- 1 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 86185 OF 2013 (S-RES) BETWEEN: ASPAK AHMAD S/O. MOHAMMAD HUSSAIN KULLUR, AGE: 44 YEARS, R/O. QUARTERS NO. D/29, NEAR VETERNINARY HOSPITAL, KRISHINAGAR, UNIVERSITY OF AGRICULTURE SCIENCES, DHARWAD. …PETITIONER (BY SRI. J.S.SHETTY, ADVOCATE) AND: 1. UNIVERSITY OF HORTICULTRE SCIENCES BAGALKOT, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102, BY ITS REGISTRAR. 2. SRI. SHRIPAD MALHARRAO MAJALI AGE: MAJOR, OCC: ASSISTANT ADMINISTRATIVE OFFICER, UNIVERSITY OF HORTICULTURAL SCIENCES, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102. 3. ANANDTIRTH MOKASHI AGE: MAJOR, OCC: ASSISTANT REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102. 4. PADMAVATI B. RAJPUT SAMREEN AYUB DESHNUR Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 AGE: MAJOR, OCC: ASSISTANT REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102. 5. VARALAKSHMI P. AGE: MAJOR, OCC: ASSISTANT REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102. 6. MALLIKARJUN B. IMARAPUR AGE: MAJOR, OCC: ASSISTANT ADMINISTRATIVE OFFICER, UNIVERSITY OF HORTICULTURAL SCIENCES, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102. 7. PURUSHOTTAM B. DESOOR AGE: MAJOR, OCC: ASSISTANT ADMINISTRATIVE OFFICER, UNIVERSITY OF HORTICULTURAL SCIENCES, SECTOR NO.60, NAVANAGAR, BAGALKOT-587102. …RESPONDENTS (BY SRI. RAVI S.BALIKAI, ADVOCATE FOR R1; SRI. A.S.PATIL, ADVOCATE FOR R2; SRI. PRAVEEN P.TARIKAR, ADVOCATE FOF R5; NOTICE TO R3, R4, R6 AND R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 06.11.2013 ISSUED BY THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A AND ALSO THE NOTIFICATION NO.R/RECTT./ADVT3/PSL(SP) DATED 05.09.2013, ISSUED BY THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-B IN SO FAR AS THE SELECTION AND THE APPOINTMENT OF THE RESPONDENTS NO.2 TO 7 ARE CONCERNED AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 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) Issue of writ of certiorari or any other writ or direction in the nature of writ to quash the endorsement No.Ku.Sa/To V.V.Bha/6601/2013- 14/6040 dated 06.11.2013, issued by the first respondent, the copy of which has been produced herewith at Annexure-A and also the notification No.R/Rectt./Advt3/PSL(SP) dated 05.09.2013, issued by the first respondent, the copy of which has been produced herewith and marked as Annexure-B, in so far as the selection and the appointment of the respondents No.2 to 7 are concerned. (b) Direction may kindly be issued to the first respondent to select and appoint the petitioner to the post of Assistant Registrar / Assistant Administrative Officer, by considering the application made by the petitioner under Category 2B. (c) Any other writ or direction in the nature of writ which this Hon’ble Court deems fit to grant in the facts and circumstances of the case may kindly be granted in - 4 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 favour of the petitioner along with cost of this petition in the ends of justice and equity. 2. A perusal of the material on record will indicate that respondent No.1 – University of Horticultural Sciences, Bagalkot issued a notification dated 26.07.2012 for recruitment to various posts of service personnel in the 1st respondent, university, from the eligible candidates. 3. Among the various categories of posts, stipulated in the notification, category-A comprised of four types of posts viz., Assistant Registrar / Assistant Administrative Officer, Assistant Comptroller, Assistant Medical Officer and Stenographer. The said notification also stipulates that insofar as the post of Assistant Registrar / Assistant Administrative Officer was concerned, reservation was prescribed for one post in Category 2B. The qualification criteria at item No.1 to the post of the Assistant Registrar / Assistant Administrative Officer provides that a candidate must have experience of not less than 8 years in an administrative department in an office of the Government or Statutory Body. - 5 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 4. On 21.08.2012, the petitioner submitted an application pursuant to the aforesaid notification to the post of Assistant Registrar. By the impugned endorsement at Annexure- A dated 06.11.2013, the 1st respondent rejected the application filed by the petitioner on the ground that the petitioner had not satisfied the minimum eligibility criteria having working in an administrative department of either the Government or Statutory Body for a period of 8 years stipulated in the said notification. Since the petitioner was the sole candidate claiming reservation under Category 2B and there was no other candidates in relation to this category, respondent No.1 converted category 2B into General Merit Category (GM) and appointed respondent No.2 as an Assistant Administrative Officer vide impugned notification dated 05.09.2013, which preceeded the impugned endorsement dated 06.11.2013, under which, the application of the petitioner was rejected by the 