- 1 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 10465 OF 2023 (S-RES) C/W WRIT PETITION NO. 15646 OF 2024 (S-RES) IN WP No. 10465/2023: BETWEEN: SRI. NAGARAJA S S/O. SRI.SHANMUKHA S.S. AGED ABOUT 39 YEARS R/AT. "NAVEEN NILAYA", R.M.L. NAGARA, 1ST MAIN ROAD, 18TH CROSS, BESIDE AL MOHAMMED SCHOOL SHIVAMOGGA-577205. …PETITIONER (BY SRI. VENKATESHA T.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, HIGHER EDUCATION, M.S.BUILDING BANGALORE-560001. 2. THE REGISTRAR UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, UAHS, SHIVAMOGA-577204. ALSO AT: THE REGISTRAR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, SHIVAMOGGA SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 SAGARA TALUK, SHIVAMOGGA-577412. 3. THE ADMINISTRATIVE OFFICER KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, SHIVAMOGGA SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA-577412. 4. DR. KUSUMA SHAMNOOR D/O. CHANDRAPPA M.SHAMNOOR CHALAGERI POST, RANEBENNUR TALUK HAVERI DISTRICT-581145. ALSO AT: DR. KUSUMA SHAMNOOR SPECIAL OFFICER AGRICULTURE COLLEGE IRRAVAKKI-SAGARA TALUK SHIMOGA DISTRICT-577412. …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. THYAGARAJA S., ADVOCATE FOR RESPONDENT NOS.2 AND 3; SRI. K.S.PONNAPPA, ADVOCATE FOR RESPONDENT NO.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE SELECTION PROCESS OF THE 4TH RESPONDENT BY THE 2ND RESPONDENT AND SET ASIDE THE APPOINTMENT ORDER NO.KSNUAHSS/AO/RECTT. OF ASST. PROF./1813/2022-23 DATED 14.01.2023 ANNEXURE-G ISSUED BY 3RD RESPONDENT UNDER WHICH THE 4TH RESPONDENT IS APPOINTED TO THE POST OF ASSISTANT PROFESSOR IN PHYSICAL EDUCATION AND ETC. - 3 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 IN WP NO. 15646/2024 BETWEEN: DR. KUSUMA SHAMANUR D/O. CHANDRAPPA M. SHAMANUR, AGED ABOUT 37 YEARS, CHALAGERI POST, RANEBENNUR TALUK, HAVERI DISTRICT-581 145, ALSO AT: SPECIAL OFFICER, AGRICULTURAL COLLEGE, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA DISTRICT-577 412. ...PETITIONER (BY SRI. K.S. PONNAPPA, ADVOCATE) AND: 1. THE ADMINISTRATIVE OFFICER KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, SHIVAMOGGA-577 412. 2. THE REGISTRAR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL SCIENCES, SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA-577 412. 3. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, HIGHER EDUCATION, M.S. BUILDING, BENGALURU-560 001. 4. SRI. NAGARAJA. S S/O. SRI. SHANMUKHA. S.S., AGED ABOUT 39 YEARS, - 4 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 R/AT "NAVEEN NILAYA", R.M.L. NAGARA, 1ST MAIN ROAD, 18TH CROSS, BESIDE AL MOHAMMED SCHOOL, SHIVAMOGGA-577 205. ...RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.3; SRI. THYAGARAJA S., ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. T.S.VENKATESH, ADVOCATE FOR RESPONDENT NO.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INQUIRY INITIATED AGAINST THE PETITIONER VIDE NOTICE IN ANNEXURE-A BEARING NO.PÉÃ.².£Á.PÀÈ.vÉÆÃ.«.«(²)/D.±Á./21/2024-25 DATED 13.04.2024 UNDER RULE 11 OF THE KARNATAKA CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1957 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT AND ANY FURTHER INQUIRIES AGAINST THE PETITIONER AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER W.P.No.10465/2023 is filed by the unsuccessful candidate challenging the selection and appointment of respondent No.4 as an Assistant Professor of Physical Education at the respondent No.2 vide order of appointment bearing No.KSNUAHSS/AO/Rectt. of Asst.Prof./1813/2022-23 dated - 5 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 14.01.2023 issued by respondent No.3. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to appoint him to the post of Assistant Professor of Physical Education under general merit category. 2. W.P.No.15646/2024 is filed by the candidate, who was appointed to the post of Assistant Professor of Physical Education, challenging the proceedings initiated against her under Rule 11 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (henceforth referred to as 'KCS (CCA) Rules, 1957'). Facts as stated in W.P.10465/2023 3. (i) The Registrar of University of Agricultural and Horticultural Sciences, Shivamogga, issued a notification dated 24.01.2019 inviting applications from eligible candidates for the post of Assistant Professor in various subjects including two posts in Physical Education, one of which was reserved for Scheduled Caste (Rural) and another for General Merit. The