Dismissed

Dr. S C Aswathnarayana v. the Special Secretary

Karnataka HC20 Oct 2022WP/6598/2020

Case brief

AI extract

What is this about?

Writ petitioner sought a direction for a three-year nomination term as per the University of Agricultural Sciences Act. The court held the matter infructuous due to efflux of time since acceptance of a prior shorter-term nomination, leaving the legal question open for a suitable case.

What did the court decide?

The petition was disposed of as having become infructuous due to the efflux of time.

Dr. S C Aswathnarayana Vs the Special Secretary — Education and Admissions | Karnataka HC (2022)

¶1

¶2

WP No. 6598 of 2020

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 20^TH DAY OF OCTOBER, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶7

WRIT PETITION NO. 6598 OF 2020 (GM-RES)

¶8

BETWEEN:

¶9

DR.S.C.ASWATHNARAYANA AGED 60 YEARS MANAGING PARTNER M/S VOKKAL SEEDS BDA LAYOUT, RING ROAD NAGARBHAVI 2^ND STAGE BENGALURU – 560 072.

¶10

…PETITIONER

¶11

(BY SRI. V. LAKSHMINARAYANA, SR.ADVOCATE FOR SMT.ANUSHA L., ADVOCATE)

¶12

AND:

¶13

THE SPECIAL SECRETARY

¶14

Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

¶15

TO GOVERNOR/CHANCELLOR (UNIVERSITY) OFFICE OF THE CHANCELLOR OF THE UNIVERSITIES RAJ BHAVAN

¶16

BENGALURU – 560 001.

¶17

THE UNIVERSITY OF AGRICULTURAL SCIENCES REPRESENTED BY ITS REGISTRAR GKVK CAMPUS

¶18

BENGALURU – 560 065.

¶19

¶20

WP No. 6598 of 2020

¶21

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY UNIVERSITY OF AGRICULTURAL SCIENCES GOVERNMENT OF KARNATAKA DR.AMBEDKAR ROAD VIKASA SOUDHA BENGALURU – 560 001.

¶22

…RESPONDENTS

¶23

(BY SRI.K.KRISHNA, ADVOCATE FOR R1; SRI N.SREENIVASA, ADVOCATE FOR R2; SRI B.V.KRISHNA, AGA FOR R3)

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TREAT THE NOMINATION OF THE PETITIONER MADE BY THE CHANCELLOR SHALL BE FOR A PERIOD OF 3 YEARS IN TERMS OF SECTION 12(2)(viii) OF UAS ACT, 2009 AS AMENDED AND THE PETITIONER IS ENTITLED TO CONTINUE FOR A PERIOD OF 3 YEARS AS PER THE NOTIFICATION DATED 28.01.2019 AS PER ANNX-A AS INTERPRETED AND DIRECTED BY THIS HON-BLE COURT IN W.P.NO.46652/2019 AS PER ANNX-C AND ON PAR WITH THAT OF K.N.SRIKANTH VIDE NOTIFICATION DATED 03.05.2013 AND SUBSEQUENT NOMINATION VIDE NOTIFICATION DATED 06.02.2017 AS PER ANNX-D AND E BY FOLLOWING THE MAIN DECISION IN WP 5353/2106 DATED 06.04.2017 AS PER ANNXB AND ETC.,

¶25

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

¶26

ORDER

¶27

The petitioner is before this Court seeking a direction to

¶28

the respondents to treat the nomination of the petitioner made

¶29

by the Chancellor to be for a period of three years in terms of

¶30

¶31

WP No. 6598 of 2020

¶32

Section 12(2)(vii) of the Universities of Agricultural Sciences Act, 2009 as amended from time to time and also seeks a consequential direction to continue his nomination for a period of three years.

¶33

Heard the learned senior counsel

¶34

Sri.V.Lakshminarayana appearing for petitioner, Sri.K.Krishna, learned counsel for respondent No.1, Sri.N.Sreenivasa, learned counsel for respondent No.2 and Sri.B.V.Krishna, learned Additional Government Advocate for respondent No.3.

¶35

The facts that leads the petitioner to this Court in the subject petition, as borne out from the pleadings are as follows:

¶36

The Chancellor of University of Agricultural Sciences exercising his power under Section 12(2)(vii) of the Act nominates one Sri.K.L.Srikanth to be a member of the Board of Management of University of Agricultural Sciences, Bengaluru for a period of three years in terms of the afore-quoted provision of law. Even before the term of said Sri.K.L.Srikanth could get over, the nomination was withdrawn and the

¶37

¶38

WP No. 6598 of 2020

¶39

petitioner was nominated on 28.01.2019 for the remaining period of one year out of three years to which K.L.Srikanth had been nominated.

¶40

The nomination of the petitioner was for a period of one year which has also come to an end on 05.02.2020. The petitioner with eyes wide open had accepted the nomination of 28.1.2019 being fully aware that it was to be in operation only upto 05.02.2020, which was the remaining period of Sri.K.L.Srikanth, out of the 3 years that he was nominated to, to be the member of the Board of Management of the University. Therefore, the direction that is now sought at the hands of this Court would become unavailable to the petitioner, due to efflux of time and the act of acceptance of the order dated 28.01.2019, by him.

¶41

Though the submission of the learned senior counsel would in the first blush merit acceptance that any nomination should be for a period of three years, owing to the fact that the period being over, the issue is not gone into as it has now become academic.

¶42

¶43

WP No. 6598 of 2020

¶44

The petition is disposed as having become infructuous

¶45

leaving open the question of law to be agitated in an appropriate case.

¶46

Ordered accordingly.

¶47

Sd/JUDGE

¶48

bkp List No.: 1 Sl No.: 65

Dr. S C Aswathnarayana v. the Special Secretary

Case brief

What is this about?

What did the court decide?

Dr. S C Aswathnarayana v. the Special Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri H v Harish Vs the District Caste Verification Committee

Mrs. Rita Shantha Daniel Vs Joint Commissioner

M/S Universal Educational Trust Vs M/S Varthana Finance Pvt. Ltd.

Sri S M Ranjith Kumar (Msw) Vs Smt Usharani (B.Sc)

Dr S C Aswathnarayana Vs the Special Secretary

Rajesh K Vs the State of Karnataka