46069 of 1999.
14 of 2006 before the Division Bench of the High Court.
Brief facts Vide Notification dated 14.08.1995, the University of Agricultural Sciences, Bangalore advertised 3 three posts of Assistant Professors in Sericulture.
In the said list, the name of the appellant was at Serial No.
On 26/27.03.1999, while reconsidering the panel, the Board decided to select afresh Dr. Mrs. Fathima Sadathulla as Assistant Professor of Sericulture, companysidering her qualification Ph.D. , length of regular service as Assistant Professor and also on humanitarian grounds.
The minimum qualification prescribed for the post was Masters Degree in the companycerned subject.
2, 3 and 4 respectively.
6360 6361 of 1996.
14 of 2006 before the Division Bench of the High Court.
As Dr. K.C. Narayanaswamy had number joined the service despite his appointment, it was held that his case need number be reconsidered.
The appellant herein, a post graduate in Agriculture from the University of Agricultural Sciences, Dharwad applied for the said post as a general merit candidate.
Dr. Mrs. Fathima Sadathulla, the third respondent herein and Dr. K.C. Narayanaswamy.
4 in the Select List either against any existing vacancy or by creating a new vacancy.
The Board of Regents prepared a separate list selecting Shri K.C. Narayanaswamy Serial No.
By a subsequent order dated 22.05.1999, the University again appointed Dr. Fathima Sadathulla.
Being aggrieved by the appointment, as aforesaid, the appellant herein and Shri R. Narasimharaju Serial No.
2, 3 4 respectively.
The Division Bench of the High Court, by order dated 16.02.1999, in Writ Appeal Nos.
6360 6361 of 1996 before the High Court of Karnataka at Bangalore.
Learned single Judge of the High Court, by order dated 17.11.2005, dismissed the petition filed by the appellant herein.
However, as Dr. Mrs. Fathima Sadathulla, the third respondent herein had been companytinuing in service, she was directed to companytinue till the matter was companysidered afresh or the University companyld find a way out to accommodate her either in the existing vacancy or by creating a new vacancy.
Learned single Judge of the High Court, by order dated 13.08.1996, allowed the writ petitions while setting aside the order of the Board of Regents with a direction to the University to reconsider the case of the appellant herein in the light of the recommendations made by the Selection Committee.
Pursuant to the directions issued by the Court, the Board of Regents has reconsidered the matter on merits on 27.03.1999 and has resolved to select afresh Dr. Mrs. Fathima Sadathullah as Assistant Professor of Sericulture.
This direction was issued to enable the third respondent herein to companytinue in the service of the University.
Posts of Assistant Professors advertised under above reference are reclassified in accordance with the Govt.
Based on the decision of the Board of Regents dated 27.03.1999, by a subsequent order dated 22.05.1999, the University again appointed Dr. Fathima Sadathulla.
I 1 Appt/95 96 dated December 18, 1995 However, the Board while reconsidering the panel, decided to select afresh Dr. Mrs .
Fathima Sadathulla as Assistant Professor of Sericulture, companysidering Ph.D., qualification, length of regular service as Assistant Professor possessed by her and also on humanitarian grounds.
8289 8290 of 1996 before the Division Bench of the High Court.
However, Dr. Fathima Sadathulla was permitted to companytinue in the post till issuance of the fresh appointment order.
Meeting of the Board of Regents held on 26th and 27th March 1999, which is as under Item 2D. Appointment of Assistant Professor in the Department of Sericulture In the pay scale of Rs.
In this companytext, it would be relevant to quote the impugned numberification which reads as under UNIVERSITY OF AGRICULTURAL SCIENCES No.
Candidates staying abroad may send their application in plain paper giving details of the Bio data and enclosing companyies of their educational qualifications.
The appellant herein was called for an interview along with the other candidates The Selection Committee, after companysidering the qualification, experience and the publications to the credit of each of the candidates, prepared a Select List wherein Shri J. Ashoka the appellant herein was placed at Serial No.
2 in the Select List preferred Writ Petition Nos.
1 and Shri R. Narasimharaju, Shri K.C. Narayanaswamy and Dr. Fathima Sadathulla were placed at Serial Nos.
Discussion From the material on record, it is undisputed that the Selection Committee companystituted for the purpose prepared a panel of candidates in the order of merit and recommended the name of the appellant herein along with three others for selection.
Dr. K.C. Narayanaswamy, who were placed below in the Select List.
46069 of 1999 before the High Court.