respondent No.2 had issued a notification dated 16.01.2015 prescribing qualification and score-card for direct recruitment of - 6 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 Assistant Professors in the respondent No.2, the relevant portion of which is extracted below:- Score-card for Direct Recruitment of Assistant Professor of Physical Education In University of Agricultural and Horticultural Sciences, Shivamogga Sl. No. Particulars Marks allotted for main items 1. Academic Qualifications 43 2. Medals Awards/Recognition 06 3. Achievements in Sports & Cultural/ NCC/NSS/Scouts & Guides activities 20 4. Experience in Teaching/Research/ Extension 10 5. Special Attainment in academic field 05 6. Publications 06 7. Interview performance 10 Total Marks 100 EXPLANATORY NOTES FOR AWARD OF MARKS 1. Academic qualifications Maximum marks allotted=43 a) Bachelor's Degree Maximum marks allotted = 10 10 marks shall be awarded on prorate basis considering the conversion percentage of marks given in the Equivalent percentage certificate of CGPA (Trimester system)/ OGPA-10=100% - 7 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 (Semester system) issued by the competent authority as under. 1) For candidates holding degree under Trimester/Semester system, 60% gets 0.0 Mark and 100% gets 10 marks. 2) In case of candidates holding degree from traditional system/Universities 50% gets 0.0 Mark and 100% gets 10 Marks Note: The candidates shall compulsorily furnish an attested copy of the certificate of equivalent percentage of marks in case of award of marks other than in 10 point scale. b) Master's Degree in the concerned subject Maximum marks allotted=20 20.00 Mark shall be awarded on prorate basis considering the conversion percentage of marks given in the Equivalent percentage certificate of CGPA (Trimester system)/ OGPA (Semester system issued by the competent authority as under. 1) For candidates holding degree under Trimester/ Semester system, 70% gets 0.0 Mark and 100% gets 20 Marks. 2) For candidates holding degree under Trimester system where equivalent certificate is not given, CGPA of 2 gets 0.0 Mark and 4 get 20 Marks. - 8 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 3) In case of candidates holding degree from traditional system/Universities 50% gets 0.0 Mark and 100% gets 20 Marks. Note: The candidates shall compulsorily furnish an attested copy of the certificate of equivalent percentage of marks in the case of award of marks other than in 10 point scale. c) Ph.D. Degree Maximum marks allotted = 10 1) Candidates obtaining Ph.D. with Course Work at any University with 4+2+3/4+2+1+2/3+2+3/3+2+1+2 system=10Marks. (Trimester/ Semester System) 2) Candidates obtaining Ph.D. without course work or by research alone in any University-5 Marks. Note: Relevant document for having undergone course work to be enclosed. d) Additional qualification in the field. Maximum marks allotted=03 1) Post-doctoral Fellow=3 Mark for each of 6 months and above. 2) PG diploma/M. Phil. not less than ten months duration=2 Mark for each certificate. Note: M. Phil course not carry marks if it is considered for Ph.D. 3) Higher Academic Training in a recognized academic/scientific/ professional institutions in relevant - 9 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 field (5 days & above duration)= 0.5 mark for each training. 2. Medals/Awards/ Recognition (during Bachelor's degree & above) Maximum marks allotted=06 1) International award = 4 marks each award/medal/recognition. 2) National award=3 Marks each 3) State award=2 Marks each 4) University Gold medal=2 Marks each 5) Awards from Professional Society=1 Mark for each degree. If a candidate secures more than one medal/award for the same degree/achievement, the highest award shall be considered for allotting marks. 3. Sports & cultural/ NCC/NSS (during the study period of Bachelor's degree & above) Maximum Marks allotted=20 Sports and cultural: 1) Represented at International level in Sports events representing Nation=10 Marks/event/year. 2) Represented at National level in Sports events Representing State=7.5 Marks/event/year. 3) Represented the University in Sports Events=5 Marks/event/year. NCC: 1) Candidates possessing 'C' Certificate participating in the National Republic Day parade=4 - 10 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 Marks 2) 'C' Certificate holders with attended National Republic day Camp/Participating State Republic day Parade = 3 Marks 3) 'C' Certificate holders representing State Republic Day Camp=2 Marks. 