IN THE HIGH COURT OF KARNATAKA AT BANGALORE
WRIT PETITION NO. /2017(GM-RES)
(ORIGINAL JURISDICTION)
BETWEEN:
- M. ABC
S/o XYZ
Aged about 46 years, ,
Bangalore 560 085
- PQR
W/o QPR
Aged about 36 years
No.00, Bangalore 560 072 Petitioners
AND
- The State of Karnataka
Represented by its Principal Secretary,
Veterinary and Fisheries Department,
Government of Karnatka
Bangalore-560001.
- His Excellency Governor of Karnataka
And Chancelleor of Universities,
Rep. by Under secretary to Governor (University)
Raj Bhavan
BANGALORE-560001.
- The Registrar
Karnataka veterinary,
Animal and Fisheries Sciences
University, post
Box no.6 Nandhini Nagar
Bidar-585401.
- COD
Aged about 4 years
No. 181, at Post Madakatti, Tq. Bhalki
Bidar District - 585411
- DOC
Aged about 50 years
Vaishnavi Maratha Colony,
Malapur Road,
Dharwad 580008 Respondents
MEMORANDUM OF WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
- The petitioners vide notification dated 26/06/2014 issued by his Excellency, the Governor of Karnataka were nominated as members of Board of Management of the Karnataka Veterinary, Animal and Fisheries sciences university, Bidar-third respondent herein for a period of three years with effect from 5/7/2014 in the category of Progressive Live stock farmer and Animal Husbandary or fisheries industries respectively. Copy of the said notification is herewith produced and marked as Annexure A.
- It is stated that pursuant to the said nomination petitioners were functioning as members of the Board along with all other nominated members vide the notification at Annexure A referred hereinabove.
- It is submitted that by virtue of Act No.37 of 2015 there has been amendment to the Karnataka Veterinary Animal & Fisheries Sciences University (Amendment Act) 2014 wherein the power of the Governor to nominate all the members to the Board of management has been withdrawn and the power to nominate in some of the categories came to be assumed by the State Government. Copy of the said notification is herewith produced and marked as Annexure B.
- It is submitted that one of the member who was also nominated as member of the third respondent university along with the petitioners herein immediately after the notification at Annexure B wrote to the Special Secretary to his Excellency, GOVERNOR of Karnataka on 19/09/2015 to clarify/declare that the amendment carried out to section 27(2)(B) of the Act is prospective in nature and that the nominations of members already made cannot be disturbed until the completion of their tenure of 3 years. Copy of the representation is herewith produced and marked as Annexure C
- It is stated that thought the nominations of the petitioners as members of Board of management of the third respondent university were subsisting and in operation since it was for fixed period of three years; the very second respondent –His Excellency Governor of Karnataka referring to an earlier notification dated 13/01/2016 and subject to the final result in W.P.No.00/2016 sought to cancel the nominations of the petitioners by issuing the impugned notification dated 10/05/2016 thereby nominating respondent Nos 4 and 5 in place of and in the category under which the petitioners were earlier nominated as members of Board of Management,. It is relevant to state here itself that, the earlier notification at Annexure A nominating these petitioners as members was also issued by His Excellency, Governor of Karnataka. It is submitted that, the Amendment to section 27(2) (B) of the Karnataka Veterinary, Animal and Fisheries Sciences University, Act 2004 as carried out vide Act No 37/2015 cannot be retrospective in nature and cannot be sought to be applied to the nominations in the year 2014. Copy of the impugned notification is herewith produced as Annexure D.
- That, before the issuance of the impugned Notification dated 10/05/2016 petitioners were neither issued with any notice nor any proceedings were initiated under section 27(7) of the Act cancelling their nominations by the appointing authority- his excellency, Governor of Karnataka. Hence, the issuance of impugned notification (Annexure D) Nominating/appointing respondents Nos 4 and 5 as members in place of the petitioners when the appointing authority his Excellency, Governor of Karnataka has neither cancelled petitioner’s nominations nor there are any proceedings initiated for removal of the petitioners as members as required under section 27(7) of the Act is illegal.
- It is submitted that, earlier to the issuance of the impugned Notification as per Annexure A the, first respondent had similarly issued Notification dated 13/01/2016 nominating some other members in the category under which members shown at S.Nos 2 and 4 of Annexure A namely MET And NOC were earlier nominated by the His Excellency Governor of Karnataka, (Annexure A). Copy of the said notification dated 13/01/2016 is herewith produced as Annexure E .
- It is respectfully submitted the said members referred to herein above approached this Hon’ble court by filing WP No. 00-471/2015 in challenging the notification (Annexure E) whereby their nominations as members, Board of management of the third respondent were replaced by the nomination of some other members under the categories same as them moreso when their term was for affixed period of three years; that, this Hon’ble court vide its order dated 6/4/2017 was pleased to dispose the said Writ petition holding that, the nominations made as per Annexure E is illegal and that, the nominations of said members shown at S.Nos 2 and 4 of Annexure A cannot be disturbed/curtailed before the expiry of 3 years from the date of their nominations. Copy of the order passed in WP No. 00/2016 and other connected petitions is herewith produced and marked as Annexure F.