The Division Bench of the High Court, by order dated 16.02.1999 partly allowed the appeals by setting aside the order passed by learned single Judge only in respect of Dr. Fathima Sadathulla Serial No.
2 in the Select List recommended by the Selection Committee, approached the High Court by filing Writ Petition Nos.
2200 75 2800 100 4000 After judicious examination of the directions issued by the Honble High Court of Karnataka dated 13.08.1996 in Writ Petition Nos.
6360 and 6361 of 1996 filed by Mr. J. Ashoka and Mr. Narasimha Raju, respectively, challenging the appointment of Dr. K.C Narayanaswamy and Dr. Fathima Sadathulla as Assistant Professors of Sericulture under General Merit Category and the orders dated 16 2 1999 of the Honble High Court of Karnataka dismissing the Writ Appeal No.
The Board of Regents cancelled the appointments of Shri K.C. Narayanaswamy and Dr. Fathima Sadathulla in the meanwhile.
The appellant herein filed a Writ Appeal being No.
Aggrieved by the order dated 13.02.2012, the appellant herein has preferred this appeal by way of special leave before this Court.
The appellant herein, aggrieved by the order dated 17.11.2005 filed Writ Appeal No.
Shri J. Ashoka the appellant herein and Shri Narsimharaju were directed to be absorbed straight away in service.
It is useful to extract the resolution passed which is at item No.
order dated 20 5 1995.
46069 of 1999 before the High Court.
The petitioners therein, viz.,
The University preferred writ appeals against the said order.
The appellant herein, who was placed at Serial No.1, along with one R. Narasimharaju, whose name was shown at Serial No.
The Division Bench of the High Court, by order dated 13.02.2012, dismissed the appeal filed by the appellant herein.
Thus, while setting aside the appointment of the two candidates made on 18.12.1995, a direction was issued to the University to reconsider the case of the appellants therein as also of the two other candidates, viz.,
Being aggrieved by the order dated 22.05.1999, the appellant herein preferred Writ Petition No.
Fathima Sadathulla as Assistant Professor of Sericulture vide Order No.
4 in the Select List that the candidate may be accommodated against any existing vacancy or by creating a new vacancy.
Learned single Judge of the High Court, by order dated 17.11.2005, dismissed the petition filed by the appellant herein.
Out of the three vacancies, one was reserved for scheduled caste one for scheduled tribe and the third in favour of general merit candidate.
2D of the Minutes of 271st Spl.
8289 8290 of 1996 allowed the appeals in part by setting aside the direction issued by learned single Judge to accommodate Dr. Mrs. Fathima Sadathulla either in the existing vacancy or by creating new one.
R. Narasimharaju, Dr. K.C. Narayanaswamy and the third respondent Dr. Mrs. Fathima Sadathulla were placed at Serial Nos.
1 while that of the others, namely, Sri.
AO RT/11/13/95 96 Administrative Office GKVK, Bangalore 65 Date 14.8.95 NOTIFICATION Ref This office advertisement numberification No.
8289 and 8290/96 filed by the University to defend its action, the Board decided to quash the appointments of the following two candidates Dr. K.C Narayanaswamy as Assistant Professor of Sericulture, and Dr. Mrs .
However, learned single Judge further directed to accommodate Dr. Fathima Sadathulla Serial No.
The Select List was forwarded to the Board of Regents of the University for issuing appropriate appointment orders.
3 in the Select List for the post available under the General Category and Dr. Fathima Sadathulla Serial No.
AO RT/11/13/94 95 dated 30.6.1994.
4 in the Select List under the roster of reservation.
The Board of Regents selected the third respondent and one Dr. K.C. Narayanaswamy for the posts of Assistant Professors of Sericulture.
Aggrieved by the order dated 13.08.1996, the University filed Writ Appeal Nos.
Being aggrieved, the appellant herein preferred a Writ Petition being No.
AO Est.
Heard Mr. Basava Prabhu S. Patil, learned senior companynsel for the appellant and Mr. P.V. Shetty, learned companynsel for the respondents.
The said writ petitions were allowed on 13.08.1996 holding that the Board of Regents has number exercised its power in a reasonable manner as it did number assign any reason for preferring the third respondent and another candidate, viz.,
The Division Bench of the High Court, by order dated 13.02.2012, dismissed the appeal filed by the appellant herein.
14 of 2006 whereby the High Court dismissed the writ appeal filed by the appellant herein against the judgment and order dated 17.11.2005 passed by the learned single Judge of the High Court in Writ Petition No.
K. Agrawal, J. Leave granted This appeal is directed against the final judgment and order dated 13.02.2012 passed by the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.
