Dr Vishwanatha Vs the University of Mangalore — Writ and Judicial Review | Karnataka HC (2025)

Dr Vishwanatha Vs the University of Mangalore — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:1119-DB WA No. 367 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT APPEAL NO.367 OF 2020 (S-RES)

BETWEEN:

DR. VISHWANATHA S/O. LATE MALLEGOWDA AGED ABOUT 57 YEARS WORKING AS ASSOCIATE PROFESSOR UCFA, UNIVERSITY OF MYSORE MYSORE-570 006 RESIDENT OF NO.1257, PADUVANA ROAD 4TH CROSS, T.K. LAYOUT 4TH STAGE, KUVEMPUNAGARA MYSORE-570 023.

…APPELLANT

(BY SRI YASHWANTH NETHAJI, ADVOCATE FOR SRI K.V. NARASIMHAN, ADVOCATE)

AND:

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

THE UNIVERSITY OF MANGALORE MANGALAGANGOTRI MANGALORE-574 199, D.K DISTRICT REPRESENTED BY ITS REGISTRAR.

THE VICE-CHANCELLOR UNIVERSITY OF MANGALORE MANGALORE-574 199 D.K DISTRICT.

SRI SOMANNA S/O. SIDDAIAH, HONGALLI (AMBEDKAR COLONY) K.R. SAGARA POST, SRIRANGAPATNA TALUK MANDYA DISTRICT-571 607 PRESENTLY WORKING AS PROFESSOR

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NC: 2025:KHC:1119-DB WA No. 367 of 2020

KANNADA DEPARTMENT THE UNIVERSITY OF MANGALORE MANGALAGANGOTRI MANGALORE-574 199 D.K DISTRICT.

…RESPONDENTS

(BY SMT. BELLE RAVIVARMA, ADVOCATE FOR R-1 & R-2; SRI K. CHANDRANATH ARIGA, ADVOCATE FOR R-3)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.10443/2014 DATED 24/02/2020.

THIS WRIT APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR

and

HON'BLE MR JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is filed against the order dated 24.02.2020 passed by learned Single Judge in W.P.No.10443/2024, whereby the learned Single Judge has dismissed the writ petition filed by the petitioner on the ground that the petitioner has not challenged the eligibility criteria fixed the University and as such the petitioner is not entitled for any relief in exercise of the power under Article 226 and 227 of the Constitution of India. Subsequently, the petitioner had preferred an appeal urging various grounds.

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NC: 2025:KHC:1119-DB WA No. 367 of 2020

Learned counsel Sri. Yashwanth Nethaji, representing Sri. K.V. Narasimhan, for the appellant is present before the Court, however, he has not filed the vakalat.

Smt. Belle Ravivarma, learned counsel appearing for respondent Nos.1 and 2, who is appearing through video conference submits that the appellant who preferred an appeal, has retired from service and hence the appeal does not survive for consideration.

Sri. K. Chandranath Ariga, learned counsel appearing for respondent No.3, who is present before the Court files a memo dated 13.01.2025 stating that the appellant has retired from service on 30.06.2024. Memo is taken on record.

Hence, in view of the submissions made by learned counsel for respondent Nos.1, 2 and 3 and as the appellant has retired from service, nothing survives for consideration in this appeal. Accordingly, the appeal stands dismissed.

Sd/(K.SOMASHEKAR)

JUDGE

Sd/(VENKATESH NAIK T) JUDGE

MN

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