4) 'C' certificate holder=1 Mark Note: Sports & Games/Cultural events recognized by Association of Indian Universities (Sports Division), New Delhi shall only be considered. NSS: 1) National award individual=4 Marks 2) State award Individual=3 Marks 3) Participated in National Republic Day = 3 Marks 4) Participated in State Republic Day=2 Marks 5) Adventure Camp in National Level=2 Marks 6) National Integration camp representing University=1 Mark Note: Certificate issued by Govt. of India/State Govt/competent authority only be considered. 4. Experience: Experience in the Maximum marks allotted-10 - 11 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 cadre of Instructor/Sport Teacher/Coaching in an University/ College/Govt./ Departments / Research Organizations/ Boards/Corporations/ CAR Institutes/ Similar Institutes like IOMR, CSIR, NCERT, ICRISAT etc./ Krishi Vignana Kendras/ Statutory bodies/ International Organizations. NGO's recognized by Government of Karnataka and Government of India 1) 0.125 Marks for each month of Service in Sports Teaching/Physical Education. 2) Co-ordination in organizing sports event 0.5 marks per each activity. Note: To be supported by relevant document issued by the competent authority. 5. Special attainment in academic field (during Bachelor's degree & above). Maximum marks allotted-05 Fellowship/Scholarship from recognized organizations=2.5 marks for each. 6. Scientific Publications in the concerned field. Maximum marks allotted=06 1) For full length papers published in referred scientific journals at: a. International level=3 Marks each b. National level=2 Marks each 2) For research Note/Abstracts published in journal/ Seminar/ Symposia/conferences=0.5 mark each (Maximum 5 marks). - 12 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 3) Full length papers presented & published in Seminar/ Symposia / Conferences at: (Maximum-7 Marks). a. International level=2 mark each. b. National level=1 mark each. c. University level=0.5 mark each. 4) Books published by individuals=3 Mark each. Note: Translation books carried 50% marks. 5) Research Bulletins/Extension Bulletins Chapters in Books published by Universities/ National Institutes/ Govt. Departments/ Standard Commercial Publishers/ Training Manuals/ Laboratory Manuals=0.50 mark each (Maximum=4 marks). 6) Popular articles published in leading Dallies/ Institutional/ Govt. Dept/ Periodicals/Radio talks/ TV programmes/ Phone-in programmes=0.5 Mark each (Maximum - 4 marks). Note: a) All the publications mentioned above should have been published as on the last date prescribed for submission of filled-in applications. b) The first three authors in all the above cases will get full marks while the rest of the authors will get 50 - 13 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 percent of the marks allotted to each item. 7. Performance in the Interview Maximum marks allotted=10 (ii) The petitioner and respondent No.4 amongst others had applied to the post of Assistant Professor in the General Merit category and enclosed all relevant documents in support of their eligibility. (iii) The recruitment notification dated 24.01.2019 was challenged by a candidate in W.P.No.9861/2019, which was connected with other writ petitions. This Court stayed the recruitment notification consequent to which the process did not happen as scheduled. Later, this Court in terms of an order dated 26.02.2021 permitted the respondent No.2 to proceed with the recruitment process and directed that no appointment orders shall be issued without the leave of the Court. (iv) The respondent No.2 considered the applications received and issued "interview call letter" dated 07.11.2022 to the petitioner and directed him to appear for an interview at 2.30 p.m. on 23.11.2022. Accordingly, the petitioner attended - 14 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 the interview along with all his documents to establish his qualification, experience and awards. (v) Later, this Court in W.P.No.9861/2019 permitted respondent No.2 to issue "conditional appointment letters" to the selected candidates and observed that the appointees shall not have any vested right but their appointment shall be subject to the result of W.P.No.9861/2019 and connected petitions. The petitioner contends that he thereafter came to know that the respondent