Basavaraj S/O Shivanandappa ... vs The State Of Karnataka
2022 Latest Caselaw 1440 Kant

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

        DATED THIS THE 1ST DAY OF FEBRUARY 2022

                        PRESENT

           THE HON'BLE MR. JUSTICE S.G. PANDIT
                          AND
     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                  W.A. NO.100037/2022
BETWEEN:

BASAVARAJ S/O SHIVANANDAPPA HIREGOUDAR
AGE: 36 YEARS, OCC: SERVICE
R/O: ABHINAV GAVISIDDESHWAR NILAY
TEACHERS COLONY, KINNAL RAOD
KOPPAL - 583 238.

                                           -     APPELLANT

(BY SRI VISHWANATH K. BHAT, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REP. BY ITS UNDER SECRETARY
       DEPARTMENT OF HIGHER EDUCATION
       M.S.BUILDING, DR. AMBEDKAR VEEDHI
       BENGALURU - 560 001.

2.     THE REGISTRAR
       RANI CHANNAMMA UNIVERSITY
       BHOOTRAMANHATTI, VIDYA SANGAM
       BELAGAVI - 591 156.

                                     -         RESPONDENTS

     THIS WRIT APPEAL IS FILED U/SEC.4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE
ORDER DATED 22.12.2021 PASSED BY THE LD. SINGLE JUDGE
                                    2



OF THIS HON'BLE COURT IN WP.NO.104959/2021 (S-RES) &
GRANT THE RELIEF AS PRAYED IN THE WRIT PETITION BY
ALLOWING THIS APPEAL WITH COSTS THROUGH OUT TO MEET
THE ENDS OF JUSTICE.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ANANT RAMANATH HEGDE J.,
DELIVERED THE FOLLOWING:

                         JUDGMENT

The petitioner in writ petition No.104959/2021 is

assailing the correctness of the order dated 22.12.2021,

wherein learned Single Judge has declined to grant the

relief claimed in the writ petition.

2. The petitioner pursuant to the notification

dated 11.09.2019 issued by the 2nd respondent submitted

application to consider his case for appointment for the

post of Deputy Registrar. This notification was later

withdrawn by the 2nd respondent citing Covid-19 pandemic

as the reason. The 2nd respondent following the

instructions of the Government circular dated 06.07.2020

has suspended the further action pursuant to notification

dated 11.09.2019. Subsequently, 2nd respondent issued

one more notification dated 04.10.2021 inviting the

applications for appointment to the post of Deputy

Registrar and other posts. The notification dated

04.10.2021 also provides that the persons, who have

applied under earlier notifications need not apply and the

applicants, who applied pursuant to notification dated

11.09.2019 would be considered as applicants in terms of

notification dated 04.10.2021. The learned Single Judge

has taken note of this particular aspect and has held that

the notification issued on 11.09.2019 does not confer any

vested right in favour of person who has applied pursuant

to notification dated 11.09.2019. Moreover, the present

appellant is not precluded from participating in the

selection process. We find no infirmity in the order passed

by the learned Single Judge. This is not a case where the

appellant is entitled to any relief in an appeal filed under

Section 4 of the Karnataka High Court Act.

Accordingly, appeal is dismissed.

In view of dismissal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration and are dismissed accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

am