- 1 - HC-KAR NC: 2025:KHC-D:9039-DB WA No. 100535 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100535 OF 2023 (S-RES) BETWEEN: SATHEESH NAIK T. S/O. TOGYA NAIK, POST: MADAKARIPURA, CHITRADURGA-577524. …APPELLANT (BY SRI. S.H. MITTALKOD, ADVOCATE) AND: 1. THE VOICE CHANCELLOR AND CHAIRMAN, BOARD OF MANAGEMENT, UNIVERSITY OF AGRICULTURAL SCIENCES, KRISHINAGAR, DHARWAD-580005. 2. THE REGISTRAR AND MEMBER SECRETARY, BOARD OF MANAGEMENT, UNIVERSITY OF AGRICULTURAL SCIENCES, KRISHINAGAR, DHARWAD-580005. 3. MR. SHIVALINGAPPA HOTKAR, AGED ABOUT 26 YEARS, ASST. PROFESSOR/SCIENTIST AICRP, CHICKPEA, AGRICULTURE RESEARCH STATION, ALAND ROAD, KALBURGI-585301. 4. MR. NARASIMHAMURTHY H.B., AGED ABOUT 27 YEARS, III PH.D., DEPARTMENT OF PLANT PATHOLOGY UNIVERSITY OF AGRICULTURAL AND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9039-DB WA No. 100535 of 2023 HORTICULTURAL SCIENCES, SHIMOGGA-577204. 5. MR. HANUMANTH S/O. BASANNA AGED ABOUT 27 YEARS, 1ST PH. D. DEPARTMENT OF PLANT PATHOLOGY, GANDHI KRISHI VIGYANA KENDRA, UNIVERSITY OF AGRICULTURAL SCIENCES, BENGALURU-560065. …RESPONDENTS (BY SRI. RAMACHANDRA A.MALI, ADVOCATE FOR R1 AND R2; SRI. P.V. GUNJAL, ADVOCATE FOR R3; NOTICE TO RESPONDENTS 4 AND 5 ARE SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, I. ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 27.07.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103657/2017 (S-RES) CONSEQUENT UPON QUASHING THE PROCEEDINGS OF 35TH MEETING OF THE BOARD OF MANAGEMENT HELD ON 25.03.2017 IN ITEM NO.14 IN RESPECT OF RECRUITMENT TO THE VARIOUS POST OF ASSISTANT PROFESSOR IN UAS, DHARWAD PASSED BY THE 1ST RESPONDENT DIRECT THE RESPONDENT NO.1 AND 2 TO APPOINT THE APPELLANT HEREIN TO THE POST OF ASSISTANT PROFESSOR IN UAS, DHARWAD. II. DIRECT THE RESPONDENT NO.1 AND 2 APPOINT THE APPELLANT TO THE POST OF ASSISTANT PROFESSOR IN UAS DHARWAD WITH ALL CONSEQUENTIAL BENEFITS FROM THE DATE OF PETITION TO TILL DATE OF APPOINTMENT AND ETC.,. THIS WRIT APPEAL, COMING ON FOR FINAL DISPOSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:9039-DB WA No. 100535 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The original writ petitioner who was unsuccessful before the learned single judge has filed this intra Court appeal. 2. The appellant was a candidate during the selection process to the post of Assistant Professor(Plant Pathology) under the reserved category, Schedule Caste (Rural). The main contention of the appellant herein is that the last date for submission of the application was 30.05.2016 at 5 p.m. The recruitment notification prescribed marks under different category and the bone of contention of the appellant is in respect of publications of scientific papers at Sl.No.6. There are various methods of awarding marks under Sl.No.6 regarding scientific publication. The first of it is for full length papers published in referred scientific journals at international level or at - 4 - HC-KAR NC: 2025:KHC-D:9039-DB WA No. 100535 of 2023 national level. It is sought to be contended at the hands of appellant that though the last date for submission of application was 30.05.2016, nevertheless, respondent No.3 who was selected under the schedule caste, rural category had furnished papers published after the last date for filing the application. It was sought to be pointed out that the papers were published in the month of June and thereafter and therefore the examiners could not have taken those publications for consideration. 3. However, we find that the learned single judge had called for the original records and found that some of the documents produced by the appellant herein at Annexures-‘H’, ‘J’ and ‘K’ were actually not part of the original records. When further queried, the appellant accepted his mistake and submitted that by inadvertence those papers were filed along with the writ petition. The learned single judge therefore, came to a conclusion that the expert committee had considered the merit of the candidates in accordance with the recruitment notification - 5 - HC-KAR NC: 2025:KHC-D:9039-DB WA No. 100535 of 2023 and no fault could be found in the process of selection. In fact, the learned single judge expressed in his order dated 10.07.2023 that in the event the allegations made by the writ petitioner against the Expert committee/Selection committee, was found to be false and baseless, the writ petitioner would be liable to pay exemplary costs of Rs.10,00,000/-. However, having found that the writ petitioner was working as a temporary employee, the learned single judge proceeded to dismiss the writ petition by imposing cost of Rs.1,00,000/-, payable to the Karnataka State Legal Services Authority, Bengaluru. 4. Learned counsel Sri.Mittalkod appearing for the appellant did not further press the appeal and the learned counsel pleaded that having regard to the fact that the appellant is working as a temporary employee, imposition of cost would cast a stigma on the appellant. 5. Having heard the learned counsel for the appellant, learned counsel for the respondents and having - 6 - HC-KAR NC: 2025:KHC-D:9039-DB WA No. 100535 of 2023 regard to the submission made by the learned counsel for the appellant, we proceed to dismiss the appeal, however, modifying the order passed by the leaned single judge to the extent of reliving the appellant of payment of costs. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE HMB CT: UMD List No.: 1 Sl No.: 52