Prof. K. R. Venkatesha Murthy vs State Of Karnataka By Its
2023 Latest Caselaw 10444 Kant

Karnataka High Court

Prof. K. R. Venkatesha Murthy vs State Of Karnataka By Its on 13 December, 2023

Author: N.S. Sanjay Gowda

Bench: N.S. Sanjay Gowda

                                         -1-
                                                     NC: 2023:KHC:45324
                                                WP No. 27693 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                   DATED THIS THE 13TH DAY OF DECEMBER, 2023
                                     BEFORE
                  THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA
                     WRIT PETITION NO.27693 OF 2023 (S-R)
            BETWEEN:

            1.    PROF. K.R. VENKATESHA MURTHY
                  S/O K.V. RAMA BHATTA
                  AGED ABOUT 62 YEARS
                  RETD. ASSOCIATE PROFESSOR OF CHEMISTRY
                  VIJAYA COLLEGE, R V ROAD
                  BASAVANAGUDI, BENGALURU 560 004.
Digitally
signed by         R/AT NO.26, 2ND CROSS, 2ND MAIN
KIRAN             KANADAYA NAGARA 1ST STAGE
KUMAR R
Location:
                  SRIRAMAPURA 2ND STAGE
HIGH              MYSURU - 570 023.
COURT OF
KARNATAKA
                                                          ...PETITIONER
            (BY SMT. SHRUTHI K, ADV.,)
            AND:

            1.    STATE OF KARNATAKA BY ITS
                  PRINCIPAL SECRETARY TO GOVERNMENT
                  EDUCATION DEPARTMENT
                  (HIGHER EDUCATION)
                  MS BUILDING, BENGALURU 560 001.

            2.    THE COMMISSIONER FOR
                  COLLEGIATE EDUCATION
                  UNNATHA SHIKSHANA SOUDHA
                  SHESHADRI ROAD
                  BENGALURU 560 001.

            3.    THE JOINT DIRECTOR OF COLLEGIATE
                  EDUCATION
                  KALIDASA MARGA
                             -2-
                                         NC: 2023:KHC:45324
                                      WP No. 27693 of 2023




    NEAR SESHADRI ROAD
    BENGALURU 560 009.
                                            ...RESPONDENTS
(BY SMT. PRATHIBHA R.K. AGA)


      THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
LETTER BEARING NO. DCE/594/CR-2/TBS/2021-22 DTD
17/11/2021 OF THE R-2 (ANNEXURE-G) IMPUGNED CIRCULAR
BEARING      NO.KAA.SHI.E.38.ITARE/2021-22/VA.NI     DTD
06/01/2022 OF THE R-2 (ANNEXURE-H) IN SO FAR AS THE
PETITIONER IS CONCERNED AND THE IMPUGNED ORDER
BEARING                   NO.KAA.SHI.E/PRAA.KA.BEM/AA.VI-
2/38/HRA/CC/2022 DTD 21/10/2022 PASSED BY THE R-3
(ANNEXURE-J) HOLDING THE SAME AS ILLEGAL, BAD IN LAW,
ARBITRARY ONE AND AGAINST TO THE JUDGMENT OF THE
HONBLE SUPREME COURT RENDERED IN THE CASE OF STATE
OF PUNJAB AND ORS V/S RAFIQ MASIH (WHITE WASHER) AND
OTHERS - (2015) 4 SCC 334 AND THUS VIOLATIVE OF ARTICLE
14, 16 AND 21 OF THE CONSTITUTION OF INDIA & ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

1. It is not in dispute that the issues raised in this

writ petition are covered by the decision rendered in

W.P.No.7871/2022 and connected matter in which the

impugned circular has already been quashed.

2. In the light of the above, the impugned circular

shall stand quashed and the recovery, if any, initiated

NC: 2023:KHC:45324

against the petitioner in terms of the said circular shall

also stand quashed.

3. Writ petition is, accordingly, allowed.

Sd/-

JUDGE

RV