Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 56542 (KAR)

DR SUJATHA v. THE STATE OF KARNATAKA

WP/18460/2024 · 2025-11-11

Ashok S Kinagi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 18460 OF 2024 (S-RES) C/W WRIT PETITION NO. 18599 OF 2024 (S-RES) WRIT PETITION NO. 19134 OF 2024 (S-RES) IN WP No. 18460/2024 BETWEEN: DR. SUJATHA ASSISTANT PROFESSOR (TEMPORARY), UNIVERSITY OF MYSORE SCHOOL OF LAW, D/O. G. S. KONA NAIK, W/O. NAGENDRA. N, AGED ABOUT 44 YEARS, R/AT NO. 2562/9B, 2ND CROSS, 1ST FLOOR, AADI PAMPA ROAD, V.V. MOHALLA, VONTIKOPPAL, MYSURU-570 002. …PETITIONER (BY SRI. MURALI N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE VICE CHANCELLOR UNIVERSITY OF MYSORE, CRAWFORD HALL, MYSORE-570 005. 3. THE REGISTRAR UNIVERSITY OF MYSORE, CRAWFORD HALL, MYSORE-570 005. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT R-3 TO CONSIDER REPRESENTATIONS DTD 19.06.2024, 30.05.2024 (NO. MUSL/14/2023-24), 30.05.2024 AND 25.06.2024 VIDE ANNEXURE-A AND A3 TO REGULARISE THE SERVICE AND ABSORB THE PETITIONER ON THE BASIS OF PERMANENT APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR AND THEREBY EXTEND ALL THE BENEFIT PROVIDED UNDER THE UGC REGULATION FROM THE DATE OF APPOINTMENT OF THE SERVICE OF THE PETITIONER AND DIRECT THE R-3 TO EXTEND THE TENURE OF THE PETITIONER TILL THE ORDER OF REGULARISATION OF THE PETITIONERS SERVICE TO THE POST OF ASSISTANT PROFESSOR IS PASSED, AND R-3 TO PROVIDE AND FIX THE SALARY OF THE PETITIONER ON PAR WITH THE STATE UGC SCALE EMPLOYEES. IN WP NO. 18599/2024 BETWEEN: DR. PRAVEEN KUMAR MELLALLI ASSISTANT PROFESSOR, DEPARTMENT OF PUBLIC ADMINISTRATION, - 3 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 UNIVERSITY OF MYSORE, S/O. DAYANAND, AGED ABOUT 38 YEARS, RESIDING AT L-81, 11TH CROSS, UNIVERSITY QUARTERS, MANASA GANGOTRI, MYSURU-570 006. ...PETITIONER (BY SRI. MURALI N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE VICE CHANCELLOR UNIVERSITY OF MYSORE, CRAWFORD HALL, MYSORE-570 005. 3. THE REGISTRAR UNIVERSITY OF MYSORE, CRAWFORD HALL, MYSORE-570 005. ...RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE R3 TO CONSIDER THE REPRESENTATIONS DATED 19/06/2024 AND 24/06/2024 (NO. PGPUB-AD203/2023-24) VIDE ANNEXURE-A AND A1 RESPECTIVELY TO REGULARISE THE SERVICE AND ABSORB THE PETITIONER ON THE - 4 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 BASIS OF PERMANENT APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR AND THEREBY EXTEND ALL THE BENEFIT PROVIDED UNDER THE UGC REGULATION FROM THE DATE OF APPOINTMENT OF THE SERVICE OF THE PETITIONER. B) DIRECT THE R3 TO EXTEND THE TENURE OF THE PETITIONER TILL THE ORDER OF REGULARISATION OF THE PETITIONERS SERVICE TO THE POST OF ASSISTANT PROFESSOR IS PASSED. C) THE R3 TO PROVIDE AND FIX THE SALARY OF THE PETITIONER ON PAR WITH THE SATE UGC SCALE EMPLOYEES. IN WP NO. 19134/2024 BETWEEN: DR. RAGI JADIMUTHY S/O LATE RAGI SHARANABASAIAH AGE 36 YEARS RESIDENTIAL ADDRESS SEETHAMMA NILAYA NEAR KUNTAMMA TEMPLE B G S LAYOUT, HOOTAGALLI MYSURU 570 018 ...PETITIONER (BY SRI. MURALI N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION M S BUILDING DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE VICE CHANCELLOR UNIVERSITY OF MYSORE CRAWFORD HALL MYSORE- 570005 - 5 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 3. THE REGISTRAR UNIVERSITY OF MYSORE CRAWFORD HALL MYSORE - 570005 ...RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE R3 TO CONSIDER THE REPRESENTATIONS DATED 19/06/2024 AND 24/06/2024 (NO. MG/MB/23/2023-24) AND 30.05.2024 VIDE ANNEXURE-A AND A1 TO REGULARISE THE SERVICE AND ABSORB THE PETITIONER ON THE BASIS OF PERMANENT APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR AND THEREBY EXTEND ALL THE BENEFIT PROVIDED UNDER THE UGC REGULATION FROM THE DATE OF APPOINTMENT OF THE SERVICE OF THE PETITIONER. B) DIRECT THE R3 TO EXTEND THE TENURE OF THE PETITIONER TILL THE ORDER OF REGULARISATION OF THE PETITIONERS SERVICE TO THE POST OF ASSISTANT PROFESSOR IS PASSED. C) THE R3 TO PROVIDE AND FIX THE SALARY OF THE PETITIONER ON PAR WITH THE SATE UGC SCALE EMPLOYEES. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed these writ petitions seeking for the following prayers: In W.P.No.18460/2024: i. Direct respondent No.3 to consider representations dated 19.06.2024, 30.05.2024 (No.MUSL/14/2023-24), 30.05.2024 and 25.06.2024 vide Annexure-A and A3 to regularize the service and absorb the petitioner on the basis of permanent appointment to the post of Assistant Professor and thereby extend all the benefit provided under the UGC regulation from the date of appointment of the service of the petitioner. ii. Direct the 3rd respondent to extend the tenure of the petitioner till the order of regularization of the petitioner's service to the post of Assistant Professor is passed. iii. The respondent No.3 to provide and fix the salary of the petitioner on par with the State UGC Scale employees. - 7 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 In W.P.No.18599/2024: i) Direct respondent No.3 to consider the representations dated 19.06.2024, 24.06.2024 (No.PGPUB-AD203/2023-24) vide Annexure-A and A1 respectively to regularize the service and absorb the petitioner on the basis of permanent