Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10893 WP No. 60323 of 2014
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF AUGUST 2025
BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 60323 OF 2014 (S-RES)
BETWEEN:
DR. BHARATHI D/O. SUSHEELA SHESHAGIRI, AGED ABOUT 40 YEARS, WORKING AS ASSISTANT PROFESSOR, FOLK ART AND LITERATURE, HOSAMANI MARAVATHI, KUNDAPURA TALUK, UDUPI DISTRICT-576261,
PRESENTLY R/A C/O. V.R.HAMPASAGAR NEAR SUB POST OFFICE, HOUSING COLONY, SHIGGON POST, SHIGGON TALUK, HAVERI DISTRICT-581205. …PETITIONER (BY SRI. CHETAN DESAI, ADVOCATE)
AND:
1. KARNATAKA JANAPADA VISHWAVIDYALAYA REPRESENTED BY ITS REGISTRAR GOTAGODI, NH-4, SHIGGON TALUK, HAVERI DISTRICT-581205. 2. THE CHAIRMAN SELECTION COMMITTEE, KARNATAKA JANAPADA VISHWAVIDYALAYA, GOTAGODI, NH-4, SHIGGAON TALUK, HAVERI DISTRICT-581205. …RESPONDENTS (BY SRI. J.S.SHETTY, ADVOCATE)
Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:22:02 +0530
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HC-KAR NC: 2025:KHC-D:10893 WP No. 60323 of 2014
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE REJECTED LIST OF PETITIONER AT SERIAL NO.22 AND 23 DATED NIL 2014 ISSUED BY THE RESPONDENT NO.1 AS PER ANNEXURE-‘J’ I.E IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)
In this writ petition, the petitioner seeks the following reliefs. (A) Set aside the Rejected List of petitioner at Serial No.22 and 23 dated NIL 2014 issued by the respondent no.1 as per Annexure- ‘J’ i.e. in so for as petitioner is concerned. (B) Issue writ of Mandamus or appropriate writs directing the respondent to allow the petitioner to participated in the selection process, if she is found eligible othwerwise, (C) Issue any appropriate writ / order / direction as this Hon’ble Tribunal may deem fit to grant by consider the facts and circumstances of the case and an order as to costs to meet the ends of justice. 2. Heard learned counsel for the petitioner and learned counsel for respondents and perused the material on record. - 3 -
HC-KAR NC: 2025:KHC-D:10893 WP No. 60323 of 2014
3.
A perusal of the material on record will indicate that, it is a specific contention of the petitioner that having completed and obtained her M.A degree on 13.11.2002 from the Karnataka State Open University, and awarded a degree of Ph.D. From Mysore University on 05.03.2010, the petitioner responded to the notification issued by the respondent-University in May, 2013 for appointment to the post of Assistant Professor in the Department of Folk Literature and Folk Art Tradition. 4. Subsequently, on 05.05.2014, the respondent issued re-notification for appointment of teaching staff and the petitioner’s applications were rejected on the ground that she had submitted the Course Work Sheet. It is contended on 08.05.2014, the Mysore University, issued a letter stating that the petitioner has not undergone any Course Work, since Ph.D. Regulations of the year 2004, did not insist on submission of Course Work. Under these circumstances, the petitioner submitted representations dated 24.05.2014 and 15.12.2014 to the respondent/University who proceeded to issue the impugned Rejection List vide Annexure-J in 2014, rejecting the request of the petitioner for appointment to the post of Assistant Professor
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HC-KAR NC: 2025:KHC-D:10893 WP No. 60323 of 2014
in the Department of Folk Literature and Folk Art Tradition at Sl.No.22 and 23, aggrieved by which, the petitioner is before this Court by way of the present petition. 5. A perusal of the impugned rejection list at Annexure-J (Sl.Nos.22 and 23) pertaining to the petitioner – Dr.Bharathi will indicate that the reason for rejection of her applications is on the ground that she had not submitted her Ph.D. Course Work Sheet nor annexed the same along with her applications.
In this context it is pertinent to note that merely because the Mysore University has issued an endorsement at Annexure-F dated 08.05.2014 stating that the petitioner had not undergone any Course work as Ph.D. Regulations of 2004, did not insist on Course work, the requirement of submitting Course Work, which is one of the requirements prescribed by the respondent – University for appointment cannot be done away with and the petitioner having undisputedly not submitted any Course Work for the purpose of Ph.D., the requirement prescribed under the notification at Annexure-A for appointment of teaching staff having not been complied with, I am of the view that there is no illegality and infirmity in the impugned
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HC-KAR NC: 2025:KHC-D:10893 WP No. 60323 of 2014
Notification/Rejection List issued by the respondent/University warranting interference by this Court in the present petition. 6. I do not find any merit in the present petition and hence the same is hereby dismissed. Sd/- (S.R. KRISHNA KUMAR) JUDGE
EM Ct:vh List No.: 1 Sl No.: 5