No.4 was issued with an appointment order as Assistant Professor of Physical Education. The petitioner thereafter, obtained copy of order of appointment of respondent No.4 under Right to Information Act, 2005 and has enclosed it with the writ petition as Annexure - G,. (vi) The petitioner contends that he also filed applications under the Right to Information Act seeking information about the scrutiny particulars and score-cards of the candidates, who had applied for the post of Assistant Professor of Physical Education. This was rejected by respondent No.3 vide its reply dated 25.01.2023 on the ground that the issue is pending consideration before this Court in - 15 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 W.P.No.9861/2019. Later, on persistent follow-up, the Information Officer provided the marks secured by the applicants under the general merit category. Following this, the petitioner sought information about the score-cards particularly in respect of candidates who were undergraduates, postgraduates and Ph.D holders and other additional qualifications. The petitioner contends that he was shocked to note that though he possessed a degree qualification, no marks was allotted to him and also no marks was allotted for the additional qualification. He thereafter, followed it up by filing applications in respect of the score granted for his other achievements. He also sought information about the name and designation of the officials, who scrutinized the applications and interviewed the candidates. He received information that Dr. Rajanna, Professor and HOD, Department of Physical Education, Agricultural University, Raichur and Dr. Umesh Mukthamut, Professor and HOD, Department of Physical Education, Agricultural University, Dharwad, were the persons, who had evaluated the applications. He then filed an application seeking information as to under whose administrative control Hanumanamatti Agricultural College lay and the names and - 16 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 designations of the teachers/professors serving in the Department of Physical Education at Hanumanamatti Agricultural College during 01.01.2016 to 31.01.2023. In response, he came to know that respondent No.4 was serving on contract basis at Hanumanamatti Agricultural College under Dr. Umesh Mukthamut. (vii) The petitioner contends that the comprehensive score of respondent No.4 and petitioner was 66.425% and 64.330% respectively. On perusal of item-wise marks, he noted that he was not allotted any marks for the Bachelor's Degree and additional qualifications that he possessed. He contends that he had secured 925 marks out of 1200 marks in Bachelor of Physical Education and therefore, while awarding marks on pro-rata basis, he ought to have been allotted 5.560 marks under Bachelor's Degree category. In addition, he claims that he must have been allotted additional 3 marks for additional qualification and 6 marks for the medals and awards. He contends that he had produced certificates showing special attainment in academic field but no marks was allotted though he was entitled 5 marks. He therefore, contends that if all these were taken into account, the total score would have been - 17 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 76.640%, which is far higher than 66.425% scored by the respondent No.4. The petitioner is therefore, before this court challenging the appointment of respondent No.4. 4. The learned counsel for the petitioner contended that the post recruited was an Assistant Professor of Physical Education in the general merit category. He contends that the petitioner not only possessed a degree in Physical Education but also possessed a post-graduation in Sociology, which meant that he also possessed a Bachelor's Degree in Arts. He contends that since the post notified was an Assistant Professor of Physical Education, the petitioner had only declared his Bachelor's Degree in Physical Education and Master's Degree in Physical Education, Doctorate in Physical Education besides his M.A. in Sociology. He therefore, contends that the respondent No.2 ought to have assigned marks for the qualification and if done, the petitioner was entitled to be selected as against the respondent No.4. He further contends that in the notification dated 16.01.2015, referred supra, the maximum marks allotted under the academic qualifications towards Bachelor's Degree was '10' on pro-rata