Karnataka High Court
Sathees Naik.T vs The Vice Chancellor And Chairman on 27 July, 2023
Bench: S.Vishwajith Shetty
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WP No. 103657 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
W.P.No.103657/2017 (S-RES)
BETWEEN:
SATHEES NAIK T S/O TOGYA NAIK,
AGE: 29 YEARS,
POST: MADAKARIPURA,
CHITRADURGA-577524.
... PETITIONER
(BY SRI S.C.BHUTI, ADVOCATE)
AND:
1. THE VICE CHANCELLOR AND CHAIRMAN,
BOARD OF MANAGEMENT,
VISHAL UNIVERSITY OF AGRICULTURAL SCIENCES,
NINGAPPA KRISHINAGAR, DHARWAD-580005.
PATTIHAL
2. THE REGISTRAR AND MEMBER SECRETARY,
Digitally signed by
VISHAL NINGAPPA BOARD OF MANAGEMENT,
PATTIHAL
UNIVERSITY OF AGRICULTURAL SCIENCES,
Date: 2023.07.27
16:52:51 +0530 KRISHINAGAR, DAHRWAD-580005.
3. MR. SHIVALINGAPPA HOTKAR,
AGED ABOUT 26 YEARS,
ASST. PROFESSOR/
SCIENTIST AICRP, CHICKPEA,
AGRICULTURE RESEARCH STATION,
ALAND ROAD, KALBURGI-585301.
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WP No. 103657 of 2017
4. MR. NARASIMHAMURTHY H.B.,
AGED ABOUT 27 YEARS,
IIIST PH.D, DEPARTMENT OF PLANT PATHOLOGY,
UNIVERSITY YOF AGRICULTURAL AND
HORTICULTURAL SCIENCES,
SHIVAMOGGA-577204.
5. MR. HANAMANTH S/O BASANNA,
AGED ABOUT 27 YEARS,
1ST PH.D., EPARTMENT OF PLANT
PATHOLOGY,GANDHIKRISHI VIGYANA KENDRA,
UNIVERSITY OF AGRICULTURAL SCIENCES,
BENGALURU-560065.
... RESPONDENTS
(BY SRI RAMACHANDRA A MALI, ADVOCATE FOR R2;
SRI MRUTYUNJAYA TATA BANGI, ADVOCATE FOR R3;
SRI SURESH S SHETTEMMANNAVAR, ADVOCATES FOR R4;
R1 & R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE PROCEEDINGS OF 35TH MEETING OF THE BOARD
OF MANAGEMENT HLED ON 25.03.2017 IN IT M NO.14 IN
RESPECT OF RECRUITMENT TO THE VARIOUS POST OF
ASSISTANT PROFESSOR IN UAS, DHARWAD PASSED BY THE
1ST RESPONDENT VIDE ANNEXURE-M IN SO FAR AS IT
RELATES TO SC(1) RURAL & ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 21.07.2023, COMING ON FOR
'PRONOUNCEMENT OF ORDER, THIS DAY THE COURT MADE
THE FOLLOWING:
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WP No. 103657 of 2017
ORDER
1. The petitioner who had unsuccessfully participated in the
recruitment process that was held to the post of Assistant
Professor (Plant Pathology) under Scheduled Caste Rural
category by the respondent-University, is before this Court
seeking for the following reliefs:
(i) to quash the proceedings of 35th meeting of the
board of management held on 25.03.2017 in Item
No.14 in respect of recruitment to the various post
of Assistant Professor in UAS, Dharwad, passed by
the 1st respondent vide Annexure-M in so far as it
relates to SC(1) Rural.
(ii) Direct the Respondents 1 & 2 to appoint the
petitioner herein to the post of Assistant Professor
in UAS, Dharwad.
(iii) Pass such other order or orders as deem it
necessary on the facts and circumstances of the
case in the interest of justice and equity.
2. Heard the learned Counsel for the parties.
3. Facts leading to filing of this writ petition as revealed
from the records narrated briefly are, in response to the
notification published by the respondent-University calling for
applications from eligible candidate to fill up the post of
WP No. 103657 of 2017
Assistant Professor (Plant Pathology) which was reserved for
Scheduled Caste Rural category, the petitioner and other
eligible candidates had submitted their applications.
4. The petitioner, respondent nos.3 to 5 and other eligible
candidates were called for interview by respondent no.2 and
the Selection Committee had awarded marks to the candidates
based on their merit and had forwarded the same to the Board
of Management for its approval. In the meeting of the Board of
Management that was held on 25.03.2017, respondent no.3
who had secured overall highest percentage of marks, was
selected to the post of Assistant Professor (Plant Pathology)
which was reserved for Scheduled Caste Rural category and
respondent nos.4 & 5 were placed in the reserve list. Being
aggrieved by the same, the petitioner is before this Court
urging the following grounds:
• That the Selection Committee has not followed their own
guidelines while awarding marks to the candidates.
• That respondent nos.3 to 5 were not at all eligible as on
the date of their application for applying to the post of
Assistant Professor (Plant Pathology).
• That respondent nos.3 to 5 had not published requisite
number of full length papers as on the date of their
WP No. 103657 of 2017
application and inspite of the same, they were called for
interview and were awarded marks for papers which were
not at all published by them as on the date of the
application.
• That the papers which were published subsequently, have
been taken on record by the Selection Committee and
candidates who were not eligible even to participate in
the recruitment process were selected.
5. The respondents, after service of notice, have filed
detailed statement of objections. In the statement of objections
filed by respondent nos.1 & 2, it was contended that the
petitioner knowing fully well about the terms and conditions of
recruitment process and the score card had voluntarily
participated in the selection process, and therefore, he cannot
now turn around and challenge the selection process merely for
the reason that he was unsuccessful. Adverting to the
contention that respondent nos.3 to 5 were not eligible for
participation in the recruitment process, respondent nos.1 & 2
have stated in their statement of objections that respondent
nos.3 to 5 had published requisite number of full length papers
as on the date of their application and the applications of all the
candidates were scrutinized by qualified academic and
technically experienced persons, and therefore, there was no
WP No. 103657 of 2017
justification to the allegations made by the petitioner. The
allegations of the petitioner that though he was qualified, his
candidature was not considered and less marks were awarded
to him for his publications were also denied and it was stated
that petitioner was awarded maximum admissible 15 marks for
his scientific publications. It was stated that scientific
publications of respondent nos.3 to 5 were verified by the
experts in the Selection Committee and based on merit, marks
were awarded. The copy of the score card indicating the marks
awarded to the eligible candidates including the petitioner and
respondent nos.3 to 5 by the Selection Committee was
produced as Annexure-R1. The comparative statement and
extract of the said score card in respect of the petitioner and
respondent nos.3 to 5 reads as under:
Marks obtained for
Achieve-
ments in
Special
Aca- sports & Inter- Total
Medals/ Experi- attain-
demic cultural Publi- view marks
Awards/ ence in ments
l. Name qualifi- activities/ cations perfor- obtained
Recog. T/R/E in Aca.
No. cation NCC/NSS/ mance
Field
SG
Activities
(45 (6 (15 (5 (15 (10 (100
(4 marks)
marks) marks) marks) marks) marks) marks) marks)
1 Hanamant 17.083 0.0 0.0 1.50 0.0 10.0 4.0 32.583
S/o
Basanna
2 Shiva- 17.761 0.0 0.0 0.875 0.0 11.50 8.0 38.136
lingappa
Hotkar
3 Narasimha 17.908 0.0 0.0 0.0 0.00 15.00 4.00 36.968
Murthy.
H.B.
WP No. 103657 of 2017
4 Sateesh 9.82 0.0 0.0 2.5 0.0 15.0 5.00 32.32
Naik
6. Respondent no.3 who is the selected candidate had also
filed statement of objections denying the petition averments
and contended that he had duly published requisite number of
full length papers as on the date of publication and he being
the more meritorious candidate was rightly selected by the
Selection Committee to the post of Assistant Professor (Plant
Pathology).
7. After completion of the pleadings, when the matter was
posted for hearing before the Court on 10.07.2023, learned
Counsel for the petitioner made submissions disputing the
correctness of the statements made by respondent nos.1 to 3
in their statement of objections. He submitted that as on the
date of their application, respondent nos.3 to 5 did not have
requisite number of full length publications and if the records
are called for, he would be able to demonstrate the same
before this Court. He also made allegations of bias and mala
fides against the Selection Committee.
8. Considering the seriousness of the allegations which was
being made by the learned Counsel for the petitioner, on
WP No. 103657 of 2017
instructions from the petitioner who was present in the Court,
this Court had put them on notice regarding the seriousness of
their allegations against the Selection Committee and the Board
of Management which consisted of qualified and experienced
academicians. Inspite of the same, the petitioner stood by his
allegations and it is under the said circumstances, this Court on
10.07.2023 had passed the following order.
"Learned counsel appearing for the petitioner
submits that respondent Nos.3 to 5 were not at all
qualified to be appointed to the post of Assistant
Professors, since they had not published the
requisite number of full length papers in the
journals as on the date of filing their application. He
submits that the committee has favoured
respondent Nos.3 to 5 though they were not
eligible and the committee has given them marks
for the papers which they had not published.
This submission is made after respondent
Nos.2 & 3 have filed their statement of objections
producing the marks secured by all the candidates.
A serious allegation is made by the petitioner
against the expert committee constituted by
respondent No.1 - University consisting of reputed
and experienced academicians and therefore, the
petitioner is put to notice that in case, if
WP No. 103657 of 2017
respondent Nos.1 & 2 produce necessary material
before this Court to show that respondent Nos.3 to
5 were duly qualified to be considered to be
appointed to the post of Assistant Professors as on
the date of their application, the petitioner will have
to pay an exemplary cost of Rs.10,00,000/-
(Rupees ten lakhs only).
The petitioner has readily agreed for the
same and it is submitted that the petitioner stands
by the allegations made against the respondents.
Under the circumstances, respondent Nos.1 &
2 are directed to produce necessary material before
this Court to show that respondent Nos.3 to 5 were
duly qualified to be appointed to the post of
Assistant Professors pursuant to the notification at
Annexure-A, by the next date of hearing along with
an affidavit of the competent Officer.
Re-list this matter on 17.07.2023."
9. On 17.07.2023, learned Counsel appearing for
respondent nos.1 & 2 submitted that in compliance of the order
dated 10.07.2023, the responsible officer of the respondent-
University was present with an affidavit and he also submitted
that the original records were also available before the Court
for verification. He further submitted that the petitioner had
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WP No. 103657 of 2017
produced documents at Annexures-H, J & K along with the writ
petition which are not part of the original records and which are
not submitted by respondent nos.3 to 5. Considering the said
submission made by the learned Counsel for respondent nos.1
& 2, he was directed to file a detailed affidavit and the matter
was adjourned to 18.07.2023.
10. On 18.07.2023, learned Counsel for respondent nos.1 & 2
has filed a detailed affidavit of one Sri Sanganbasappa
Siddaramappa Angadi, Registrar of the respondent-University.
In paragraphs 4 to 6 of the said affidavit, it has been stated as
under:
"4. Further I submit that, the petitioner has
enclosed certain documents along with the writ
petition at Annex- H, J and K claiming to be the
scientific publication documents submitted by
respondents 3 to 5 along with their applications.
However, from thorough verification of the
university records pertaining to the original
applications submitted by the respondents 3 to 5 to
the university, it is seen that Annex-H document at
page No. 42 produced along with writ petition is not
part of application of R-3 and Annex-H is only
photo copy of internet downloaded page extract
from the website Indianjournals.com. Similarly,
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WP No. 103657 of 2017
page Nos. 43 to 52 of Annex-H are also internet
downloaded page extracts which are not part of
original application of R-3. Further the documents
claiming to be the scientific publications of R-4 are
not at all part of documents submitted by R-4 along
with his original application and these are not the
publications claimed by R-4 in his application.
Further Annex- K documents from page No. 101 to
109 produced by the petitioner along with the writ
petition claiming to be scientific publications of R-5
are also not part of the documents submitted by R-
5 along with his original application. Here it is
submitted that the petitioner has produced certain
documents at Annex- H, J and K claiming to be
scientific publications in respect of Respondents 3
to 5. But these are not the copies of the original
publications published in the journals. These are
internet page extracts obtained from internet
search engines like Indianjournals.com, which is
neither a journal nor a publisher of journals.
Indianjournals.com is an online platform wherein
scientific publications published in various journals
are uploaded for the public.
5. Further, I state that the petitioner has filed
the above petition on 13-4-2017 and submitted
documents along with the petition as annexures.
However, the petitioner obtained the copies of
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WP No. 103657 of 2017
applications submitted by R-3 to R-5 from the
university under RTI Act on 19-6-2017 i.e.
subsequent to filing of the writ petition. Thereafter,
though the university has supplied copies of all the
documents submitted by respondents 3 to 5 along
with their respective applications, but the petitioner
produced the same before this Hon'ble Court along
with his rejoinder. However, from the copies of
applications and documents served by the
petitioner to the university counsel, it is seen that
certain crucial documents and pages in respect of
scientific publications of R-3 and R-4 have been
randomly removed and certain documents which
are not part of the original applications have been
deliberately inserted to mislead this Hon'ble Court.
Details of such deletions and additions of papers
made by the petitioner are as under :-
i. In the copy of application of Respondent No.
3 said to have been obtained under RTI and
produced at Annexure P, the petitioner has added a
document after page 12, with a title Environment &
Ecology which is not there in the original
application. Further, petitioner has added copy of
Annexure H document of Writ Petition in RTI
application copy of R3 after page 37. Further, page
No.83, 84 & 85 (Journal page No.155, 156, 101)
and page Nos 96,97,98 and 99 (Journal page
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WP No. 103657 of 2017
No.37,38,39,40) are missing from the copy
obtained under RTI.
ii. Likewise, the petitioner has produced copy
of application and documents submitted by R-4 at
Annexure-Q along with the rejoinder which is again
said to have been obtained from University under
RTI application. The perusal of the copy of
Annexure-Q served to the University discloses that
page Nos. 21 to 23, 26, 27, 33,34,38,40,43,44, 61
and 69 are missing in the copy.
6. I state that the claim of petitioner in the
petition that, the 3rd respondent had only 1 full
length paper publication and 4 abstracts, and there
are no paper publications in respect of 4th
respondent and 5th respondent possessed only 1
full length paper publication and 4 abstracts, is
false and baseless. In fact, the respondents
No.3,4,5 have submitted several scientific
publications along with their applications. Further,
copies of these publications are submitted along
within the last date prescribed for submitting
application to the university. The details of the
scientific publications submitted by the respondents
No. 3,4 & 5 along with their applications are
furnished as below.
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WP No. 103657 of 2017
A. ABSTRACT OF SCIENTIFIC PUBLICATIONS OF
Sl. Particulars of publications Authorship No of
No. position publications
Upto Beyond submitted
rd
within
along with
rd application
1. Mr.ShivalingappaHotkar (Respondent No.3)
refereed scientific journals
(International level)
refereed scientific journals
(National level)
published in Journal / Seminar /
Symposium / Conference
bulletins / chapters in books
published by Universities / National
Institutes / Govt. Departments /
Standard Commercial Publishers /
Training Manuals / Laboratory
Manuals
2. Mr. Narasimhamurthy H.B. (respondent No.4)
refereed scientific journals
(International level)
refereed scientific journals
(National level)
published in Journal / Seminar /
Symposium / Conference
published in
Seminar/Symposia/Conferences
Universities / National Institutes /
Govt. Departments / Standard
Commercial Publishers / Training
Manuals / Laboratory Manuals
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WP No. 103657 of 2017
Sl. Particulars of publications Authorship No of
No. position publications
Upto Beyond submitted
rd
within
along with
rd application
Brochures published by
Universities / National Institutes /
Govt. Departments / Standard
Commercial Publishers
leading dailies / Institutional /
Government departmental
periodicals / Radio Talks / TV
programmes/ Phone-in
Programmes
3. Mr. Hanumanth B. (respondent No.5)
refereed scientific journals
(International level)
refereed scientific journals
(National level)
published in Journal / Seminar /
Symposium / Conference
leading dailies / Institutional /
Government departmental
periodicals / Radio Talks / TV
programmes/ Phone-in
Programmes
B. DETAILS OF SCIENTIFIC PUBLICATIONS OF
RESPONDENT NO.3 (MR. SHIVALINGAPPA
HOTKAR)
1) Full length papers published in refereed scientific journals:
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WP No. 103657 of 2017
Sl. Title Authorship position Year, name Volume, Issue&
No. Upto and Beyond of the Year
rd rd
within 3 3 periodical
International level :
1 Survey for 7 2016, Vol.10(1), Received:
Pomegranate wilt Journal of 23 October, 2105,
complex Caused by Pure and Accepted: 12
Ceratocystis fimbriata Applied December, 2015,
and Meloigogyne Microbiology Issue: March 2016
incognita in Northern
Karnataka.
2 Studies on Interaction 7 2016, Vol.10(1),
between Ceratocystis Journal of Received: 09
fimbriata and Pure and October, 2105,
Meloigogyne incognita Applied Accepted: 30
on Pomegranate wilt Microbiology November, 2015,
complex. Issue: March 2016
3 Integrated 7 2016, Vol.10(1),
Management of Journal of Received: 27
Ceratocystis fimbriata Pure and October, 2105,
Causing wilt in Applied Accepted: 09
Pomegranate. Microbiology December, 2015,
Issue: March 2016
4 Management of 8 2016, Vol.10(1),
PomegranatewiltComple Journal of Received: 11
x Caused by Pure and October, 2105,
Ceratocystis fimbriata Applied Accepted: 24
and Meloigogyne Microbiology December, 2015,
incognita. Issue: March 2016
National level:
1 Biology and 1 2016, Vol. 9(6),
development of root-knot Research in Received:
nematode (M. incognita) Environment 16.11.2015,
on Patchouli. and Life Revised Received:
Sciences. 11.05.2016,
Accepted:
14.05.2016
June 2016 Issue,
PNo.669-671.
2 Management of M. 1 2016, Vol. 9(6),
incognita infesting Research in Received:
Patchouli under field Environment 19.11.2015,
condition. and Life Revised Received:
Sciences. 10.05.2016,
Accepted:
14.05.2016
June 2016 Issue,
PNo.676-680.
3 Integrated Management 1 2016, Vol. 5(9),
of Root Knot Nematode Advances in Received:
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WP No. 103657 of 2017
Sl. Title Authorship position Year, name Volume, Issue&
No. Upto and Beyond of the Year
rd rd
within 3 3 periodical
Infesting Patchouli Life 27.04.2016,
Under Field Condition. Sciences. Accepted:
02.05.2016,
May 2016 Issue, P.
No. 3853-3859.
2) Research Note/Abstracts published in Journal / Seminar /
Symposium / Conference:
Sl. Title Authorship position Year, name of the Volume &
No. Upto and Beyond periodical Issue
rd rd
within 3 3
1 Evaluation of 1 2014, National pp-24.
biorationals for Symposium on Plant Issue:11-12
management of root Diseases: New December,
knot nematode Perspectives and 2014
(Meloidogyne incognita) Innovative
infesting carrot Management
Strategies.
2 Management of banana 6 2014, National pp- 25
burrowing nematode Symposium on Plant Issue:11-12
(Rodopholussimilis) Diseases: New December,
using bio-inoculants Perspectives and 2014
Innovative
Management
Strategies.
