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2025 DAILYLAW 53119 (KAR)

DR MAMATHA SHREE C M D/O MAHALINGAPPA v. SHRI VELU S A

WA/100725/2023 · 2025-08-04

Anu Sivaraman, S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9710-DB WA No. 100725 of 2023 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. …APPELLANT (BY SRI. A.S.PATIL, ADVOCATE) AND: 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. Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 14:50:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9710-DB WA No. 100725 of 2023 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 - 3 - HC-KAR NC: 2025:KHC-D:9710-DB WA No. 100725 of 2023 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 - 4 - HC-KAR NC: 2025:KHC-D:9710-DB WA No. 100725 of 2023 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 Ct:VH : List No.: 1 Sl No.: 3