
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WP No. 103657 of 2017 the petitioner is presently working as a temporary employee, I am inclined to reduce the proposed cost. Accordingly, the following order.
21. The writ petition is dismissed with cost of Rs.one lakh. The petitioner is directed to pay the said cost in favour of Karnataka State Legal Services Authority, Bengaluru, within a period of two months from the date of receipt of the certified copy of this order.
Sd/-
JUDGE KK