basis considering the conversion percentage of marks. He contends that in a subsequent - 18 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 notification dated 15.03.2023, this was bifurcated as 5 marks on pro-rata basis for a candidate, who possessed a Bachelor's Degree and 5 marks on pro-rata basis for a candidate, who possessed a Bachelor's Degree in Physical Education. He therefore, contends that the petitioner was under the bonafide impression that since the recruitment was for the post of Assistant Professor of Physical education, the relevant qualification would be a Bachelor's Degree in Physical Education, though at the relevant point of time, he possessed Bachelor of Arts Degree. He also contends that since the petitioner was a postgraduate in Sociology, it went without saying that he possessed a Bachelor's Degree in Arts. In this regard, he referred to the University Grants Commission Regulations, 1985, regarding the Minimum Standards of Instruction for the Grant of the First Degree through Formal Education, which provides that no students shall be eligible to seek admission to Master's Course in Arts, Science or Commerce, who have not successfully pursued the Degree Course of three years duration. Therefore, he contends that respondent No.2 must have been mindful before refusing to assign any marks to the petitioner. - 19 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 5. The learned counsel for respondent No.4 submitted that it was necessary for the petitioner to produce a Bachelor's Degree, which was the basic prescribed qualification. He contends that since the petitioner did not produce it, the respondent No.2 did not allot any marks, as "the Bachelor's Degree in Physical Education" produced by the petitioner was not an equivalent qualification. Therefore, he contends that the respondent No.4 was rightly selected and appointed. He also contends that the petitioner had lodged a complaint against the respondent No.4 alleging favoritism in the manner of her appointment. He contended that the respondent No.3 issued a show-cause notice dated 13.04.2024 to the respondent No.4 and without considering her reply, appointed an enquiry officer dated 30.05.2024. He contends that the said proceedings are challenged by the respondent No.4 in W.P.No.15646/2024. He contends that respondent No.4 did not suppress any material fact but on the contrary, disclosed the qualification and credentials that she possessed. He contends that if the credentials of respondent No.4 was genuine, mere allegation that there was favoritism in the process of selection and appointment did not amount to a misconduct. He therefore, - 20 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 contends that appointment of respondent No.4 is just and proper and consequently, enquiry launched against the respondent No.4, which is challenged in W.P.No.15646/2024 has to be set at naught. 6. (i) The respondent Nos.2 and 3 have filed statement of objections inter alia contending that the petitioner and four others including respondent No.4 had applied to the post of Assistant Professor of Physical Education in general merit category. As per the notification, for the post of Assistant Professor of Physical Education, the qualification prescribed was a Master's Degree in Physical Education or Master's Degree in Sports Science with atleast 55% marks with academic record. It is contended that out of 43 marks, 10 marks is prescribed on pro-rata basis for academic qualification, 20 marks for Master's Degree, 10 marks for Ph.D and 3 marks for additional qualification. It is claimed that petitioner did not possess a regular Bachelor's Degree as prescribed under the rules and the Bachelor's Degree in Physical Education possessed by the petitioner was a one year Degree Programme with two semesters. It is contended that petitioner did not produce his Bachelor's Degree. It is contended that the Bachelor's Degree - 21 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 means a Degree in Arts, Commerce or Science or any equivalent Degrees as declared by the State Government. (ii) It is contended that as per the explanatory notes to the notification dated 16.01.2015, 60% of marks in the degree under trimester/semester system would be treated as 0.0 marks and 100% would be treated as 10 marks. Similarly, in case of candidates holding degree in traditional system, 50% would be treated as 0.0 marks and 100% would be treated