Dr. Hareesh K Vs the University Grants Commission (Ugc)

DR.HAREESH.K, S/O KUMBHINARASAIH, AGED ABOUT 49 YEARS, PROFESSOR IN DEPARTMENT OF COMPUTER SCIENCE ENGINEERING, K.K.GOVERNMENT ENGINEERING COLLEGE, K.R.PETE-571 426, R/AT NO.2, 3RD ‘A’ CROSS, 3RD MAIN, SATHYANARAYANA LAYOUT, J.C.NAGARA, MAHALAKSHMIPURAM, BENGALURU-560 086.

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Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

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DR.KIRAN KUMAR.B.V, S/O VENKATESH.M, AGED ABOUT 47 YEARS, PROFESSOR IN DEPARTMENT OF CIVIL ENGINEERING, GOVERNMENT SKSJT INSTITUTE, K.R.CIRCLE, BENGALURU-560 001. R/AT NO.162, 1ST MAIN, 5TH CROSS, 6TH BLOCK, 3RD PHASE, BSK 3RD STAGE, BENGALURU-560 085.

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2 - NC: 2025:KHC:40243-DB WP No. 30243 of 2025

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HC-KAR

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REPRESENTED BY THEIR COUNSEL: M/S CS LAW, SRI CHANDRASHEKAR E.NO. KAR/60/2016, CHAMBERS AT:NO.6, 3^RD FLOOR, 4^TH CROSS, 5^TH MAIN, HAMPINAGAR (RPC LAYOUT), NEAR HAMPINAGAR POST OFFICE, VIJAYANAGAR, BENGALURU-560 104

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…PETITIONERS

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(BY SRI.CHANDRASHEKAR, ADVOCATE)

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AND:

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THE UNIVERSITY GRANTS COMMISSION [UGC], REPRESENTED BY ITS CHAIRMAN, SHRI VINEET JOSHI, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENT TO CLARIFY ON THE ISSUES SOUGHT FOR BY THE PETITIONERS IN THEIR LEGAL NOTICE DATED 05.07.2025 (ANNEXURE-J) WITHIN A PERIOD OF 30 DAYS.

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC:40243-DB WP No. 30243 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI

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and

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HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Heard the learned counsel for the petitioners.

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This petition has been filed seeking the following

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reliefs:

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"(i) ISSUE a writ or mandamus or any other appropriate writ or order directing the Respondent to clarify on the issues sought for by the petitioners in their legal notice dated 05/07/2025 [ANNEXURE-J] within a period of 30 days;

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(ii) PASS such other order or orders or direction as deemed fit, in the facts and circumstances of the case, and in aid of the main relief/s sought for, in the interest of justice and equity."

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The contention of the learned counsel for the petitioners is that the petitioners are aggrieved by the Ph.D degrees awarded to one Sri. Nagaraj Patil and Smt. Lakshmi Devamma, who are availing benefit of the degrees despite the respondent-University Grants Commission,

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4 - NC: 2025:KHC:40243-DB WP No. 30243 of 2025

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HC-KAR

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directing that the University from which they had obtained the degrees, to discontinue enrolling Ph.D students by means of Public Notice dated 16.01.2025. It is stated that certain clarifications by means of questions have been sought by means of Legal Notice dated 05.07.2025 from the respondentUniversity Grants Commission, to which, the respondentUniversity Grants Commission is not responding.

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From perusal of the five queries raised in the Legal Notice dated 05.07.2025, purportedly sent on behalf of the petitioners, we are of the considered opinion that answers to the same can be sought by the petitioners under the provisions of the Right to Information Act, 2005 (for short 'the Act'). Since the procedure is provided under that Act, we are not inclined to interfere in the matter.

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Moreover, a mandamus has been sought on an issue in respect of which the learned counsel for the petitioners has not been able to demonstrate that he has a statutory enforceable right to the same.

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