Case Note & Summary
The petitioners, Sajjan Malleshi and Basavaraj, were provisionally admitted to the Ph.D. course at Gulbarga University on 17.09.2009 and 24.05.2010 respectively. They conducted research under respondent No.4, Dr. Basavaraj S. Hanasi. Petitioner No.1 submitted five progress reports between 17.09.2009 and 15.03.2012, with the sixth report due by 17.09.2012. The petitioners filed writ petitions under Articles 226 and 227 of the Constitution seeking a writ of mandamus to direct respondent No.1 (Gulbarga University) to consider their representation dated 02.08.2012. The court noted that the petitioners had not completed the Ph.D. course within the stipulated period and had not challenged earlier orders or regulations. The court held that for a writ of mandamus to issue, the petitioner must establish a legal right and a corresponding legal duty on the respondent. Since the petitioners failed to show any legal right, the petitions were dismissed.
Headnote
A) Constitutional Law - Writ of Mandamus - Legal Right - For issuance of writ of mandamus, the petitioner must establish a legal right and a corresponding legal duty on the respondent - Petitioners failed to show any legal right as they did not complete Ph.D. within the stipulated period and did not challenge earlier orders - Held that writ of mandamus cannot be granted (Paras 5-6).
Issue of Consideration
Whether the petitioners are entitled to a writ of mandamus directing the respondent-University to consider their representation for completion of Ph.D. course.
Final Decision
The writ petitions are dismissed.
Law Points
- Writ of mandamus
- Legal right
- Duty to consider representation
- Ph.D. course regulations
- Time limit for completion
Case Details
2013 LawText (KAR) (09) 29
Writ Petition Nos.83997-83998/2012 (EDN-RES)
Sri.Sudheer Kulkarni, Sri.R.V.Nadagouda for petitioners; Sri.Veeresh B.Patil for R1; Sri.S.S.Kumman for R2; Sri.Shivakumar R.Tengli for R3; Sri.D.P.Ambekar for R4
Sajjan Malleshi and Basavaraj
Registrar, Gulbarga University; Registrar, Karnataka State Law University; Principal Secretary, Govt. of Karnataka; Dr. Basavaraj S. Hanasi
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Nature of Litigation
Writ petition seeking mandamus to direct university to consider representation for Ph.D. completion.
Remedy Sought
Petitioners sought a writ of mandamus directing respondent No.1 to consider their representation dated 02.08.2012.
Filing Reason
Petitioners claimed they were provisionally admitted to Ph.D. course but their representation for completion was not considered.
Issues
Whether the petitioners have a legal right to seek mandamus for consideration of their representation.
Whether the respondent has a corresponding legal duty to consider the representation.
Submissions/Arguments
Petitioners argued that they were provisionally admitted to Ph.D. and submitted progress reports, but their representation was not considered.
Respondents likely argued that petitioners did not complete the course within stipulated time and had no legal right.
Ratio Decidendi
For issuance of a writ of mandamus, the petitioner must establish a legal right and a corresponding legal duty on the respondent. The petitioners failed to show any legal right as they did not complete the Ph.D. course within the stipulated period and did not challenge earlier orders.
Judgment Excerpts
Petitioners are before this Court seeking writ of mandamus to the respondent No.1 – Gulbarga University to consider the petitioners’ representation dated 02.08.2012, at Annexures-‘U’ and ‘V’.
For issuance of a writ of mandamus, the petitioner must establish a legal right and a corresponding legal duty on the respondent.
Procedural History
Petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India seeking mandamus. The petitions came up for preliminary hearing in 'B' Group and were dismissed.
Acts & Sections
- Constitution of India: Articles 226, 227