3 Integrated Management 6 2014, National pp- 23
of root knot nematode, Symposium on Plant Issue:11-12
Meloidogyne incognita Diseases: New December,
infesting pomegranate Perspectives and 2014
Innovative
Management
Strategies.
4 Management of root 6 2014, National pp- 13
knot nematode Symposium on Plant Issue:11-12
(Meloidogyne incognita) Diseases: New December,
in transplanted rice Perspectives and 2014
Innovative
Management
Stratergies.
5 Rapid row Survey: 3 2016, National pp-111
Status of Pest and Symposium on Recent Issue:5-6
Disease of Major crops trends in Plant January,
of Gulbarga Pathological research 2016
and education
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WP No. 103657 of 2017
Sl. Title Authorship position Year, name of the Volume &
No. Upto and Beyond periodical Issue
rd rd
within 3 3
6 Management of 1 2016, National pp- 214
(Meloidogyne incognita) Symposium on Recent Issue:5-6
on Patchouli under trends in Plant January,
Natuaral Epiphytotic Pathological research 2016
condition and education
7 Biology and 1 2016, National pp- 215
development of root Symposium on Recent Issue:5-6
knot nematode trends in Plant January,
(Meloidogyne incognita) Pathological research 2016
on Patchouli under pot and education
condition
8 Screening of Pigeonpea 6 2016, National pp- 144
Germplasm against Symposium on Recent Issue:5-6
Fusarium Wilt and trends in Plant January,
sterility Mosaic Disease Pathological research 2016
(SMD) and education
9 GRG-811-A Wilt and 7 2016, National pp- 146
Sterility Mosaic Disease Symposium on Recent Issue:5-6
Resistant Early Medium trends in Plant January,
Duration Pigeonpea Pathological research 2016
Variety and education
10 Evaluation of 7 2016, National pp- 147
PigeonpeaMinocore Symposium on Recent Issue:5-6
collections against trends in Plant January,
sterility Mosaic Disease Pathological research 2016
(SMD) and education
11 Efficacy of New 7 2016, National pp- 01
Fungicide Molecules Symposium on Recent Issue:5-6
Taqat 75% WP as seed trends in Plant January,
treatment against Pathological research 2016
Pigeonpea Wilt caused and education
by Fusarium udum
12 Management of 7 2016, National pp- 181,
Pigeonpea Wilt caused Symposium on Recent Issue:5-6
by Fusarium trends in Plant January,
udumthrough bioagents Pathological research 2016
and education
13 Efficacy of Pasturia 1 2016, National pp-14,
th
penetrance against of conference on 17
root-knot nematode, advances in Feb.,2016
Meloidogyne biodiversity, science,
incognitainfesting brinjal engineering and the
environment.
14 Biomanagement of root- 1 2016, National pp-14-15,
th
knot nematode, conference on 17
Meloidogyne advances in Feb.,2016
incognitainfesting biodiversity, science,
tomato using Glomus engineering and the
fasciculatum environment.
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WP No. 103657 of 2017
Sl. Title Authorship position Year, name of the Volume &
No. Upto and Beyond periodical Issue
rd rd
within 3 3
15 Nutritional status in okra 1 2016, National pp-15-16
th
infested with root-knot conference on 17
nematode as influence advances in Feb.,2016
by bioinoculants biodiversity, science,
engineering and the
environment
16 Screening of BC4F1, 2 2016, National pp-39
th
BC5F1 and F1 conference on 17
Generations for advances in Feb.,2016
Fusarium Wilt biodiversity, science,
and SMD diseases engineering and the
reaction in Pigeonpea environment
[Cajanus cajan (L)
Millsp.]
17 Investigation on wilt 2 2016, National pp-40
th
complex in conference on 17
pomegranate and its advances in Feb.,2016
management biodiversity, science,
engineering and the
environment
18 Soil and water 3 2016, National pp- 37
th
conservation conference on 17
advances in Feb.,2016
biodiversity, science,
engineering and the
environment
3) Research bulletins/extension bulletins / chapters in books published
by Universities / National Institutes / Govt. Departments / Standard
Commercial Publishers / Training Manuals / Laboratory Manuals.
Sl. Title Authorship position Name of the Year
No. Upto and Beyond periodical
rd rd
within 3 3
1 Diseases of 4 2015-16 Agriculture 2015-16
Horticultural crops and college Kalaburagi
their management
PAT-302 (2+1)
C. DETAILS OF SCIENTIFIC PUBLICATIONS OF
RESPONDENT NO.4 (MR. NARASIMHAMURTHY
H.B.)
1) Full length papers published in refereed scientific journals:
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WP No. 103657 of 2017
Sl. Title Authorship Name of the Volume, Issue &
No. position periodical Year
Upto and Beyond
rd rd
within 3 3
International level :
1 Evaluation of rice land 3 African 9(16):1128-1131,
races against rice root Journal of 2015
knot nematode, Microbiology
meloidogynegraminicola. research
2 Survival strategies of 3 CurrenttNema 25(1,2):25-29, 2015
Meloidogyne otology
Graminicola under
different soil ph regimes
of rice growing districts
of Karnataka
3 Status of Meloidogyne 3 CurrenttNema 26(1,2):7-12, 2015
Graminicola under otology
different organic carbon
regimes of rice growing
districts of Karnataka
4 Investigation of rice root 2 Plant Disease 2016
Knot nematode and (American
Weeds interactions inn Phytopathologi
rice agro eco system cal Society,
Journal)
(Accepted for
publication)
5 A novel approach for the 3 African 9(00):00-00, 2015
management of Root-knot Journal of
nematode by using Acacia Microbiology
compost and Bio-agents in research
Tomato Field.
6 Prevalence of Root-knot 5 Pakistan 33(1):113-114,
nematode (Meloidogyne Journal of 2015
Spp.) on Sunflower in Nematology
Malnad region of
Karnataka.