- That, the order/relief granted in the above referred Writ Petitions extends to the petitioners and other similarly situated, members nominated as per Annexure A; the same having been brought to the notice of the 3rd respondent University has not yielded in any favorable result.
- Hence, in the circumstances petitioners being aggrieved by the issuance of Notifications as per Annexure D and left with no other alternate and efficacious remedy are filing this petition seeking necessary relief on the following amongst other grounds
- Petitioners have not filed any petition before any other court/tribunal on the same cause of action.
G R O U N D S
- The nominations of the petitioners as members of Board of Management of the Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar cannot be cancelled/curtailed when the tenure of the petitioners is still subsisting as per notification of their nomination dated 26/06/2014.
- The impugned notification at Annexure D refers to the earlier notification dated 13/01/2016 as well the said nominations being subject to the result of WP No.00/2016; the said WP No.00/2016 preferred by the subsequently nominated members since, being dismissed the nominations of the petitioner’s stand restored automatically. However, the respondents are not extending the benefits of the said order to the petitioners and they are not being allowed to function as members of the Board of Management.
- It is submitted that all and any amendments are prospective in nature including the amendment/s by way of substitution unless specifically stated to be having retrospective effect. In the case on hand there is mere amendment by way of substitution to section 27 (B) (2) and the same does not take away the right of the petitioners to continue as member of the third respondent university under the unamended enactment; same being for fixed period of three years with effect from 5/7/2014.
- The nominations earlier made by the very second respondent-His Excellency, Governor of Karnataka is neither cancelled nor there are any proceedings initiated in this regard by the appointing authority- His Excellency, Governor of Karnataka. Hence, the issuance of the impugned notification at Annexure D is totally illegal and one issued without any authority thereby taking away the right of the petitioners to continue as members of the third respondent university.
- That, before the issuance of the impugned Notification dated 10/05/2016 petitioners were neither issued with any notice nor any proceedings were initiated under section 27(7) of the Act cancelling their nominations by the appointing authority- his excellency, Governor of Karnataka and as such, the impugned notification (Annexure D) Nominating/appointing respondents Nos 4 and 5 as members in place of the petitioners when the appointing authority his Excellency, Governor of Karnataka has neither cancelled petitioner’s nominations nor there are any proceedings initiated for removal of the petitioners as members as required under section 27(7) of the Act.
GROUNDS FOR INTERIM PRAYER
Vide notification dated 26/06/2014 issued by His excellency, Governor of Karnataka Petitioners were nominated as members of the Board of Management Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar for a fixed period of 3 years from 5/7/2014 ; that membership of the petitioners is now sought to be curtailed/restricted
by the impugned notification dated 10/05/2016 at Annexure D which is illegal and issued without authority. It is submitted that neither there is cancellation of petitioners nomination as members under section 27(7) nor there are any proceedings initiated /pending in this regard by the appointing authority His Excellency, Governor of Karnataka in this regard. Hence, in view of the above the Impugned notification dated 10/05/2016 is issued without authority and amounts to taking away the rights of the petitioners as envisaged under Articles 14 and 21 of Constitution of India moreso, when WP No.5353/2016 referred to in the impugned notification has been dismissed by this Hon’ble court while upholding the earlier notification produced at Annexure A by, which these petitioners along with others were nominated as members for a fixed period of three years from 5/7/2014.
PRAYER
WHEREFORE it is prayed that this Hon’ble court be pleased to
- Issue a writ of Certorari and quash the impugned Notification dated 10/05/2016 in No.GS 00 VUM2014 at Annexure D to the writ petition thereby nominating respondent Nos 4 and 5 as members of Board of Management, Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar
- Issue a writ in the nature of declaration holding that the nominations of the petitioners as members of Board of Management, Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar is for a period of 3 years from 5/7/2014.
- Issue any other writ or direction as this court deems fit in the in the facts and circumstances of this case
INTERIM PRAYER
It is respectfully prayed that this Hon’ble court be pleased to stay the operation and further proceedings pursuant to the impugned Notification dated 10/05/2016 in No.GS 00 VUM2014 at Annexure D issued/passed by the second respondent- His Excellency Governor of Karnataka and further direct the respondents to permit the petitioners to function as Members, of the Board of management nominated in terms of Annexure A and further issue appropriate orders/directions as this court deems fit in the facts and circumstances of the case.
Date: 05/06/2017
Place: Bangalore Advocate for the Petitioners
Address for service
Advocate
No.216/8/2,
Bangalore 560 080
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Writ Petition No /2017
BETWEEN
A.M.ABC and another …Petitioners
AND
State by Karnataka and others …Respondents
S Y N O P S I S
|
Sl.No. |
Date |
Events |
- 26/06/2014 Petitioners herein along with others are nominated as members of Board of management of third respondent University by His Excellency, Governor of Karnataka for a fixed period of 3 years from 5/7/2014
- 9/9/2015 Karnataka Act No 00/2015 is introduced thereby amending section 27(B) (2) of the Karnataka Veterinary Animal and Fisheries Sciences University Act
- 19/09/2015 One of the members nominated under the notification dated 26/06/2014 writes to the Vice Chancellor, Third respondent University to clarify and declare that the amendment is prospective
- 10/05/2016 Respondent Nos 4 and 5 are nominated as members of Board of Management of the third respondent University in the place and category of petitioners
- 6/4/2017 : Final order passed in WP No 00/2016 and other connected petitions by High Court of Karnataka.