appointment to the post of Assistant Professor and thereby extend all the benefit provided under the UGC regulation from the date of appointment of the service of the petitioner. ii) Direct the 3rd respondent to extend the tenure of the petitioner till the order of regularization of the petitioner's service to the post of Assistant Professor is passed. iii)The respondent No.3 to provide and fix the salary of the petitioner on par with the State UGC Scale employees. In W.P.No.19134/2024: i) Direct respondent No.3 to consider representations dated 28.06.2024, 22.04.2024 (No.M.G.MB/23/2024-25) and 30.05.2024 vide Annexure-A and A1 to regularize the service and absorb the petitioner on the basis of permanent appointment to the post of Assistant Professor and thereby extend all the benefit provided under the - 8 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 UGC regulation from the date of appointment of the service of the petitioner. ii) Direct the 3rd respondent to extend the tenure of the petitioner till the order of regularization of the petitioner's service to the post of Assistant Professor is passed. iii) The respondent No.3 to provide and fix the salary of the petitioner on par with the State UGC Scale employees. 2. Brief facts leading rise to the filing of these writ petitions are as follows: 3. The respondent - University on 18.01.2016, has issued a notification inviting the eligible aspirants to the post of Assistant Professors. The respondent- University conducted an interview on 19.03.2016. The petitioners were appointed as Assistant Professors (temporary) in University of Mysore School of Law in all the three petitions. The respondent- University passed the orders dated 16.01.2017, to extend the tenure of the petitioners. - 9 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 The respondent - University withdraw the said order dated 16.01.2017, extending the tenure of the petitioners. The petitioners approached this court to quash the order dated 21.11.2017. This Court granted an interim order permitting the petitioners to continue in the post of Assistant Professors in the University of Mysore School of Law. The petitioners submitted representations for regularization of their services. The respondent- University has not passed any order on the said representations. Hence this writ petition. 4. Heard the arguments of the learned counsel for the petitioners and the learned counsel for the respondent- University. 5. Learned counsel for the petitioners submits that the petitioners have submitted the applications/ representations for regularization of service. The respondents have not considered the representations nor passed any orders on the representations - 10 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 submitted by the petitioners. Hence, prays to issue a direction to the respondent-University to consider the representations submitted by the petitioners. 6. The learned counsel for the respondent-University submits that if reasonable time is granted, the respondent-University would consider the representations and pass the appropriate orders in accordance with law. Hence, prays to dispose of the writ petitions. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. There is no dispute that the petitioners were appointed as Assistant Professors in the respondent- University on temporary basis. The tenure of the petitioners were extended on 16.01.2017, thereafter, the University has withdrawn the order dated 16.01.2017 extending the tenure of the petitioners, by order dated 21.11.2017. The petitioners - 11 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 approached this Court seeking to quash the order dated 21.11.2017. Thereafter, the petitioners have submitted the representations for regularisation of their service. The respondent- University has not passed any orders on the representations, submitted by the petitioners. 9. The learned counsel for the respondent-University has undertaken to consider the representations and pass the appropriate orders in accordance with law. Learned counsel for respondent No.3 -University undertakes not to discontinue the petitioners from the service till consideration of the representations and completion of the academic year. 10. His undertaking is placed on record. 11. Learned counsel for the petitioners submits that the respondent-University has not paid the salary. 12. Learned counsel for the respondent-University submits that if the salary is not paid to the - 12 - HC-KAR NC: 2025:KHC:45925 WP No. 18460 of 2024 C/W WP No. 18599 of 2024 WP No. 19134 of 2024 petitioners, he ensures that the salary will be paid to the petitioners, in case it is not paid, in accordance with law. 13. In view of the above submission, I proceed to pass the following order: ORDER i. The writ petitions are allowed in part. ii. The respondent - University is directed to consider the representations of the petitioners and pass the appropriate orders in accordance with law within 8 weeks from the date of receipt of copy of this order. In view of disposal of the petitions, I.A.No.3/2025 does not survive for consideration, and the same is disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV