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2025 DAILYLAW 3792 (KAR)

SRI VINAY S/O PRAKASH SHAMBEKAR v. STATE OF KARNATAKA

WP/101175/2024 · 2025-02-10

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2613 WP No. 101175 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.101175 OF 2024 (S-REG) BETWEEN: 1. SRI VINAY S/O. PRAKASH SHAMBEKAR, AGE: 43 YEARS, OCC: DRIVER, R/O: VEERAPUR R.C. DIST: BAGALKOT – 587 102. 2. SRI IRANNA S/O. YALLAPPA MANKANI, AGE: 40 YEARS, OCC: DRIVER, R/O.206/54, GUJJAR EXTENSION, WARD NO.10 DIST: BAGALKOT – 587 101. 3. SRI HANUMANTH S/O. YALLAPAP DODAMANI, AGE: 46 YEARS, OCC: DRIVER, R/O: HONNAKOTTI TQ: DIST: BAGALKOT – 587 101. 4. SRI KALKANAGOUDA S/O. SHANKARGOUDA BHAVIKATTI, AGE: 41 YEARS, OCC: DRIVER, R/O: BACHINAGUDDA, TQ: BADAMI, DIST: BAGALKOT. …PETITIONERS (BY SMT. BHAGYASHREE N. B. AND SRI M.N.BIKKANNAVAR, ADVOCATES) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2613 WP No. 101175 of 2024 AND: 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTEMENT OF HORTICULTURE, M.S.BUILDING, BANGALORE – 560 001. 2. VICE-CHANCELLOR AND CHAIRMAN BOARD OF MANAGEMENT, UNIVERSITY OF HORTICULTURAL SCIENCE, BAGALKOT – 587 104. 3. THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCE, UDAYANAGIRI NAVANAGAR, BAGALKOT – 587 104. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI RAVI S. BALEKAI, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THE REPRESENTATION OF THE PETITIONERS AT ANNEXURE-E, DATED 13/10/2022 AND ANNEX-E1 DATED 11/11/2023 AND REGULARIZE THEIR SERVICES BY COMPLETING THE SELECTION PROCESS OF DRIVERS AS PER THE RECRUITMENT NOTIFICATION DATED 16/08/2013 AND ISSUE APPOINTMENT ORDER TO THE PETITIONERS AS DRIVERS IN UNIVERSITY OF HORTICULTURAL SCIENCES, BAGALKOT, ALONG WITH ALL THE CONSEQUENTIAL SERVICE AND MONETARY BENEFITS ADMISSIBLE TO THEM UNDER THE LAW, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2613 WP No. 101175 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking for the following prayer: i. Issue` a writ of Mandamus or any other writ or order in the like nature directing the respondents herein to consider the representation of the petitioners at Annexure-E, dated 13/10/2022 and Annex-E1 dated 11/11/2023 and regularize their services by completing the selection process of drivers as per the recruitment notification dated 16/08/2013 and issue appointment order to the petitioners as Drivers in University of Horticultural Sciences, Bagalkot, along with all the consequential service and monetary benefits admissible to them under the law, in the interest of justice and equity. ii. Grant such other and further reliefs as are just even including the cost of this petition in the interest of justice and equity. 2. The grievance of the petitioners is that, recruitment process was instituted for the post of Driver, in the posts in which the petitioners are working for the last 15 years in the University of Horticulture Science. 3. Learned counsel appearing for the University submits that, the recruitment process could not be taken to its logical conclusion and had to be shelved and now they have returned to the State seeking permission to - 4 - NC: 2025:KHC-D:2613 WP No. 101175 of 2024 issue a fresh notification, in terms of Annexure-D. The State has not passed any order upon the said requisition, dated 19.05.2022. 4. Learned HCGP submits that, the requisition so sent would be considered in accordance with law on a need basis and appropriate orders would be passed. 5. In the light of the said submission, I deem it appropriate to dispose the petition with a direction to the State to pass necessary orders on the requisition sent by the University seeking pre-notification of appointment to the post of Drivers, in terms of the requisition, dated 19.05.2022 within an outer limit of eight weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 182