as 10 marks. It is contended that the petitioner did not possess a degree in trimester or semester system and Bachelor of Physical Education certificate produced by the petitioner is not a Degree Certificate. Therefore, it is contended that the petitioner was not awarded any marks. As regards the marks prescribed for medals and awards, it is contended that the petitioner did not produce any certificate of having secured any International Awards or National Awards or State or University Gold Medal or any awards from Professional Society and therefore, no marks was allotted to him. As regards the allotment of marks for possessing a Postgraduate Diploma/M.Phil, it is contended that it is a ten month course and therefore, no marks was awarded. It is contended that - 22 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 since the petitioner did not produce any documents to show that he possessed a Bachelor's Degree, he was not allotted any marks and therefore, the respondent No.4 who had secured more marks was selected. It is also contended that the allegation that respondent No.4 was working at Hanumanamatti Agricultural College, where Dr. Umesh Mukthamut was working, did not prejudice the case of the petitioner as the score-card was based on the qualification possessed by the petitioner and respondent No.4. It is also contended that based on the complaint lodged by the petitioner, a fact finding committee was constituted which submitted a report. Later, the Vice- Chancellor of respondent No.2 held a meeting, where it was resolved to seek clarification regarding certificates produced by respondent No.4 from the concerned departments. It is therefore, contended that respondent No.2 is not guilty of any misdoing in selecting the respondent No.4. It is also contended that respondent No.3 has issued a show-cause notice dated 13.04.2024 enclosing therewith articles of charge against the respondent No.4 and after receipt of the reply, an Enquiry Officer is appointed. Therefore, it is contended that respondent - 23 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 Nos.2 and 3 have acted in accordance with law and diligently in redressing the grievance of the petitioner. 7. The learned counsel for respondent Nos.2 and 3 reiterated the above contentions. 8. The learned Additional Government Advocate also supported the contentions of the learned counsel for respondent Nos.2 and 3. Facts as stated in W.P.No.15646/2024 9. It is stated that after W.P.No.10465/2023 was filed, this Court refused to grant an interim order. Therefore, a complaint was lodged by the petitioner in W.P.No.10465/2023 alleging that the documents produced by the petitioner in W.P.No.15646/2024 were all bogus and fabricated. The Administrative Officer of Keladi Shivappa Nayaka University, though being a party in W.P.No.10465/2023 acted on the complaint and issued a show-cause notice dated 13.04.2024. A reply was also filed, following which, an Enquiry Officer was appointed. It is contended that a notification dated 24.01.2019 was issued inviting applications to the post of Assistant Professor in Physical Education Department. The petitioners in - 24 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 both these petitions had applied for the post. The petitioner in W.P.No.15646/2024 was selected and appointed, which is challenged in W.P.No.10465/2023. Therefore, it is contended that the enquiry initiated against the petitioner under the KCS (CCA) Rules, 1957, is ill-motivated. It is contended that there was no wrong disclosure or non-disclosure of any particulars in the application submitted for the post of Assistant Professor of Physical Education and hence, no proceedings could be initiated against the petitioner. 10. The learned counsel for the petitioner reiterated the above contentions and submitted that the petitioner was duly selected based on her academic qualification, while the respondent No.4, who did not produce or mention his Bachelor's Degree in the application form, was not selected. He therefore, contends that in order to browbeat the petitioner, a false complaint was lodged alleging that the academic testimonials of the petitioner were all fabricated. He contends that the petitioner has not fabricated any documents and therefore, the disciplinary proceedings initiated against her being mischievous, are liable to be quashed. - 25 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 11. In response, the