- 1 - NC: 2025:KHC:7699 WP No. 36216 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 36216 OF 2024 (S-RES) BETWEEN: 1. SRI.G.RAMESH, S/O LATE G. SHIVANAGOUD, AGED ABOUT 51 YEARS, R/O FLAT NO.311, S.L.V. GVR PARADISE APARTMENT, 4TH MAIN, VINAYAKA NAGAR, BAGALUR CROSS, YELAHANKA, BANGALORE – 560 064, ADHAAR NO.446967633969 MOBILE - 9611514002 E-MAIL RAMESHBLY1973ALIASGMAIL.COM 2. SMT. DR. GNANESHWARI G.R. AGED ABOUT 44 YEARS WORKING AS ASSISTANT PROFESSOR (GROUP-A) (AS FORMAL ORDER REQUIRED TO BE ISSUED AS ASSOCIATE PROFESSOR) DEPARTMENT OF COMPUTER SCIENCE GOVERNMENT ENGINEERING COLLEGE GANGAVATHI – 583 227. R/O FLAT NO.311, S.L.V.GVR PARADISE APARTMENT, 4TH MAIN, VINAYAKA NAGARBAGALUR CROSS, YELAHANKA, BANGALORE – 560 064, ADHAAR NO.457258643696 E-MAILGECGNANIALIASGMAIL.COM 3. DR. SHANKARA NAIK, AGE ABOUT 47 YEARS, WORKING AS ASSISTANT PROFESSOR (GROUP-A) (AS FORMAL ORDER REQUIRED TO BE ISSUED AS ASSOCIATE PROFESS DEPARTMENT OF MECHANICAL ENGINEERING GOVERNMENT ENGINEERING COLLEGE Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7699 WP No. 36216 of 2024 K.R.PET – 571 426. E-MAILSHANKARNAIKSBALIASGMAIL.COM 4. DR. VAHINI M AGED ABOUT 44 YEARS, WORKING AS ASSISTANT PROFESSOR (GROUP-A), (AS FORMAL ORDER REQUIRED TO BE ISSUED AS ASSOCIATE PROFESSOR) DEPARTMENT OF CIVIL ENGINEERING GOVERNMENT ENGINEERING COLLEGE, HAVERI – 581 110. E-MAILVAHINISOMANSHUALIASGMAIL.COM …PETITIONERS (BY SRI. PRABHAKAR R.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENTAL OF PERSONNEL AND TRAINING MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK, NEW DELHI – 110 001. 2. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 3. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY LAW DEPARTMENT, GROUND FLOOR, VIDHANA SOUDHA, BANGALORE – 560 001. 4. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY DPAR, VIDHANA SOUDHA, BENGALURU – 560 001. 5. STATE OF KARNATAKA, REPRESENTED BY ITS - 3 - NC: 2025:KHC:7699 WP No. 36216 of 2024 ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (E-GOVERNANCE), M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001. 6. STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001. 7. THE PRINCIPAL ACCOUNTANT GENERAL (A AND E), KARNATAKA, PALACE ROAD BENGULURU – 560 001. 8. THE UNDER SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001. 9. THE COMMISSIONER DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BANGALORE - 560 001. 10. THE DIRECTOR DIRECTOR OF TECHNICAL EDUCATION, NO. 1, PALACE ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGULURU – 560 001. 11. THE JOINT DIRECTOR (ADMINISTRATION) DEPARTMENT OF TECHNICAL EDUCATION, NO. 1, PALACE ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BANGALORE - 560 001. 12. THE APPROVAL BUREAU, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE), NELSON MANDELA MARG, - 4 - NC: 2025:KHC:7699 WP No. 36216 of 2024 VASANT KUNJ, NEW DELHI – 110 070. 13. THE HON'BLE VICE CHANCELLOR VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA MACHHE, BELAGAVI – 590 018. 14. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, VIPRASAI NAGAR, GANGAVATHI, KOPPAL DISTRICT KARNATAKA – 583 227. 15. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, HAVERI – 581 110. 16. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, K.R.PET – 571 426. …RESPONDENTS (BY SMT. SINCHANA M.R, CGC FOR R1; SRI. NAVEEN CHANDRASHEKAR, AGA FOR R2- R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH THE NON EXISTENCE OF ASSISTANT PROFESSOR (GROUP-A) POST AS PER AICTE/ STATE GOVERNMENT NORMS DESIGNATED TO P-2, 3 AND 4 BY CONSIDERING. PARA 8(i) GOVERNMENT ORDER NO. ED 96 DTE 2010 DTD. 07.03.2011 (ANNX-D).PARA 5 OF GOVERNMENT ORDER NO. ED 12 DTE 2019 DTD. 24.03.2020 (ANNX-K).PARA 1 OF GOVERNMENT ENDORSEMENT DTD. 22.10.2021 ED 21 TGL 2020 (ANNX-P) WHICH IS SUBMITTED BY R-6, 7, 9, 10 AND 11 IN THIS HONBLE HIGH COURT BANGALORE IN CCC.NO. 639/2021 (CIVIL) (ANNX-Q) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 5 - NC: 2025:KHC:7699 WP No. 36216 of 2024 ORAL ORDER Heard learned counsel Sri.Manjunatha Naik.N.R., for Sri.Prabhakar.R., learned counsel for petitioners, learned counsel Sri.M.R.Sinchana for respondent No.1 and Learned Additional Government Advocate Sri.Naveen Chandrashekar for respondent Nos.2 to 7. Perused the writ petition papers. 2. The petitioners who are working as Assistant Professors in the Technical Education Department of the State are before this Court with the following prayers: “WHEREFORE, the petitioners above named humbly pray that this Hon'ble High Court may be pleased to: 1. Issue writ of Mandamus to Quash the non existence of Assistant Professor (Group-A) post as per AICTE /State government norms Designated to petitioner No.2, 3 & 4 by considering: A) Para 8(1) Government order No.ED 96 DTE 2010 Dated: 07/03/2011 (ANNEXURE: D) - 6 - NC: 2025:KHC:7699 WP No. 36216 of 2024 B) Para 5 of Government Order No.ED 12 DTE 2019 Dated: 24/03/2020 (ANNEXURE: K) C) Para 1 of Government Endorsement dated: 22/10/2021 ED 21 TGL 2020 (ANNEXURE: P) which is submitted by respondent No. 6, 7, 9, 10 &11 in this Hon'ble High Court Bangalore in CCC.No.639/2021 (Civil) (ANNEXURE: Q) In the interest of justice and equity 2. Issue the dear writ of Mandamus directing the respondent No. 4,6,7,9,10 &11 to designate the petitioner No.2,3 & 4 to Associate Professor post from date of joining to their service who are working on sanctioned Associate Professor post as per Amended C & R rules within time bound with arrears at 18 % rate of interest per annum by considering Para 1 of Government Endorsement dated 22/10/2021 ED 21 TGL 2020 ( ANNEXURE: P) Which is submitted by respondent No. 6,7,9 &10 in this Hon'ble High Court Bangalore (Divisional Bench) in CCC.No.639/2021 (Civil) Annexure-: Q) in the interest of justice and equity.” - 7 - NC: 2025:KHC:7699 WP No. 36216 of 2024 3. For redressal of grievance of the State Government servants, special forum is created under the State Administrative Tribunals Act, 1985. Since the petitioners are provided with alternative forum for redressal of their grievance, I decline to entertain the writ petition under Article 226 of the Constitution of India. 4. Writ petition is disposed of with liberty to the petitioners to approach the Administrative Tribunal established under the State Administrative Tribunals Act, 1985 to redress their grievance. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 30