Karnataka High Court
Smt. N. Sunanda vs Bengaluru University on 3 October, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:35579-DB
WA No. 458 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 458 OF 2023 (S-RES)
BETWEEN:
SMT. N. SUNANDA,
AGED ABOUT 55 YEARS,
WORKING AS ASSISTANT REGISTRAR,
JNANA BHARATHI CAMPUS,
BENGALURU UNIVERSITY,
BENGALURU-560 056.
...APPELLANT
(BY SRI. P S RAJAGOPAL., SENIOR COUNSEL A/W
SRI.JAYANTH DEV KUMAR.,ADVOCATE)
AND:
Digitally signed
by SHARADA
VANI B 1. BENGALURU UNIVERSITY
Location: JNANA BHARATHI CAMPUS,
HIGH COURT BENGALURU-560 056,
OF
KARNATAKA REPRESENTED BY ITS REGISTRAR.
2. P. SARASWATHY,
AGED ABOUT 54 YEARS,
NO.11/3, GARDEN VILLAS, 4TH CROSS,
NAGARBHAVI MAIN ROAD,
BENGALURU-560 072.
3. ROOPA. M,
AGED ABOUT 48 YEARS,
NO.7, 12TH MAIN ROAD,
BSK ROAD STAGE,
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WA No. 458 of 2023
HOSAKERHALLI,
RAMAIAH LAYOUT,
(GRAPES GARDEN),
BENGALURU-560 085.
4. MAHESHA. M,
AGED ABOUT 52 YEARS,
R/O. NO. 52/220,
1ST CROSS ROAD,
KEMPAMMA LAYOUT,
MARIYAPPANAPALYA,
BENGALURU-560 056.
...RESPONDENTS
(BY SMT. ASHWINI O.,ADVOCATE FOR R1;
SRI. RAVI H K., ADVOCATE FOR C/R2 TO 4)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT,1961 R/W RULE 26 OF THE WRIT
PROCEEDINGS RULES, 1977 PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE W. P. No. 12146 OF 2022
AND A) SET ASIDE THE FINAL ORDER DATED 09.03.2023
PASSED BY THE HONBLE SINGLE JUDGE, ALLOWING THE WRIT
PETITION No. 12146 OF 2022 AND DISMISS THE WRIT
PETITION, AND GRANT ALL CONSEQUENTIAL RELIEFS, IN THE
INTEREST OF JUSTICE AND EQUITY AND B) ISSUE SUCH
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS
HONBLE COURT DEEMS FIT TO GRANT IN THE INTEREST OF
JUSTICE AND EQUITY, INCLUDING THE AWARD OF COSTS OF
THIS WRIT PETITION.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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WA No. 458 of 2023
JUDGMENT
This intra-court appeal seeks to lay a challenge to
the learned Single Judge's order dated 09.03.2023
whereby W.P.No.12146/2022 filed by the third respondent
herein having been favoured the University's order dated
07.06.2022 which denied the appointment to the post of
Assistant Registrar has been quashed and further, matter
is remitted to the respondent-University for consideration
afresh, along with other applicants.
2. Learned Sr. Advocate appearing for the
appellant submits that his client had obtained and
secured a Masters Degree from the Open University and
thus, she had satisfied the educational qualification
prescribed for appointment to the post in question and
therefore, that could not have been set aside. Learned
Panel counsel appearing for the respondent-University and
learned Advocate appearing in Caveat for respondent
Nos.2 to 4 have also made their submission.
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WA No. 458 of 2023
3. Having heard the learned advocates appearing
for the parties, we decline indulgence in the matter
broadly agreeing with the reasoning on which the
impugned order has been structured. At para 7 of the
impugned order the learned Single Judge has rightly
observed as under:
"The petitioners as well as respondent No.2
are working with the same cadre of
Superintendent. Hence, the minimum
qualification required for the said post is (a)
Graduate with good academic record, (b)
Administrative experience of not less than five
years in a Government institution or in a
University. Both the petitioners as well as
respondent No.2 are working in the same cadre
of Superindent post and would fulfill the
qualification mentioned at (b). However, insofar
as the requisite qualification of Graduation is
concerned, undisputable, the respondent No.2
has obtained the Master Degree from the Open
University without a basic degree as mentioned
in the Notification."
We also notice that the reasoning of the learned Single
Judge broadly accords with the observations of the Apex
Court in Annamalai University vs. Secretary to
Government (2009) 4 SCC 519 and of a Division Bench
decision of Madras High Court in W.A.No.821/2021
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WA No. 458 of 2023
between the Inspector General of Registration vs.
G.Senthil Kumar. Despite vehement submission, learned
Sr. Advocate appearing for the appellant who took us
through the extant to UGC Literature could not convince
us that there is anything that militates against the
reasoning of the learned Single Judge.
In the above circumstances, this appeal being devoid
of merits is liable to be and accordingly dismissed, costs
having been made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