7 Incidence of Root-knot 6 Journal of 6(4):51-55, 2014
Nematode (Meloidogyne Entomology
Incognita) in black pepper and
in Karnataka Nematology
8 Ecofriendly management 6 Pakistan 32(1): 33-38, 2014
of Root-knot Nematodes Journal of
using Acacia Compost and Nematology
Bio-agents in Brinjal
9 Root-knot nematode 5 Pakistan 34(1):63-65, 2016
(Meloidogyne Spp.) on Journal of
Coriander under Shade Nematology
Net condition from
Karnataka, India
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WP No. 103657 of 2017
Sl. Title Authorship Name of the Volume, Issue &
No. position periodical Year
Upto and Beyond
rd rd
within 3 3
10 Status of Plant Parasitic 5 Current 24(1,2): 39-48, 2013
Nematode problems of Nematology
Karnataka and their
management with special
reference to genus
Meloidogyne
11 Quick wilt of Black 5 Current 24(1,2): 31-33, 2013
Pepper in Karnataka, India Nematology
National level:
1 Survey and digital 6 Indian Journal 44(1): 27-31, 2014
mapping of Rice Root- of Nematology
Knot Nematode incidence
in Karnataka, India
2) Research Note/Abstracts published in Journal / Seminar /
Symposium / Conference:
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 Year
1 First report of Root-knot 3 Indian Journal of 45(1):121-
Nematode (Meloidogyne Nematology 122, 2015
Spp.) on Garlic in India
2 Incidence of Root-knot 5 Indian Journal of 43:2, 2013
Nematode Meloidogyne Nematology
Graminicola on Onion in
Karnataka
3 Indigenous technique for 1 National Seminar on 2015
the management of Root- contextual relevance of
knot Nematode in ITKs in Plant protection
Cucumber under organized by ICAR-
protected cultivation NCIPM and ICAR-IARI,
New Delhi. pp.
4 Survey and mapping of 1 International Rice Nov:18-20,
Rice Root-knot Symposium-IRS, pp. 515,
Nematode in Shivamogga Hyderabad 2015
and Davanagere Districts
of Karnataka State
5 Survey and integrated 1 National Symposium of 5-6 Jan,
management of Rice recent trends in Plant 2016,
Root-knot Nematode, Pathological research pp64-65
Meloidogyne and education, IPS (S-Z),
Graminnicola UAS,Raichur
6 Status of Rice Root-knot 3 National Symposium of 5-6th Jan.
Nematode (Meloidogyne recent trends in Plant p.3-4,
Graminnicola) in Pathological research 2016
Karnataka and education, IPS (S-Z),
UAS,Raichur
- 22 -
WP No. 103657 of 2017
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 Year
7 In vivo evaluation of 4 International Symposium 10-12 Dec,
Turmeric genotypes on Plantation Crops, 2014
against root-knot (PLACROSYM-XXI),
Nematode (Meloidogyne Calicut, organized by
Spp.) ICAR-Indian Institute of
Spices Research (ICAR-
IISR), Calicut, Kerala
8 Galling pattern of 2 National Symposium on pp 114,
Meloidogyne Nematode: A friend and 2013
Garminicola in foe of Agri-Horticulture
Shivamogga, district of crops, Solan
Karnataka
9 Evaluation of Rice 6 National Symposium on pp 114,
Cultivors against Root- Nematode: A friend and 2013
knot Nematode foe of Agri-Horticulture
Meloidogyne crops, Solan
Graminicola (Golden and
Brichfield) in the field
10 In-vitro evaluation of 1 6th International Feb. 23-
Rice genotypes against Conference,Plant 27, P565,
Rice Root-knot Pathogens and 2016
Nematode, Meloidogyne People,New Delhi
Graminicola
11 Evaluation of Bio- 4 6th International Feb. 23-
pesticides for the Conference,Plant 27, P402,
management of Root- Pathogens and 2016
knot Nematode in Okra People,New Delhi
3) Full length papers presented & published in Seminar/ Symposia/
Conferences:
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue & year
rd rd
within 3 3
1 Integrated management 3 National Seminar on pp.63-66, 29th
of Root-knot Nematode contextual relevance of Oct. 2015
by using indigenous ITKs in Plant
technological knowledge protection organized by
and bio-agents in Bhendi ICAR-NCIPM and
ICAR-IARI, New
Delhi.
2 Innovative approach for 5 National Seminar on pp.133-134,
the management of pest contextual relevance of 29th Oct. 2015
and diseases in Ginger ITKs in Plant
protection organized by
ICAR-NCIPM and
ICAR-IARI, New
Delhi.
- 23 -
WP No. 103657 of 2017
4) Books published by individuals.
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 year
1 Distribution of Rice 3 Published by Directorate P 24, 2014
Root-knot Nematode in of Research,UAHS,
Karnataka, Karnataka Shivamogga
Nematode Atlas-1
2 Comprehensive 3 Published by Directorate P 54, 2016
monograph of Rice Root- of Research,UAHS,
knot Nematode Shivamogga
(Meloidogyne
Gramincola)
3 Compendium of new 3 Published by Directorate P 28, 2015
plant nematode diseases of Research,UAHS,
of Karnataka Shivamogga
4 Guide for Plant 3 Published by Directorate P 23, 2015
Nematode disease of Research,UAHS,
management Shivamogga
5 Pictorial guide - 4 Published by Directorate P 56, 2016
Important Nematode of Research,UAHS,
Diseases of Karnataka Shivamogga
5) Chapters in books published by Universities / National Institutes /
Govt. Departments / Standard Commercial Publishers / Training
Manuals / Laboratory Manuals.
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue and
rd rd
within 3 3 year
1 Integrated management 3 Indigenous technologies pp.238,
of Root-knot Nematode in plant 2016
by using ITK and Bio- protection,published by
agents in Bhendi ICAR-NCIPM,New
Delhi
2 Innovative approach for 5 Indigenous technologies pp. 195-
the management of pest in plant 198, 2016
and diseases in Ginger protection,published by
ICAR-NCIPM,New
Delhi
6) Extension leaflets / Folders / Brochures published by Universities /
National Institutes / Govt. Departments / Standard Commercial
Publishers
- 24 -
WP No. 103657 of 2017
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue and
rd rd
within 3 3 year
1 ªÀÄĸÀÄQ£À eÉÆüÀzÀ dAvÀÄ 3 Director of Research, 2015
gÉÆÃUÀUÀ¼ÀÄ ªÀÄvÀÄÛ CªÀÅUÀ¼À UAHS,Shivamogga
¤ªÀðºÀuÉ
(Nematode diseases in
Maize and their
management)
2 ¨Á¼ÉAiÀÄ°è PÀAzÀÄ ªÀÄZÉÑ dAvÀÄ 3 Director of Research, 2015
ºÀļÀÄ«£À gÉÆÃUÀ ªÀÄvÀÄÛCzÀgÀ UAHS,Shivamogga
¤ªÀðºÀuÉ
(Burrowing Nematode of
Banana and its
management)
3 ¨sÀvÀÛ ªÀÄvÀÄÛ ªÀÄĸÀÄQ£À eÉÆüÀzÀ°è 3 Director of Research, 2015
dAvÀÄ gÉÆÃUÀUÀ¼À ¸ÀªÀÄUÀæ ¤ªÀðºÀuÉ UAHS,Shivamogga
(Integrated Nematode
disease management in
Rice and Maize)
4 ¸ÀAgÀQëvÀ ¨ÉøÁAiÀÄzÀ°è (¥Á°ªÀÄ£É 3 Director of Research, 2016
/ ºÀ¹gÀĪÀÄ£É) dAvÀÄ ºÀļÀÄ UAHS,Shivamogga
gÉÆÃUÀUÀ¼ÀÄ ºÁUÀÆ CªÀÅUÀ¼À
¤ªÀðºÀuÉ.
