Dr.Shaila H.M. vs The Registrar on 2 March, 2017

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Karnataka High Court

Dr.Shaila H.M. vs The Registrar on 2 March, 2017

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.13616/2013 (S-RES)


BETWEEN:

Dr. SHAILA H.M.
W/O. Dr. VIRUPAKSHA PRABHU H.,
AGED ABOUT 39 YEARS
R/AT "SURABHI", NETAJI SUBASH
CHANDRA BOSE EXTENSION
HIRIYUR- 572 143
CHITRADURGA DISTRICT
AND ALSO WORKING AS
SUBJECT MATTER SPECIALIST (AGRICULTURAL ENTOMOLOGY)
AT UNIVERSITY OF AGRICULTURAL SCIENCES, RAICHUR.
                                         ... PETITIONER

(BY SRI MOHAMED SHAFIULLA, ADV. - ABSENT)

AND:

1.      THE REGISTRAR
        UNIVERSITY OF AGRICULTURAL SCIENCE,
        KRISHINAGAR,
        DHARWAD - 580 005.

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




      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN
ORDER OR DIRECTION BY WAY OF MANDAMUS DIRECTING
RESPONDENT NO.2 TO ISSUE NOC TO PETITIONER TO ATTEND
THE INTERVIEW ON 23.03.2013 AT RESPONDENT NO.1
INSTITUTION FOR THE POST OF         SMS/SCIENTIST/ASST.
PROFESSOR (AGRICULTURAL ENTOMOLOGY), AS PER THE
INTERVIEW LETTER DATED 14.03.2013 VIDE ANNEXURE-C, IN
THE 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, Subject Matter Specialist (Agricultural Entomology) at University of Agricultural Sciences, Raichur, filed this writ petition on 19.03.2013, asking for a mandamus as against respondent No.2, to issue NOC to attend the interview on 23.03.2013, in the Office of respondent No.1, for the post of 'SMS/Scientist/Assistant Professor (Agricultural Entomology) or in the alternative to direct respondent No.1 to interview the petitioner without the NOC of respondent No.2.

2. On 21.03.2013, an ad interim order was passed and respondent No.1 was directed to permit the 3 petitioner to attend the interview scheduled to be held on 23.03.2013, without insisting on production of NOC of respondent No.2 - employer of the petitioner.

3. Sri K.G. Nayak, learned advocate submitted that though the petitioner appeared in the interview conducted by respondent No.1 on 23.03.2013, she 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.

Sri K.G. Nayak, learned advocate is permitted to file Vakalath for respondent No.2 within a period of four weeks.

Sd/-

JUDGE ca

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