The petitioners in W.P.No.5353/2016 (Sri K.C. Shankaregowda), W.P.No.14186/2016 (Sri Rithesh Saliyan), W.P.No.32454/2016 (Sri K.S. Ashok Kumar) and W.P.No. 40052/2016 (Sri Srikant Konapur) are the members nominated to the Board of Management of Karnataka Veterinary Animal and Fisheries Sciences University, Bidar (‘KVAFSU’ for short) by the Government, through the notification dated 13.01.2016 issued by the respondent No.1. The said notification was withheld/kept in abeyance by the respondent No.1 through the subsequent notification dated 21.01.2016. The said petitioners therefore claiming to be aggrieved of being denied the benefit of the nomination dated 13.01.2016 in view of the subsequent notification dated 21.01.2016, have assailed the same in the said writ petitions.

2. The petitioners in W.P.Nos.19470471/2016 (Sri Mallikarjun Biradar and Sri Nagabhushan Kamthane) who were nominated by an earlier notification dated 26.06.2014 for a period of three years with effect from 05.07.2014 by the Chancellor under the provision as contained at that point in time claim to be aggrieved by the notification dated 13.01.2016 whereunder Sri K.S. Ashok Kumar and Sri K.C. Shankaregowda the petitioners in W.P.No.32454/2016 and W.P.No.5353/2016 are nominated in their category whereby the right according to them to complete the period of three years for which they are nominated is interrupted. In that light they seek to sustain the notification dated 21.01.2016 whereunder the notification dated 13.01.2016 is withheld/kept in abeyance as that would facilitate them to complete the period of three years for which they claim to have been nominated.

3. The brief facts are that the KVAFSU was constituted under the Karnataka Act No.9/2004 (‘the Act’ for short). Among other provisions contained in the Act, Section 27 provides for the constitution of the Board of Management (‘the Board’ for short). The Board is to contain (A) Exofficio members and (B) Other members. The nomination in issue in these petitions relate to the nominations of ‘Other members’ as contained in Section 27(2)(b)(ii),(iii) and (iv) of the Act. At the point when the petitioners in W.P.No.19470471/2016 were nominated under the notification dated 26.06.2014 to the category of Progressive Livestock Farmer and Representative of Industries connected with Animal Husbandry or Fisheries and also the category of Progressive Fishermen, they were to be nominated by the Chancellor which accordingly was done.

4. By the amendment to the Act through Karnataka Act No. 37/2015 which received the assent of the Governor on 05.09.2015, the nominations which were to be made to the Board from the ‘(B) Other Members’ category, more particularly 27(2)(B)(i)(ii)(iii) and (iv) which are relevant herein, the mode of nomination was changed to be made by the Government instead of by the Chancellor as it provided earlier. It is in that view the Government exercising the power of nomination as substituted by Act No.37/2015 has issued the notification dated 13.01.2016 which has interrupted the period for which the nomination was made by the Chancellor under the provision which existed prior to the coming into force of the Act No.37/2015. It is in that view the questions as raised have arisen in these writ petitions as per the brief reference that has been made above.

5. I have heard Sri Udaya Holla and Sri Jayakumar S.Patil, learned senior counsel along with Sri Brijesh Patil for the petitioners in W.P.Nos.19470471/2016, Sri V.Lakshminarayan, learned senior counsel along with Ms.Shilpa Rani for the petitioners in W.P.Nos.5353/2016, 14186/2016. Sri Y.R. Sadashiva Reddy, learned senior counsel along with Sri V.Sanjay Krishna for the petitioner in W.P. No. 32454/2016, Sri Sharad Kumar S, learned counsel for the petitioner in W.P.No.40052/2016. The said learned senior counsel have also appeared for the respective parties as respondents in the connected petitions. Sri Krishna Dixit, learned counsel and Sri R.B. Sa