Dr. Santosh Onte Vs the University of Agricultural Sciences

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NC: 2025:KHC-D:6928 WP No. 102852 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102852 OF 2025 (S-RES)

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BETWEEN:

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DR. SANTOSH ONTE S/O. MAHAVEER, AGE: 33 YEARS, OCC: WORKING AS SUBJECT MATTER SPECIALIST (SMS) (AGRONOMY) IN KVK DHARWAD, UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD-580 005.

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… PETITIONER

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(BY SRI. PRASHANT.S.KADADEVAR., ADVOCATE)

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AND:

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THE UNIVERSITY OF AGRICULTURAL SCIENCES, U.A.S. DHARWAD-580 005, REPRESENTED BY ITS REGISTRAR.

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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THE UNIVERSITY OF AGRICULTURAL SCIENCES, U.A.S. DHARWAD-580 005, REPRESENTED BY ITS ADMINISTRATIVE OFFICER.

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… RESPONDENTS

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(BY SRI. SHIVASAI.M.PATIL., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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NC: 2025:KHC-D:6928 WP No. 102852 of 2025

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ORAL ORDER

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Sri.Prashant S.Kadadevar., counsel for the petitioner and Sri.Shivasai M.Patil., counsel for the respondents have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement dated:28.02.2025 issued by respondent No.2 vide Annexure-d and a Writ of Mandamus directing the respondents to issue no objection certificate to the petitioner.

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3. The short facts are these:

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The first respondent had issued a notification in 2023 for the recruitment to the posts of the Subject Matter Specialist in Krishi Vigyan Kendras in the University of Agricultural Sciences, Dharwad. As per the notification, the petitioner applied to the of Subject Matter Specialist (Agronomy) and accordingly, he got appointed to the said post. The petitioner contends that now the University of Agricultural Sciences, Bangalore has issued a notification for direct recruitment to the post of Assistant Professor Cadre in Agronomy and the petitioner being eligible candidate has applied to the said post. It is also contended that the petitioner is required to furnish no objection

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NC: 2025:KHC-D:6928 WP No. 102852 of 2025

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certificate from the respondents – University. Hence, he requested the University to issue no objection certificate to him. However, the University declined to issue no objection certificate to the petitioner. Under these circumstances, the petitioner is before this Court.

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Counsel for the respective parties urged several

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contentions.

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Sri.Prashant S.Kadadevar., counsel for the petitioner submits that the action on the part of the University is contrary to the circular dated:03.06.2016. Hence, he submits that an appropriate order may be passed.

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Sri.Shivasai M.Patil., counsel for the respondents in presenting his arguments, justified the action on the part of the University. He argued by saying that the petitioner had given an undertaking that he would serve in the University for five years. Hence, he submits that an appropriate order may be passed.

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Heard the arguments and perused the Writ papers with care.

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4 - NC: 2025:KHC-D:6928 WP No. 102852 of 2025

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Suffice it to note that, as per the circular, minimum period of service required to be rendered by the petitioner is only two years or in the alternate, he is required to pay two months salary as per the guidelines. Hence, the endorsement runs contrary to the circular. Therefore, this Court deems it proper to quash the endorsement.

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The Writ Petition is allowed. The Writ of Certiorari is ordered. The endorsement dated:28.02.2025 issued by respondent No.2 vide Annexure-D is quashed. The respondents – University is hereby directed to issue no objection certificate to the petitioner by the end of the day as per the circular dated:03.06.2016 enabling the petitioner to attend the interview which is scheduled on 29.04.2025.

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Counsel Sri.Shivasai M.Patil., is directed to communicate the disposal of the Writ Petition to the respondents – University.

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Because of the disposal of the Writ Petition, all pending interlocutory applications, if any are disposed of.

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Sd/(JYOTI MULIMANI) JUDGE

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MRP LIST NO.: 2 SL NO.: 1

Dr. Santosh Onte v. the University of Agricultural Sciences

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Dr. Santosh Onte v. the University of Agricultural Sciences

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