(Poly House Nematode
diseases and their
management)
5 ±ÀÄAn ªÀÄvÀÄÛ Cj²t ¨É¼ÉUÀ¼À 3 Director of Research, 2016
¥ÀæªÀÄÄRdAvÀÄ ºÀļÀÄ gÉÆÃUÀUÀ¼ÀÄ UAHS,Shivamogga
ºÁUÀÆ CªÀÅUÀ¼À ¤ªÀðºÀuÉ.
(Ginger and Turmeric
Nematode Diseases and
their management)
6 Safer use of pesticides 6 Director of Research, 2016
UAHS,Shivamogga
7 Rice Root-knot 5 Director of Research, 2014
Nematode management UAHS,Shivamogga
in Shivamogga,
Karnataka
7) Popular articles published in leading dailies / Institutional /
Government departmental periodicals / Radio Talks / TV
programmes/ Phone-in Programmes
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue and
rd rd
within 3 3 year
1 ShamrakshithaBhesayada 3 NegilaMiditha 1(1):2015
llijanthuhuluroogagalarir
vahane
- 25 -
WP No. 103657 of 2017
D. DETAILS OF SCIENTIFIC PUBLICATIONS OF
RESPONDENT NO.5 (MR.HANUMANTH B.)
1) Full length papers published in refereed scientific journals:
Sl. Title Authorship position Name of the Volume, Issue &
No. Upto and Beyond periodical Year
rd rd
within 3 3
International level :
1 Apparent rate of infection 1 Progressive Vol.10(special -III):
and area under disease research - An 1665-1667, 2015
progress curve: A major International
of slow rusting resistance Journal.
in Pearl Millet genotypes Society for
Scientific
development
in
Agriculture
and
Technology
Meerut.
(UP), India
National level:
1 Components of slow 1 Journal of Vol.11(1) , 2016
rusting resistance in Perl Eco-friendly
Millet genotypes Agriculture
2 Nature of Biochemical 1 Research in Vol.9,No 8/9, 2016
parameters in slow Environment
rusting Pearl Millet and Life
genotypes Sciences
2) Research Note/Abstracts published in Journal / Seminar /
Symposium / Conference:
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 Year
1 Nature of slow rusting 1 National Symposium on pp.13, 11-12,
resistance in Pearl Millet Plant Diseases: New December,
genotypes perspectives and 2014
innovative management
strategies
2 Effect of incubation 3 National Symposium on pp.105, 5-6
period, temperature Recent Trends in Plant Jan, 2016
levels, relative humidity Pathological Research
and PH on conidial and education.
germination of Leveillula
Taurica (Lev.) Arnaud,
the causal agent of
- 26 -
WP No. 103657 of 2017
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 Year
powdery mildew of
Chickpea.
3 Biochemical mechanism 1 Rainfed-2015, National May 3-4,
of resistance in slow and Conference on 2015
fast rusting Pearl Millet Reinvigorating
genotypes. Agricultural Innovations
for Farmers
Empowerment and
development
4 Slow rusting resistance 3 International Conference Feb.23-27,
and integrated on Plant Pathogens and 2016
management of Pearl People
Millet rust in Karnataka,
India
3) Popular articles published in leading dailies / Institutional /
Government departmental periodicals / Radio Talks / TV
programmes/ Phone-in Programmes:
Sl. Title Authorship position Name of the Volume,
No. Upto and Beyond periodical Issue&
rd rd
within 3 3 Year
1 £ÀAeÁ£ÀÄ §¼À¹ QÃl ¤ªÀðºÀuÉ, 1 PÀȶ «ÄvÀæ Jan 2015
J£ï.¦.«. UÀ¼À §¼ÀPÉ ªÀÄvÀÄÛ
¥ÁvÀæ.
2 ±ÀÄAn ¨É¼ÉAiÀÄ°è ¸À¸Àå ¸ÀAgÀPÀëuÁ 1 ©ÃzÀgÀ ¸ÀÄ¢Ý, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ July, 2015
vÁAwæPÀvÉUÀ¼ÀÄ
3 eÉÊ«PÀgÉÆÃUÀ £Á±ÀPÀUÀ¼ÀÄ 1 77 ©ÃzÀgÀ ¸ÀÄ¢Ý, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ July, 2015
4 ±ÀÄAn ¨É¼ÉAiÀÄ°è gÉÆÃUÀ ªÀÄvÀÄÛQÃl 1 PÀȶ ªÁt 2015
¤ªÀðºÀuÉ
5 ¨Á¼É ¨É¼ÉAiÀÄ°è ¥ÀæªÀÄÄR gÉÆÃUÀUÀ¼À 1 ºÉÊ ©ÃzÀgÀ, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ Aug. 2015
¸ÀªÀÄUÀæ ¤ªÀðºÀuÉ
6 ªÀiÁ«£À ºÀtÂÚ£À ¥ÀæªÀÄÄR 1 ºÉÊ ©ÃzÀgÀ, PÀ£ÀßqÀ ¢£À¥ÀwæPÉ Aug. 2015
gÉÆÃUÀUÀ¼ÀÄ ºÁUÀÆ CªÀÅUÀ¼À
¤ªÀðºÀuÉ
7 CeÉÆïÁ 1 C±ÉÆÃPÁ PÉÆÃmÉPÀ£ÀßqÀ ¢£À¥ÀwæPÉ, Aug. 2015
©ÃzÀgÀ
8 zÁæQë ¨É¼ÉAiÀÄ gÉÆÃUÀUÀ¼ÀÄ ºÁUÀÆ 1 PÀȶ «ÄvÀæ Sept. 2015
CªÀÅUÀ¼À ¤ªÀðºÀuÉ
9 ¨ÉAqÉ ¨É¼ÉAiÀÄ ¥ÀæªÀÄÄR gÉÆÃUÀUÀ¼ÀÄ 1 PÀȶ «ÄvÀæ Oct. 2015
ºÁUÀÆ CªÀÅUÀ¼À ºÀvÉÆÃn
PÀæªÀÄUÀ¼ÀÄ
10 ºÉ¸ÀgÀÄ ¨É¼ÉAiÀÄ gÉÆÃUÀUÀ¼ÀÄ ªÀÄvÀÄÛ 1 PÀȶ «ÄvÀæ March 2016
CªÀÅUÀ¼À ºÀvÉÆÃn PÀæªÀÄUÀ¼ÀÄ
- 27 -
WP No. 103657 of 2017
11. The details of the scientific publications submitted by
respondent nos.3 to 5 along with their applications has been
furnished in the said affidavit. A perusal of the same would
clearly go to show that respondent nos.3 to 5 had published full
length papers/scientific publications in requisite number as on
the date of their publication. The affidavit filed on behalf of
respondent nos.1 & 2 was taken on record by this Court on
18.07.2023 and at the request of the learned Counsel for the
petitioner to enable the petitioner to file reply, if any, the
matter was directed to be listed on 21.07.2023. On the said
date, learned Counsel for the petitioner has filed a memo
seeking permission of this Court to retire in the case.