1st respondent – University. Aggrieved by the impugned endorsement at Annexure-A dated 06.11.2013 and the impugned notification at Annexure-B dated 05.09.2013 insofar as it relates to respondent No.2, whose name is shown at Sl.No.2 of the said notification, the petitioner is before this Court by way of the present petition. - 6 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 5. Learned counsel for the petitioner would invite my attention to the notification at Annexure-K dated 26.07.2012 as well as the order dated 06.10.2003 at Annexure-P issued by the 1st respondent – University in order to point out that, in addition to being posted as a messenger from November, 1997 till July 2006, the petitioner was additionally working as a typist, Registrar’s Office, UAS, Dharwad as an additional charge from 01.04.2003, temporarily until further order. 6. It is submitted that while considering and rejecting the application filed by the petitioner by issuance of Annexure-A, the 1st respondent has not considered Annexure-P dated 06.10.2003, which indicates that the petitioner was eligible and qualified to be appointed to the post of Assistant Registrar / Assistant Administrative Officer in Category 2B and as such the impugned endorsement at Annexure-A and notification at Annexure-B deserve to be quashed. 7. Per contra, learned counsel for respondent No.1 - University as well as learned counsel for respondent No.2, would fairly submit that, the order at Annexure-P dated 06.10.2003 was not considered by the 1st respondent before passing the - 7 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 impugned endorsement and appropriate orders may be passed in the present case. 8. In view of the aforesaid facts and circumstances, though several contentions have been urged by both the sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions and in the light of the undisputed fact that while issuing the impugned endorsement at Annexure-A dated 06.11.2013, the 1st respondent – University did not consider the order at Annexure-P dated 06.10.2003, in relation to the petitioner, I deem it just and appropriate to set aside the impugned endorsement at Annexure-A and remit the matter back to the 1st respondent for reconsideration of the petitioner’s application at Annexure-L dated 21.08.2012 afresh in accordance with law within a stipulated time frame. 9. The order at Annexure-P dated 06.10.2003 passed by the 1st respondent, in relation to the petitioner, reads as under: - 8 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 UNIVERSTY OF AGRICULTURAL SCIENCE No.AO/Est-4/INCH/2425B/2003-04 Administrative Officer Krishinagar, Dharwad, Date : 6.10.2003 Sub: Placing additional charge of the post of Typist –Reg. Ref: 1) Request of Mr.Ashfaq Ahamed M.Kullur, Messenger, Registrar’s Office, UAS, Dharwad dtd.12.9.2003. 2) Recommendations of the Registrar, UAS, Dharwad, Dtd. 16.9.2003. 3) Orders of the Vice-Chancellor, U.A.S., Dharwad, dtd.5.10.2003. ORDER Mr.Ashfaq Ahamad M Kullur, Messenger, Registrar’s Office, U.A.S., Dharwad is placed in additional charge of the Post of Typist, Registrars’s Office, U.A.S., Dharwad and sanctioned charge allowance of Rs.208/- p.m. (5% of the minimum of the scale Rs.4150-7800) w.e.f. 1.4.2003 temporarily until further orders. By Order, Sd/- Administrative Officer. To, Mr.Ashfaq Ahamad M.Kullur, Messenger, Registrar’s Office, U.A.S., Dharwad. CC. TO : The Registrar/Comptroller, UAS, Dharwad. ` : The Concerned Drawing Officer. : OO/PF - 9 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 10. When the matter came up before this Court on 03.02.2014, this Court passed the following order: “Issue notice to the respondents. Appointment if any to be made to the post of Assistant Administrative Officer / Assistant Registrar Post vide Annexure-A will be subject result of this writ petition.” 11. In the result, the following : ORDER (i) The writ petition is hereby partly allowed. (ii) The impugned endorsement at Annexure-A dated 06.11.2013 is hereby set aside and the matter is remitted back to the 1st respondent for reconsideration of the application at Annexure-L dated 21.08.2012 submitted by the petitioner for reconsideration afresh in accordance with law after providing sufficient and reasonable opportunity to the petitioner. (iii) The 1st respondent shall re-consider Annexure-L dated 21.08.2012 filed by the petitioner afresh in accordance with law bearing in mind the order at Annexure-P dated 06.10.2003 and proceed further in accordance with law bearing in mind the interim - 10 - HC-KAR NC: 2025:KHC-D:11383 WP No. 86185 of 2013 order dated 03.02.2014 passed in the present petition. (iv) It is made clear that all rival contentions on all aspects of the matter are kept open and no opinion expressed on the merits / de-merits of the rival contentions. (v) It is also made clear that this Court has not expressed any opinion on Annexure-P dated 06.10.2003 in any manner whatsoever. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 1 Sl No.: 8