Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 294 (KAR)

Lumbini Goutam W/o Goutam v. Under Secretary, To Governor/Chancellor (University)

2020-01-31

S.SUJATHA

body2020
ORDER : Though the matter is listed for Hearing on I.A, with the consent of learned counsel for the parties, the matter is taken up for final disposal at this stage itself. 2. This writ petition is filed by the petitioner seeking for a direction to the respondents to continue the petitioner for a period of three years from 18.07.2017 to 17.07.2020 based on the notification dated 10.05.2016 as the Member of Board of Management of Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar in terms of the order passed by this Court in W.P.No.46652/2019 and W.P.No.50744/2019 and connected matters inter alia seeking a direction to the respondents to allow the petitioner to participate in the Board Meetings and Subcommittee meetings including the Convocation till the completion of period of three years i.e., from 18.07.2017 up to 17.07.2020 as the Member of the Board of Management of the respondent-University. 3. The petitioner was appointed/nominated by the order of the Hon’ble Chancellor dated 10.05.2016 as a Member of the Board of Management under the Category – Women Rural Social Worker as per Section 27[2][B][V] of the Karnataka Veterinary, Animal and Fisheries Sciences University [Amendment] Act, 2014 ['Act' for short]. The said appointment/nomination to the Board of the Management was challenged in W.P.No.5353/2016 and allied matters. The Cognate Bench of this Court vide order dated 06.04.2017, has held that the nomination of a member of Board of Management is made for a period of three years and not at the pleasure of the nominating authority. It is submitted that the respondent No.1 has issued the communication dated 26.04.2019 whereby it has been made clear that the tenure of the petitioner nominated/appointed as the Member of Board of Management of Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar, has been extended for a period of three years from the date of assumption of office of Board of Management of Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar i.e., with effect from 18.07.2017, if at all she has not attended the board meetings from the date of her nomination vide notification dated 10.05.2016 till 18.07.2017. 4. Learned Senior Counsel representing the petitioner would submit that the petitioner has not attended the Board Meeting from the date of her nomination vide notification dated 10.05.2016 till 18.07.2017. 4. Learned Senior Counsel representing the petitioner would submit that the petitioner has not attended the Board Meeting from the date of her nomination vide notification dated 10.05.2016 till 18.07.2017. However, in the light of the interim order passed by this Court dated 17.01.2020, she has participated in the Board Meeting and Convocation held on 17.01.2020. Reliance is placed on the orders passed by the Cognate Bench of this Court decided in the identical matters. 5. The factual aspects as aforesaid is not in dispute. It is also not in dispute that in identical circumstances, this Court having considered the tenure of the members of the Board of Management fixed under the Act for three years in the light of the order dated 06.04.2017 passed in W.P.No.5353/2016, permitted such nominated members to continue to complete their tenure in terms of the Board of Management for the period of three years in terms of Section 27 of the Act. 6. However, learned counsel for the respondent No.1 would submit that W.P.No.31672/2019 [GM-PIL] has been filed by the Bodhakethara Naukarara Sangha challenging the order dated 26.04.2019 and the same is pending for consideration before this Court, wherein the petitioner has also been impleaded as party to the said proceedings. However, it is submitted that there is no interim order of stay in the said proceedings. 7. In view of the aforesaid, the petitioner is entitled for the relief claimed in terms of the order passed by this Court in W.P.No.5353/2017 followed in series of matters as well as W.P.Nos.46200-202/2019 and other related matters. Hence, the following: ORDER 1. The writ petition is allowed, subject to result of W.P.No.31672/2019. 2. The respondents are directed to continue the petitioner as the Member of Board of Management of Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar in terms of the notification dated 10.05.2016 and further communication dated 26.04.2019 and in the light of the order passed by this Court in W.P.Nos.46200-202/2019. 3. The respondents shall permit the petitioner to participate in the meeting of the Board of Management of the University of the respondent-University to be conducted on 01st February, 2020 by the respondent-University. In view of disposal of the writ petition, pending I.A stands disposed of.