- 1 - NC: 2025:KHC-D:3246-DB WA No. 100593 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100593 OF 2024 (S-RES) BETWEEN: DR. (SMT.) MAHADEVI R. HIREMATH, AGE: 59 YEARS, OCC.: ASSOCIATE PROFESSOR, DEPARTMENT OF KANNADA, KARNATAKA ARTS COLLEGE, DHARWAD, R/O. 2ND CROSS, 2ND MAIN, NEAR ISHWAR TEMPLE, JAYANAGAR 580001. - APPELLANT (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE KARNATAK UNIVERSITY, PAVATE NAGAR, DHARWAD 580003 REPRESENTED BY ITS REGISTRAR (ADMIN) 2. KARNATAK ARTS COLLEGE REPRESENTED BY THE PRINCIPAL, DHARWAD 580001. 3. DR. B.S. BHAJANTRI, AGE: 59 YEARS, OCC.: ASSOCIATE PROFESSOR, DEPARTMENT OF KANNADA, KARNATAKA ARTS COLLEGE, DHARWAD. DHARWAD 580001. - RESPONDENTS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR R1 & R2; SRI. A. VEERANNA, ADVOCATE FOR R3) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 12.11.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.105727/2024 (S-RES) & ETC. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3246-DB WA No. 100593 of 2024 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) The controversy in the Writ Petition in W.P. No. 105727/2024, which is decided on 12.11.2024, was whether the appellant could be permitted to complete another term as the Coordinator in the Department of Kannada with the Karnataka Arts College, Dharwad. The writ Court by the impugned order has dismissed the writ petition directing the appellant to hand over the charge to the third respondent. The writ Court’s order is in the light of Guidelines dated 20.07.2011 [Annexure-A]. 2. This Court must observe that the Guidelines dated 20.07.2011 [for short, ‘the Guidelines’] are for placement of an Assistant Professors as the Head/ Coordinator in the Department of constituent Colleges and these Guidelines stipulate that the senior most Assistant - 3 - NC: 2025:KHC-D:3246-DB WA No. 100593 of 2024 Professor shall be placed as Head/Coordinator for two years from the day charge is assumed, and the Guidelines further stipulate that the persons so placed may continue beyond the period of two years till another becomes eligible in the department to be so placed. The petitioner is placed as the Head/ Coordinator vide the order dated 30.07.2019 and is continued accordingly. Sri Suhas K. Hosamani, the learned counsel for the appellant, submits that the petitioner’s grievance could be addressed if she has permission to complete her term as the Coordinator till 31.07.2025 stating that as on that date the appellant shall complete another tenure of two years. 3. It is obvious from the circumstances that the appellant, who is placed as a Coordinator for the first time in the year 2019, has continued as such only because no other person was eligible. If in the meantime, the third respondent has become eligible, and if he is placed as the Coordinator, this Court cannot take any exception. The writ Court, because of the basic premise that Guidelines stipulate that the tenure for the Head/coordinator is two years unless - 4 - NC: 2025:KHC-D:3246-DB WA No. 100593 of 2024 there is no other member, has rightly held against the petitioner. 4. At this stage, the learned counsel for the appellant proposes to rely upon Clause-3 of the Guidelines, which read as under: The existing Head/coordinators of the department who have already served in the position for 2 years should be replaced. Those who have not yet completed the tenure of two years, as Head/ Coordinator, they are to be allowed to complete two years. The learned counsel emphasizes on the second part of this clause, but on a conjoint reading of the clause and the other clauses of the Guidelines, this Court is of the considered view that because of the basic premise, viz., wherever there is only one Associate Professor, she/ he may be continued as Head/Coordinator till the other become eligible in the department, no exception can be taken in this appeal, and therefore, the writ appeal stands rejected. - 5 - NC: 2025:KHC-D:3246-DB WA No. 100593 of 2024 In view of disposal of the appeal on merits, pending applications also stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 37