- 1 - NC: 2025:KHC-D:4491-DB WA No. 100117 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100117 OF 2025 (EDN-AD) BETWEEN: KARNATAKA UNIVERSITY, PAVATE NAGAR, DHARWAD-03, REP. BY ITS REGISTRAR, A. CHENNAPPA, AGE. 55 YEARS, OCC. SERVICE, R/O. KARNATAKA UNIVERSITY, DHARWAD. …APPELLANT (BY SRI. RAMACHANDRA A MALI, ADVOCATE) AND: VIDHYA BHARATHI FOUNDATION, A. REGD. TRUST, PLOT NO.567/2B, AKSHAY COLONY, UNKAL VILLAGE, VIDYANAGAR, HUBLI, DIST. DHARWAD-21. REP. BY ITS ADMINISTRATOR, SRI. RAJAPEERSAB MALLAPUR, S/O. BASUSAB, AGE. 53 YEARS. …RESPONDENT (BY MS. POOJA SAVADATTI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, CALL FOR THE RECORDS IN WP NO.100576/2025 (EDN-ADM) ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE IMPUGNED ORDER DATED 18-02-2025 MADE IN THE ABOVE WRIT PETITION PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AS THE SAME BEING ERRONEOUS AND NOT SUSTAINABLE IN LAW AND CONSEQUENTLY DISMISS THE WRIT PETITION W.P. NO.100576/2025 (EDN-ADM) ON THE FILE OF THE LEARNED SINGLE JUDGE AS THE SAME BEING DEVOID OF MERITS IN THE INTEREST OF JUSTICE AND EQUITY. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4491-DB WA No. 100117 of 2025 THIS WRIT APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 calling in question the interim order dated 18.02.2025 passed in W.P. No.100576/2025. The relevant portion of the interim order dated 18.02.2025 passed by the learned Single Judge is extracted hereunder for ready reference. “5. The respondent-University shall open the portal from 10.00 a.m. to 5.00 p.m. on 19.2.2025 when the petitioner would be entitled to make payment of the due amounts, on such payments being made the respondent shall process the said application and the payments made and issue necessary endorsement for increase in the intake as also issue the admission card and hall ticket for the students to take up their examinations.” 2. The respondent, who is the writ petitioner before the learned Single Judge, vide I.A. No.4/2025 for vacating the interim order granted by this Court, has placed on record a - 3 - NC: 2025:KHC-D:4491-DB WA No. 100117 of 2025 communication dated 19.02.2025 wherein the appellant- University has requested the writ petitioner to pay the necessary fees when the UUCMS portal is open for remitting the fees which was requested to the concerned authorities of Higher Education Department, Government of Karnataka, Bengaluru. 3. Heard the submission of the learned counsel Sri. Ramachandra Mali for the appellant-University, and learned counsel Smt. Pooja Savadatti for the respondent-writ petitioner. 4. It is the contention of the lerned counsel for the appellant-University that the portal is being managed by the Higher Education, Government of Karnataka. 5. Learned counsel for the writ petitioner has vehemently sought to contend that the writ petitioner is not being permitted to admit the student as per the increased intake of 50 students. 6. Although various contentions have been put forth by both the learned counsel, it is necessary to note that the - 4 - NC: 2025:KHC-D:4491-DB WA No. 100117 of 2025 consideration of the said contentions would tantamount to considering the writ petition on its merits which is beyond the scope of the present appeal. 7. Having regard to the communication dated 19.02.2025 issued by the appellant-University, the question of considering the relief sought for by the appellant in the present appeal does not arise. 8. In view of the aforementioned, the above appeal is disposed of reserving liberty to the parties to put forth their contentions on the merits of the writ petition before the learned Single Judge. In view of disposal of the appeal, pending I.As., do not survive for consideration and are disposed of accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 23