The Registrar Vs Dr Yogananda a — Karnataka HC (2025) — LawSathi Research

The Registrar Vs Dr Yogananda a — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the appeal was disposed of as infructuous following the appellant/Registrar's fresh order dated 11.01.2025. Clarification recorded that references to Respondent No.3 (Registrar) in Direction Nos.(iii) and (iv) of the learned Single Judge be read as the Executive Council (Respondent No.2), the Disciplinary Authority.

Issue for consideration

Whether the writ appeal survives for consideration in view of the appellant/Registrar's order dated 11.01.2025 withdrawing the compulsory retirement order dated 22.09.2021 and imposing a fresh punishment of withholding one increment permanently on Respondent No.1. +1 more

Court's answer

In view of the fresh order dated 11.01.2025 passed by the appellant/Registrar, the present appeal laying a challenge to the impugned order dated 18.03.2024 in W.P.No.21705/2021 has become infructuous and is disposed of as such.

Ratio / Principle

The court took on record counsel's clarification that in Direction Nos.(iii) and (iv) of the learned Single Judge, the reference to Respondent No.3 (Registrar of the University) should be read to mean the Executive Council (Respondent No.2), the Disciplinary Authority.

Detailed headnote1 paragraphs

Writ Appeal No. 880 of 2024 (S-RES), filed under Section 4 of the Karnataka High Court Act by the Registrar, Visvesvaraya Technological University, against the judgment dated 18.03.2024 of the learned Single Judge in W.P.No.21705/2021. At hearing, counsel for the appellant filed a memo enclosing the Registrar's order dated 11.01.2025, whereby the order of compulsory retirement dated 22.09.2021 imposed on Respondent No.1 (Dr Yogananda A) was withdrawn and a fresh punishment of withholding one increment permanently was imposed. Counsel stated that nothing further survived for consideration and clarified that in Direction Nos.(iii) and (iv) of the learned Single Judge, the reference to Respondent No.3 (Registrar of the University) should be read to mean the Executive Council (Respondent No.2), the Disciplinary Authority. Taking the submissions on record, the Division Bench (V Kameswar Rao, Acting Chief Justice, and C M Joshi, Judge) held the appeal infructuous and disposed of it accordingly on 25.06.2025. No precedent was cited or engaged; no costs or quantum awarded.

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NC: 2025:KHC:22139-DB WA No. 880 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 880 OF 2024 (S-RES)

BETWEEN:

THE REGISTRAR VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA BELAGAVAI - 590 018.

…APPELLANT

(BY MS. KEERTHI KRISHNA REDDY, ADVOCATE FOR SRI ABHISHEK K.,ADVOCATE)

AND:

Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

DR YOGANANDA A

S/O APPU SHETTY

AGED ABOUT 47 YEARS

RESIDING AT NO 547 B CROSS, 3^RD STAGE 4^TH BLOCK, BASAVESHWARA NAGAR BENGALURU - 560 079.

THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY REPRESENTED BY ITS VICE CHANCELLOR, JNANA SANGAMA

BELAGAVI - 590 018.

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NC: 2025:KHC:22139-DB WA No. 880 of 2024

HC-KAR

THE EXECUTIVE COUNCIL REPRESENTED BY ITS CHAIRMAN VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA BELAGAVI - 590 018.

…RESPONDENTS

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE JUDGEMENT DATED 18.03.2024 PASSED IN WRIT PETITION No. 21705/2021 & ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

ORAL JUDGMENT

(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

Learned counsel for the appellant has filed a memo enclosing herewith an order dated 11.01.2025, whereby the appellant / Registrar, has withdrawn the order of compulsory retirement dated 22.09.2021 and has imposed a new punishment of withholding one increment permanently on Respondent No.1 / Dr. Yogananda A,.

3 - NC: 2025:KHC:22139-DB WA No. 880 of 2024

HC-KAR

Learned counsel for the appellant states that in view of this decision of the appellant / Registrar, Visvesvaraya Technological University, nothing further survives for consideration in this appeal. She also clarifies Direction Nos.(iii) and (iv) of the learned Single Judge wherein a reference is made to Respondent No.3, that is the Registrar of the University, should be read to mean the Executive Council, that is Respondent No.2, which is the Disciplinary Authority.

Taking the submission on record, and the fact that a fresh order has been passed by the appellant / Registrar, the present appeal which lays a challenge to the impugned order dated 18.03.2024 in W.P.No.21705/2021, has become infructuous and is disposed of as such.

Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

Sd/(C M JOSHI) JUDGE

KS List No.: 1 Sl No.: 17