Karnataka High Court
Dr Robert John D Souza vs The Union Of India on 7 August, 2013
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 07TH DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY
WRIT PETITION NO:7212/2012 (S-RES)
BETWEEN
Dr. Robert John D'Souza
S/o Santhan D'Souza
Aged about 62 years
Residing at: "Harsha"
Padre Temple Road
P.O. Srinivasanagar
Surathkal-575 025
D.K.District ... Petitioner
(By Sri.M.Narayan Bhat, Adv. For M/s. Subbarao & Co)
AND
1. The Union of India
Represented by its Secretary
Ministry of Human Resource Development
Shastri Bhavan, 7th floor
New Delhi
2. National Institute of Technology (Karnataka)
Represented by its Registrar
NITK Surathkal
P.O.Srinivasanagar-575025
Mangalore
3. Board of Governors of NITK, Surathkal
Represented by its Chairman
NITK Surathkal
2
P.O.Srinivasanagar-575 025
Mangalore
4. Dr.Sandeep Sanchetti
Director Incharge
NITK Surathkal
P.O.Srinivasanagar-575 025
Mangalore
5. Dr.M.Govindaraj
Registrar Incharge
NITK Campus
P.O.Srinivasanagar-575 025
Mangalore
6. Dr.K.N.Lokesh
Professor
Department of Civil Engineering
NITK Campus
P.O.Srinivasanagar-575 025
Mangalore
... Respondents
(By Sri Kalyan Basavaraj, ASG for R1
Sri P.S.Rajagopal, Sr.Adv. for M/s P.S. Rajagopal,
Associates. For R4 & R5)
Sri Santosh S. Nagarale, Adv. For R6)
(Notice to R2 and R3- served and unrepresented)
***
This Writ Petition is filed under Articles 226 and
227 of the Constitution of India, praying to quash the
Senate Resolution dated 16.08.2011 vide Annexure-M
to the extent that it alters the seniority of the petitioner
below to his junior and dislodging the petitioner from
his position as senior most Professor in the seniority
list, as the same is ultra virus and beyond the power of
3
the Senate and is violative of Articles 14, 16 and 21 of
the Constitution of India.
This writ petition coming on for Orders this day,
the court made the following:-
ORDER
With the consent of learned counsel appearing for both parties, it is taken up for final disposal.
2. In this petition, the petitioner prayed for consideration of his name for nomination to the Board constituted under Section 11(f) of The National Institutes of Technology Act, 2007. Learned Counsel for the petitioner filed I.A.No.1/13 for stay of the 34th Meeting Notice dated 25.07.2013 as per Annexure-U. The petitioner made prayer to stay Annexure-U for the reason that there is likelihood not considering the seniority of the petitioner.
3. Learned Counsel for the respondents submits that the case of the petitioner is that the nomination for the Board of NITK, Surathkal for the 4 Board of Governors of NITK, Surathkal, is considered in accordance with Section 11 Clause (f) of the NIT Act, 2007, which provides that nomination by the Senate, the petitioner is also the member of the Senate, if he becomes a member of the Board of Governors, as per the provision provided under the Act.
4. Heard the learned counsel appearing both sides.
5. Considering the case of the petitioner, it is directed that the petitioner's name in the list of Board of Governors and the mode of nomination be considered strictly under Section 11 of NIT Act, 2007 and other provisions of the said Act. Since the petitioner case falls under sub clause (f) of Section 11 of NIT Act, 2007 and it is for the petitioner to make necessary efforts to get his name for consideration. Under these circumstances, this petition is disposed of with a direction to the respondent-National Institute of Technology, Karnataka to consider the case of the petitioner including all the 5 persons who are eligible for Board of Directors strictly in accordance with law as per the provisions of the Act.
Writ petition is disposed of.
Consequently, I.A.1/2013 is also disposed of.
Sd/-
JUDGE Rms