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2025 DAILYLAW 5440 (KAR)

DR. AMIT PUJAR S/O MUTTURAJ v. THE UNIVERSITY OF AGRICULTURAL SCIENCES

WP/102674/2025 · 2025-04-24

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6751 WP No. 102674 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102674 OF 2025 (S-RES) BETWEEN: DR. AMIT PUJAR S/O MUTTURAJ, AGE: 35 YEARS, OCC: WORKING AS SUBJECT MATTER SPECIALIST (SMS) (AGRONOMY) IN KVK, SIRSI-581 401, UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD. … PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE UNIVERSITY OF AGRICULTURAL SCIENCES, U.A.S. DHARWAD-580 005, REPRESENTED BY ITS REGISTRAR. 2. THE UNIVERSITY OF AGRICULTURAL SCIENCES, U.A.S. DHARWAD-580 005, REPRESENTED BY ITS ADMINISTRATIVE OFFICER. … RESPONDENTS (BY SRI. SHIVASAI M. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6751 WP No. 102674 of 2025 ORAL ORDER Sri.Prashant S.Kadadevar., counsel for the petitioner and Sri.Shivasai M.Patil., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement dated:14.02.2025 issued by respondent No.2 vide Annexure-G and a Writ of Mandamus directing the respondents to issue no objection certificate to the petitioner. 3. The short facts are these: The first respondent had issued a notification in 2023 for the recruitment to the posts of the Subject Matter Specialist in Krishi Vigyan Kendras in the University of Agricultural Sciences, Dharwad. In 2023, the petitioner applied to the post of Subject Matter Specialist (Agronomy) and accordingly, he got appointed to the said post. The petitioner contends that the University of Agricultural Sciences, Bangalore has issued a list of eligible candidates wherein the petitioner also got eligible and his name is at Sl.No.3 in the list. The petitioner submitted a representation to the respondents requesting to issue no - 3 - NC: 2025:KHC-D:6751 WP No. 102674 of 2025 objection certificate. However, the University declined to issue no objection certificate to the petitioner. Under these circumstances, the petitioner is before this Court. 4. Counsel for the respective parties urged several contentions. 5. Sri.Prashant S.Kadadevar., counsel for the petitioner submits that the action on the part of the University is contrary to the circular dated:03.06.2016. Hence, he submits that an appropriate order may be passed. 6. Sri.Shivasai M.Patil., counsel for the respondents in presenting his arguments justified the action on the part of the University. He argued by saying that the petitioner had given an undertaking that he would serve in the University for five years. Hence, he submits that an appropriate order may be passed. 7. Heard the arguments and perused the Writ papers with care. 8. Suffice it to note that, as per the circular, minimum period of service required to be rendered by the petitioner is - 4 - NC: 2025:KHC-D:6751 WP No. 102674 of 2025 only two years or in the alternate, he is required to pay two months salary as per the guidelines. Hence, the endorsement runs contrary to the circular. Therefore, this Court deems it proper to quash the endorsement. 9. The Writ Petition is allowed. The Writ of Certiorari is ordered. The endorsement dated:14.02.2025 issued by respondent No.2 vide Annexure-G is quashed. The respondents – University is hereby directed to issue no objection certificate to the petitioner as per the circular dated:03.06.2016 enabling the petitioner to attend the interview which is scheduled on 29.04.2025. Counsel Sri.Shivasai M.Patil., is directed to communicate the disposal of the Writ Petition to the respondents – University. Because of the disposal of the Writ Petition, all pending interlocutory applications, if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH LIST NO.: 1 SL NO.: 18