learned counsel for respondent No.4 contended that the fact finding committee was constituted by the University, who submitted a report stating that the petitioner had not completed her postgraduate Diploma Course and suitable information be procured from Akkamahadevi Women University. He contended that the Committee also doubted the National Level Sports Certificate secured by the petitioner. Likewise, he contends that the National Level Adventure Camp Certificate was also doubted by the Committee. He also contended that the committee has doubted the claim of the petitioner that she had secured an M.Phil Degree though at the relevant point, she was working at four places on contractual basis. Therefore, he contends that there was material to take steps against the petitioner and accordingly, enquiry is instituted. 12. I have considered the submissions of the learned counsel for the petitioner in both the petitions as well as the learned counsel for respondent Nos.2 and 3 and the learned Additional Government Advocate. - 26 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 13. The appointment of the respondent No.4 in W.P.No.10465/2023 was subject to the final order in W.P.No.9861/2019 or other cases pending before this Court or any case that may arise in connection with her appointment. In the light of the above, if the case in W.P.No.10465/2023 is considered, the petitioner therein specifically mentioned in his application for appointment to the post of Assistant Professor of Physical Education that he possessed a Bachelor's Degree in Physical Education, Master's Degree in Physical Education, a Ph.D in Physical Education, KSET in Physical Education, M.A. in Sociology. As rightly contended by the learned counsel for the petitioner in W.P.No.10465/2023, the fact that the petitioner possessed a post-graduation in Sociology established that the petitioner possessed a Bachelor's Degree in Arts. Since the post notified was an Assistant Professor of Physical Education, the petitioner must have been swayed in producing only his Bachelor's Degree, Master's Degree and Doctorate in Physical Education rather than producing his Bachelor's Degree in Arts. A copy of the Bachelor's Degree in Arts possessed by the petitioner is placed on record, which shows that the petitioner in fact possessed a Bachelor's Degree and therefore, it was an - 27 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 inadvertent error on the part of the petitioner in not mentioning that he possessed a Bachelor's Degree in the application for recruitment. Nonetheless, the fact that he possessed a Master's Degree in Sociology established beyond doubt that he possessed a Bachelor's Degree in Arts. If this benefit was given to the petitioner, he would have outweighed the respondent No.4. Since this was a bonafide mistake on the part of the petitioner, respondent No.2 could not be blamed in selecting the respondent No.4. Having regard to the merit of both the petitioner and respondent No.4 in W.P.No.10465/2023, it is only appropriate to direct the respondent No.2 to re-consider and re-evaluate the applications filed by the petitioner and respondent No.4 in W.P.No.10465/2023 by considering the Degree qualification possessed by the petitioner. 14. In view of the above, W.P.No.10465/2023 is allowed in part. The respondent No.2 shall re-consider the Bachelor's Degree in Arts possessed by the petitioner and re- assess the inter se merit of the petitioner and respondent No.4. If the petitioner is entitled for more marks than the respondent No.4, the petitioner shall be selected and appointed subject to the outcome of W.P.No.9861/2019 and connected petitions. - 28 - NC: 2025:KHC:14152 WP No. 10465 of 2023 C/W WP No. 15646 of 2024 15. The aforesaid exercise shall be complied within a period of three months from the date of receipt of a certified copy of this Order. Until the aforesaid exercise is done, the services of the respondent No.4 shall be continued. 16. W.P.No.15646/2024 is allowed in part in view of the findings recorded in W.P.No.10465/2023. If the petitioner in W.P.No.10465/2023 is selected and appointed, then the enquiry initiated against the petitioner herein (respondent No.4 in W.P.No.10465/2023) shall stand terminated. However, if he is not selected then the enquiry shall be taken to its logical end. 17. In view of disposal of the writ petitions, pending I.As., if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 37