BRIEF FACTS OF THE CASE
Petitioners were nominated as members of Board of Management of the third respondent University as per notification dated 26/06/2104 for a fixed period of 3 years from 5/7/2014. However, same, is sought to be cancelled/curtailed by issuance of the impugned notification dated 10/05/2016 at Annexure D by nominating respondent Nos 4 and 5 as members of Board of Management of the third respondent University in the place and category of the petitioners. Hence, Petitioners being aggrieved by the said notification are before this Hon’ble court challenging the same in this petition
05/06/2017 Advocate for Petitioners
Place: Bangalore
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Writ Petition No /2017
BETWEEN
A.M.ABC and another …Petitioners
AND
State by Karnataka and others …Respondents
INDEX
Sl.No. Particulars Pages
01 Synopsis
02 Memorandum of Writ Petition.
03 Verifying affidavit.
04 Annexure A – Copy of the Notification dated 26/06/2014
05 Annexure B - Copy of Karnataka Act No 37 of 2015
dated 9/9/2015
06 Annexure C – Copy of the representation dated
19/09/2015
07 Annexure D – Copy of the impugned Notification
- Annexure E - Copy of the Government order/notification
dated 13/01/2016
09 Annexure F - Copy of the order passed in WP
No.5353/2016 and other connected petitions
09 VAKALATH
Place: Bangalore Advocate for petitioner
Date: 05/06/2017
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(ORIGINAL JURISDICTION)
WRIT PETITION NO. /2017
BETWEEN:
A.M. ABC and another Petitioners
AND:
State of Karnataka and others Respondents
VERIFYING AFFIDAVIT
I, A.M.ABC Prasad S/o A.S.XYZ Aged about 46 years, Bangalore Karnataka do hereby solemnly affirm and state on oath as follows:
- I am the first petitioner in the above petition and I am well conversant with the facts of the case. Hence I am swearing to the contents of this affidavit.
- That, what is stated in Para 1 to of the accompanying Writ petition are true and correct to the best of my knowledge, information and belief and I believe them to be true and correct.
- I, state that, Annexures A to are true copies of the original
- I, state that, what is stated herein above is true and correct to the best of my knowledge and information.
Bangalore
Dated:05 /06/2017 DEPONENT
Identified by me
Advocate
No. of correction
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(ORIGINAL JURISDICTION)
WRIT PETITION NO. /2017
BETWEEN:
A.M. ABC and another Petitioner
AND:
State of Karnataka and others Respondents
APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA
- In the above matter petitioners have challenged the notification dated 10/05/2016 issued by the 2nd respondent in No.GS 00 VUM2014 and produced as Annexure D and impugned herein.
- It is submitted that, petitioners have been able to procure only the Internet copy of the said notification impugned in the above petition.
- The Petitioners are not in a position to produce the original/certified copy of the said notification immediately.
- Hence, in the circumstances this application is filed seeking dispensation of the notification dated 10/05/2016 issued by the 2nd respondent in No.GS 00 VUM2014 and produced as Annexure D.
- Petitioners undertake to apply and produce the certified copy of the notification dated 10/05/2016 issued by the 2nd respondent in No.GS 00 VUM2014 and produced as Annexure D to the petition.
WHEREFORE this Hon’ble court be pleased to dispense with the production of the notification dated 10/05/2016 issued by the 2nd respondent in No.GS 00 VUM2014 and produced as Annexure D in the interest of justice and equity.
Date: 05/06/2017 Advocate for petitioners
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(ORIGINAL JURISDICTION)
WRIT PETITION NO. /2017
BETWEEN
A.M. ABC and another Petitioner
AND:
State of Karnataka and others Respondents
VERIFYING AFFIDAVIT
I, A.M.ABC S/o A.S.XYZ Aged about 46 years, , No. Bangalore Karnataka do hereby solemnly affirm and state on oath as follows:
- I am the first petitioner in the above petition and I am well conversant with the facts of the case. Hence I am swearing to the contents of this affidavit.
- That, what is stated in Para 1 to of the accompanying application are true and correct to the best of my knowledge, information and belief and I believe them to be true and correct.
Bangalore
Dated:05 /06/2017 DEPONENT
Identified by me
Advocate
No. of correction
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(ORIGINAL JURISDICTION)
WRIT PETITION NO.24762-63/2017 (GM-Res)
BETWEEN:
A.M. ABC and another Petitioner
AND:
State of Karnataka and others Respondents
MEMO FOR POSTING
The above matter has been filed on 7/06/2017; that in the above matter the petitioner herein are seeking urgent interim orders. Hence, in the above circumstances this Hon’ble court be pleased to direct the registry to post the above matter for Preliminary Hearing on 10/6/2017 in the interest of justice and equity.
9/6/2017
Bangalore Advocate for petitioners