12. However, the petitioner who had appeared before the
Court in person had filed a counter affidavit in reply to the
affidavit filed by respondent no.2 on 18.07.2023 stating that
the allegations made in the affidavit of respondent no.2 against
the petitioner were false. However, in paragraph 4 of his
affidavit, he has stated as under:
"4. I state that, I have already produced the
Annexure-H along with my writ petition but by
inadvertently it has attached with Annexure-P at
- 28 -
WP No. 103657 of 2017
the time of making copy of xerox and I have not
deliberately insert or deleting any pages from the
documents produced by me before this Hon'ble
Court."
13. The Hon'ble Supreme Court in the case of TAJVIR SINGH
SODHI & ORS. VS THE STATE OF JAMMU AND KASHMIR & ORS.
- (2023)3 SCR 714, in paragraph 12 has observed as under:
"12. Before proceeding further, it is
necessary to preface our judgment with the view
that Courts in India generally avoid interfering in
the selection process of public employment,
recognising the importance of maintaining the
autonomy and integrity of the selection process.
The Courts recognise that the process of selection
involves a high degree of expertise and discretion
and that it is not appropriate for Courts to
substitute their judgment for that of a selection
committee. It would be indeed, treading on thin ice
for us if we were to venture into reviewing the
decision of experts who form a part of a selection
board. The law on the scope and extent of judicial
review of a selection process and results thereof,
may be understood on consideration of the
following case law:
i) In Dalpat Abasaheb Solunke vs. Dr. B.S.
Mahajan, AIR 1990 SC 434, this Court clarified the
- 29 -
WP No. 103657 of 2017
scope of judicial review of a selection process, in
the following words:
"9...It is needless to emphasise that it
is not the function of the court to hear
appeals over the decisions of the selection
committees and to scrutinise the relative
merits of the candidates. Whether the
candidate is fit for a particular post or not has
to be decided by the duly constituted
selection committee which has the expertise
on the subject. The court has no such
expertise. The decision of the selection
committee can be interfered with only on
limited grounds, such as illegality or patent
material irregularity in the constitution of the
committee or its procedure vitiating the
selection, or proved malafides affecting the
selection etc....."
ii) In a similar vein, in Secy. (Health) Deptt. Of
Health & F.W. vs. Dr. Anita Puri, (1996) 6 SCC 282,
this Court observed A B C D E F G H 749 as under
as regards the sanctity of a selection process and
the grounds on which the results thereof may be
interfered with:
"9. ... It is too well settled that when a
selection is made by an expert body like the
Public Service Commission which is also
- 30 -
WP No. 103657 of 2017
advised by experts having technical
experience and high academic qualification in
the field for which the selection is to be
made, the courts should be slow to interfere
with the opinion expressed by experts unless
allegations of mala fide are made and
established.
It would be prudent and safe for the
courts to leave the decisions on such matters
to the experts who are more familiar with the
problems they face than the courts. If the
expert body considers suitability of a
candidate for a specified post after giving due
consideration to all the relevant factors, then
the court should not ordinarily interfere with
such selection and evaluation......."
iii) This position was reiterated by this Court in M.
V. Thimmaiah vs. Union Public Service Commission,
(2008) 2 SCC 119, in the following words:
"21. Now, comes the question with
regard to the selection of the candidates.
Normally, the recommendations of the
Selection Committee cannot be challenged
except on the ground of mala fides or serious
violation of the statutory rules. The courts
cannot sit as an Appellate Authority to
examine the recommendations of the
- 31 -
WP No. 103657 of 2017
Selection Committee like the court of appeal.
This discretion has been given to the
Selection Committee only and courts rarely
sit as a court of appeal to examine the
selection of the candidates nor is the
business of the court to examine each
candidate and record its opinion...
Xxx
30. We fail to understand how the
Tribunal can sit as an Appellate Authority to
call for the personal records and constitute
Selection Committee to undertake this
exercise. This power is not given to the
Tribunal and it should be clearly understood
that the assessment of the Selection
Committee is not subject to appeal either
before the Tribunal or by the courts. One has
to give credit to the Selection Committee for
making their assessment and it is not subject
to appeal. Taking the overall view of ACRs of
the candidates, one may be held to be very
good and another may be held to be good. If
this type of interference is permitted then it
would virtually amount that the Tribunals and
the High Courts have started sitting as
Selection Committee or act as an Appellate
Authority over the selection. It is not their
domain, it should be clearly understood, as
- 32 -
WP No. 103657 of 2017
has been clearly held by this Court in a
number of decisions....."
iv) Om Prakash Poplai and Rajesh Kumar
Maheshwari vs. Delhi Stock Exchange Association
Ltd., (1994) 2 SCC 117, was a case where an
appeal was filed before this Court challenging the
selection of members to the Delhi Stock Exchange
on the ground that the Selection Committee formed
for the aforesaid purpose, arbitrarily favoured some
candidates and was thus, against Article 14. This
Court rejected the allegation of favouritism and
bias by holding as under:
"5. ...the selection of members by the Expert
Committee had to be done on the basis of an
objective criteria taking into consideration
experience, professional qualifications and
similar related factors. In the present cases,
we find that certain percentage of marks
were allocated for each of these factors,
namely, educational qualifications,
experience, financial background and
knowledge of the relevant laws and
procedures pertaining to public issues etc. Of
the total marks allocated only 20 per cent
were reserved for interviews. Therefore, the
process of selection by the Expert Committee
was not left entirely to the sweet-will of the
- 33 -
WP No. 103657 of 2017
members of the Committee. The area of play
was limited to 20 per cent and having regard
to the fact that the members of the Expert
Committee comprised of two members
nominated by the Central Government it is
difficult to accept the contention that they
acted in an unreasonable or arbitrary
fashion......" 12.1. Thus, the inexorable
conclusion that can be drawn is that it is not
within the domain of the Courts, exercising
the power of judicial review, to enter into the
merits of a selection process, a task which is
the prerogative of and is within the expert
domain of a Selection Committee, subject of
course to a caveat that if there are proven
allegations of malfeasance or violations of
statutory rules, only in such cases of inherent
arbitrariness, can the Courts intervene.
