Citation : 2025 Latest Caselaw 2247 Kant
Judgement Date : 4 August, 2025
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NC: 2025:KHC-D:9710-DB
WA No. 100725 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
WRIT APPEAL NO. 100725 OF 2023 (S-DIS)
BETWEEN:
DR. MAMATHA SHREE C.M.
D/O. MAHALINGAPPA,
AGE: 35 YEARS, OCC: NIL,
R/O. CHANNAKESHVAPUR,
NIDAGAL HOBLI-572116,
TQ: PAVAGADA, DIST: TUMKURU.
Digitally signed
by VINAYAKA B ...APPELLANT
V
Location: HIGH (BY SRI. A.S.PATIL, ADVOCATE)
COURT OF
KARNATAKA
DHARWAD AND:
BENCH
Date: 2025.08.11
14:50:34 +0530 1. SHRI. VELU S.A.
S/O. ANJINAMURTHY,
AGE: 34 YEARS, R/O. NO.201,
GURUKRUPA RESIDENCY
AP APARTMENTS,
2ND FLOOR, 6TH CROSS,
MATHRU LAYOUT,
YELAHANKA NEW TOWN,
BENGALURU-560001.
2. UNIVERSITY OF AGRICULTURAL SCIENCES
REP. BY ITS REGISTRAR,
KRISHINAGAR,
DHARWAD-580001.
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NC: 2025:KHC-D:9710-DB
WA No. 100725 of 2023
HC-KAR
3. VICE CHANCELLOR/CHAIRMAN OF
SELECTION COMMITTEE,
UNIVERSITY OF AGRICULTURAL SCIENCES,
REP. BY ITS REGISTRAR,
KRISHINAGAR,
DHARWAD-580001.
4. STATE OF KARNATAKA
REP. BY ADDITIONAL CHEIF SECRETARY,
DEPARTMENT OF AGRICULTURE,
VIDHANA SOUDHA,
BENGALURU-560001.
5. SHRI. DR. D.NAGRAJU
S/O. MANCHAIAH
AGE: 35 YEARS,
R/O. NEW EXTENSION,
CHIKKAMALPURA POST,
HANUR TALUK,
CHAMARAJANGAR.
...RESPONDENTS
(BY SRI. SHARAD MAGADUM, AGA FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE
ORDER DATED 16.08.2023 PASSED BY THE LEARNED SINGLE JUDGE
IN W.P.NO.104330/2023 (S-RES) AND ACCORDINGLY TO ALLOW
THE WRIT PETITION FILED BY THE APPELLANT AS PRAYED FOR IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
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NC: 2025:KHC-D:9710-DB
WA No. 100725 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Learned Additional Government Advocate accepts
notice for respondent No.4/State.
2. This appeal is preferred against the judgment of
the learned Single Judge in W.P.No.104330/2023 insofar
as the learned Single Judge had directed redoing of the
entire selection in pursuance of the notification dated
03.03.2023.
3. Learned counsel for the appellant submits that,
the judgment of the learned Single Judge had been
subjected to an appeal by the University in
W.A.No.100522/2023 and in W.A.No.100589/2023 filed by
the another candidate. It is submitted that, the Division
Bench of this Court by its order dated 06.03.2024
considering the entire matter on merits, had set aside the
judgment of the learned Single Judge and dismissed the
writ petition. The said order of the Division Bench of this
Court had been subjected to Special Leave Petitions before
NC: 2025:KHC-D:9710-DB
HC-KAR
the Apex Court and by order dated 10.05.2024, the
Special Leave Petitions were dismissed.
4. It is therefore contended that, this appeal,
which is filed against the very same order, which stood set
aside by the Division Bench of this Court, which judgment
is affirmed by the Apex Court, no longer requires a
consideration and this appeal has therefore become
infructuous.
5. Memo of withdrawal placed on record by the
learned counsel for the appellant is therefore taken on
record and is accepted.
6. This appeal is dismissed as withdrawn, in the
light of the setting aside of the order under appeal by the
Division Bench of this Court and affirmed by the Apex
Court.
Sd/-
(ANU SIVARAMAN) JUDGE
Sd/-
(S.R. KRISHNA KUMAR) JUDGE EM
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