- 1 - NC: 2025:KHC:7319 WP No. 1056 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.1056 OF 2021 (S-RES) BETWEEN: DR. A .B.NARESH S/O. A.K. BOPAIAH, AGED ABOUT 58 YEARS, WORKING AS PROFESSOR AND HOD, BOTANY, O/O CAUVERY DEGREE COLLEGE, GONIKOPPAL COORG, R/A GOWRI KUTIR, KONAGERI VILLAGE, HUDIKERY POST, KODAGU DISTRICT - 571 249 …PETITIONER (BY SRI. V. LAKSHMINARAYAN, SENIOR COUNSEL FOR SRI. ASHWIN KUMAR H AND SRI. VIKRAM BALASI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, (HIGHER EDUCATION) M.S. BUILDING BENGALURU - 560 001. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION, PALACE ROAD BANGALORE - 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7319 WP No. 1056 of 2021 3. CAUVERY EDUCATION SOCIETY REPRESENTED BY ITS PRESIDENT, GONIKOPPAL, VIRAJPET TALUK, SOUTH KODAGU - 571 213. 4. CAUVERY DEGREE COLLEGE REPRESENTED BY ITS PRINCIPAL, VIDYA NAGAR, GONIKOPPAL, VIRAJPET TALUK, SOUTH KODAGU DISTRICT - 571 213 5. THE PRINCIPAL CAUVERY DEGREE COLLEGE VIDYA NAGAR, GONIKOPPAL, VIRAJPET TALUK, SOUTH KODAGU DISTRICT - 571 213. …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 & R2; SRI. SHEVGOOR AND SRI. KAMATH, ADVOCATES FOR R3 (ABSENT); R4 & R5 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT COLLEGE INCLUDING THE DIRECTOR OF COLLEGE EDUCATION AND THE GOVERNMENT TO COMPLY WITH THE CIRCULAR DATED 12.09.2014 VIDE ANNEXURE-G AND AS PER UGC REGULATION OF 2010 VIDE ANNEXURE-C IN APPOINTING THE PETITIONER AS A PRINCIPAL OF THE RESPONDENT COLLEGE AND ALSO RESTRAIN THE R-5 FROM CONTINUING AS THE PRINCIPAL OF RESPONDENT COLLEGE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:7319 WP No. 1056 of 2021 ORAL ORDER Heard Sri. V.Lakshminarayan, learned Senior Counsel for Sri. Ashwin Kumar.H and Sri. Vikram Balaji, learned counsels for the petitioner and Sri. B.J.Eshwarappa, learned Additional Government Advocate for respondent Nos.1 and 2. There is no representation for respondent Nos.3 to 5. 2. The petitioner is before this Court under Article 226 of the Constitution of India, praying for the following reliefs: (a) Issue a writ of mandamus directing the Respondent College including the Director of College education and the Government to comply with the circular dated 12.09.2014 (Annexure-G) and as per UGC regulation of 2010 (Annexure-C) in appointing the Petitioner as a principal of the Respondent College and also restrain the respondent No.5 from continuing as the principal of respondent college. (b) Declare that non consideration of the case of the petitioner to work as the principal of the college is arbitrary and violative of Article 14 and Article 16 of The Constitution of India. And direct the Respondent to fill up the post of principal based on circular dated 12.09.2014 as per Annexure-G. - 4 - NC: 2025:KHC:7319 WP No. 1056 of 2021 3. In sum and substance, the petitioner is seeking to consider his case for appointing/permitting him to work as Principal of the 4th respondent-College. The petitioner was aged 58 years as on the date of filing the writ petition in the year 2021 and as on the this date, the petitioner has attained the age of superannuation and the petitioner's prayer for considering his case for promotion as Principal would no more survive for consideration. 4. Learned Senior Counsel Sri. V.Lakshminarayan would submit that the petitioner has acquired PHD qualification and in terms of UGC Regulations, the petitioner is entitled for three increments for acquiring the qualification of PHD. Further, learned Senior Counsel would also submit that the petitioner has worked as in-charge Principal in the 4th respondent-College. 5. The petitioner claims that she has worked as in- charge Principal and as the petitioner has acquired qualification of PHD, the petitioner would be entitled for additional increment. If that is the case of the petitioner, - 5 - NC: 2025:KHC:7319 WP No. 1056 of 2021 it is open for the petitioner to make appropriate representation to the respondents and if such representation is made, the respondents are directed to consider the same in accordance with law. Accordingly, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 45