Thus, Courts while exercising the power of
judicial review cannot step into the shoes of
the Selection Committee or assume an
appellate A B C D E F G H 751 role to
examine whether the marks awarded by the
Selection Committee in the viva-voce are
excessive and not corresponding to their
performance in such test. The assessment
and evaluation of the performance of
candidates appearing before the Selection
- 34 -
WP No. 103657 of 2017
Committee/Interview Board should be best
left to the members of the committee. In
light of the position that a Court cannot sit in
appeal against the decision taken pursuant to
a reasonably sound selection process, the
following grounds raised by the writ
petitioners, which are based on an attack of
subjective criteria employed by the selection
board/interview panel in assessing the
suitability of candidates, namely, (i) that the
candidates who had done their post-
graduation had been awarded 10 marks and
in the viva-voce, such PG candidates had
been granted either 18 marks or 20 marks
out of 20. (ii) that although the writ
petitioners had performed exceptionally well
in the interview, the authorities had acted in
an arbitrary manner while carrying out the
selection process, would not hold any water."
14. In the case of MOHD. MUSTAFA VS UNION OF INDIA &
ORS. - (2021)11 SCR 163, the Hon'ble Supreme Court in
paragraph 16 has observed as under:
"16. Conditions prompted by extraneous or
irrelevant considerations are unreasonable and
liable to be set aside by Courts in exercise of its
power under judicial review. (See: State of U.P. v.
- 35 -
WP No. 103657 of 2017
Raja Ram Jaiswal, Sheonandan Paswan v. State of
Bihar & Others, Sant Raj v. O.P. Singla, Padfield v.
Minister of Agriculture). A decision can be arrived
at by an authority after considering all relevant
factors. If the discretionary power has been
exercised in disregard of relevant consideration, the
Court will normally hold the action bad in law.
Relevant, germane and valid considerations cannot
be ignored or overlooked by an executive authority
while taking a decision. It is trite law that Courts in
exercise of power under judicial review do not
interfere with selections made by expert bodies by
reassessing comparative merits of the candidates.
Interference with selections is restricted to
decisions vitiated by bias, mala fides and contrary
to statutory provisions. (See: Dalpat Abasaheb
Solunke v. Dr. B.S. Mahajan, Badrinath v. State of
T.N., National Institute of Mental Health and Neuro
Sciences v. Dr. K. Kalyana Raman, Major General
I.P.S Dewan v. Union of India, Union Public Service
Commission v. Hiranyalal Dev, M. V. Thimmaiah v.
UPSC and UPSC v. Sathiyapriya).
15. In the light of the statement of objections filed on behalf
of respondent nos.1 to 3 which clearly demonstrate that the
petitioner had scored much lesser marks compared to
respondent nos.3 to 5 and taking into consideration that
respondent nos.3 to 5 were also duly qualified and eligible for
- 36 -
WP No. 103657 of 2017
participating in the recruitment process, this Court had
appraised the learned Counsel for the petitioner about the
position of law having regard to the aforesaid two judgments.
However, learned Counsel for the petitioner on instructions
from the petitioner, had made allegations of bias and mala
fides against the Selection Committee and the Board of
Management and it is under the said circumstances, the order
dated 10.07.2023 was passed by this Court putting the
petitioner on notice that he would be liable to pay exemplary
costs in the event the allegations made against the expert
committee/selection committee is found to be false.
16. Respondent no.2 has, thereafter, filed a detailed affidavit
not only furnishing the particulars of the full length
papers/scientific publications of respondent nos.3 to 5, but in
the affidavit, it has been also stated that the documents
produced by the petitioner at Annexures-H, J & K are not part
of the original documents and they were not submitted by
respondent nos.3 to 5, and on the other hand, the said
documents were procured from the website i.e.,
indianjournals.com which is an online platform where scientific
publications published in various journals are uploaded for the
- 37 -
WP No. 103657 of 2017
public. The original files were also made available to the Court
which included the full length papers/scientific publications of
respondent nos.3 to 5 and the petitioner.
17. In the counter affidavit filed by the petitioner, though he
has denied the allegation made against him regarding insertion
of some papers by Annexures-H, J & K, in paragraph 4 of his
counter affidavit, he has also stated that by inadvertence he
has inserted certain pages along with the annexures. However,
in the counter affidavit, he has not denied the particulars of the
full length papers/scientific publications of respondent nos.3 to
5. Therefore, it is very clear that the allegation of mala fides
and bias by the petitioner against the selection committee and
the Board of Management of the respondent-University was
totally baseless.
18. The material on record would also go to show that the
petitioner has not approached this Court with clean hands. The
petitioner has inserted certain papers along with Annexures-H,
J & K, which are not part of the original documents and in his
counter affidavit, the petitioner states that the said mistake
was inadvertently done by him and the same was not
deliberate.
- 38 -
WP No. 103657 of 2017
19. The material on record would clearly go to show that
respondent nos.1 & 2 have selected more meritorious candidate
out of the candidates who were interviewed for the post of
Assistant Professor (Plant Pathology) which was reserved for
Scheduled Caste Rural category. However, the petitioner who
had unsuccessfully participated in the process of recruitment,
has thereafter, made reckless and baseless allegations against
the Selection Committee and also the Board of Management. In
addition to the same, the petitioner is also guilty of
approaching this Court with unclean hands and he has
produced Annexures-H, J & K by inserting certain pages to the
said documents which are not part of the original records and
they were not part of the publications submitted by respondent
nos.3 to 5 as found in the original records. Under the
circumstances, I am of the considered view that the writ
petition is liable to be dismissed with exemplary costs.
20. Though this Court had expressed in its order dated
10.07.2023 that in the event the allegations made by the
petitioner against the expert committee/selection committee is
found to be false and baseless, he would be liable to pay
exemplary costs of Rs.10 lakhs, taking into consideration that
- 39 -
WP No. 103657 of 2017
the petitioner is presently working as a temporary employee, I
am inclined to reduce the proposed cost. Accordingly, the
following order.
21. The writ petition is dismissed with cost of Rs.one lakh.
The petitioner is directed to pay the said cost in favour of
Karnataka State Legal Services Authority, Bengaluru, within a
period of two months from the date of receipt of the certified
copy of this order.
Sd/-
JUDGE
KK
