- 1 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27276 OF 2023 (S-RES) C/W WRIT PETITION NO. 7427 OF 2025 (S-RES) IN WP No. 27276/2023 BETWEEN: 1. SHILPASHREE. S. R. W/O SANTHOSH KUMAR B K AGED ABOUT 39 YEARS R/AT SHIVALLI, MANDYA TALUK MANDYA-571401 2. DARSHAN B N S/O NARAYANASWAMY AGED ABOUT 27 YEARS BUSANAHALLI VILLAGE SUGATUR TALUK KOLARA-563101 3. GIRISH H C S/O CHELUVA MURTHY AGED ABOUT 40 YEARS 6TH CROSS, HALAHALLI MANDYA-571401 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 4. DIVYASHREE T P D/O PUTTARAJU N AGED ABOUT 27 YEARS R/A KOWDLE, KOPPA HOBLI MADDUR TALUK MANDYA DISTRICT-571428 5. ABHILASH GOWDA Y B S/O BASAVARAJU B AGED ABOUT 33 YEARS YADAGANAHALLI VILLAGE AND POST C A KERE HOBLI MADDUR TALUK MANDYA DISTRICT-571422 6. ASHWATH G S S/O SRIKANTE GOWDA AGED ABOUT 36 YEARS R/A GOWDAIAHNA DODDI MADDUR TALUK MANDYA DISTRICT-571422 7. SURENDRA KUMARA A S/O ANDANIGOWDA AGED ABOUT 27 YEARS 185, SATTHEGALA VILLAGE PALYA HOBLI KOLLEGALA TALUK CHAMARAJA NAGARA DISTRICT-571440 8. CHANDAN H L S/O LINGARAJU AGED ABOUT 32 YEARS 6TH CROSS HALAHALLI MANDYA-571401 9. RAMESH S M S/O MAYIGOWDA AGED ABOUT 26 YEARS R/A NO.18, KOTTATHI HOBLI - 3 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 SIDDAYANA KOPPALU YALIYURU MANDYA-571402 …PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE) AND: 1. MANDYA UNIVERSITY M C ROAD MANDYA-571401 REP. BY ITS REGISTRAR 2. MANDYA UNIVERSITY M C ROAD MANDYA-571401 REP. BY ITS VICE CHANCELLOR 3. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES) M S BUILDING BANGALORE-560001 REP. BY ITS PRINCIPAL SECRETARY 4. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES) M S BUILDING BANGALORE-560001 REP. BY ITS UNDER SECRETARY …RESPONDENTS (BY SRI. SHIVARAMU H C., ADVOCATE FOR R1 & R2 SRI. PRADEEP C.S., AAG A/W SMT. B.P. RADHA, AGA FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO i) QUASH - 4 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 THE COMMUNICATION BEARING NO. MUM/STAFF/O.S.E/219/2023-24 DATED 14/09/2023 (VIDE ANNEXURE-R) ISSUED BY THE R1 IN SO FAR AS PETITIONERS ARE CONCERNED AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND ii) DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONERS IN THEIR RESPECTIVE POSTS FOR WHICH THEY WERE APPOINTED BY PAYING THE MINIMUM PAY SCALE PRESCRIBED FOR THE SAID POSTS TILL SAID POSTS WERE SANCTIONED AND FILLED UP UNDER THE PROVISIONS OF KARNATAKA STATE UNIVERSITIES ACT, 2000. IN WP NO. 7427/2025 BETWEEN: SUNEETHA S W/O. RAMESH R, AGE 34 YEARS, R/O. MADAVADI VILLAGE, TALAKADU HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT-571122. ...PETITIONER (BY SRI. RAJATH. S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES), M.S. BUILDING, BANGALORE-560001 2. MANDYA UNIVERSITY, M.C. ROAD, MANDYA-571401 - 5 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 BY ITS VICE-CHANCELLOR. ...RESPONDENTS (BY SRI. PRADEEP C.S., AAG A/W SMT. B.P. RADHA, AGA FOR R1 SRI. H.C. SHIVARAMU, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 14.09.2023 BEARING NO. MAM.V.MA/SIBBANDI/HO.GU.NAN/219/2023-24 ISSUED BY MANDYA UNIVERSITY MARKED AS ANNX-H BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER AS JUNIOR ASSISTANT IN THE MANDYA UNIVERSITY WITH MINIMUM WAGES AND ALL THE BACK WAGES AND CONSEQUENTIAL BENEFITS. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. These writ petitions are filed by the petitioners challenging the order dated 14.09.2023 vide - 6 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 Annexure - R in W.P.No. 27276 of 2023 and Annexure - H in W.P.No.7427 of 2025. 2. The brief facts leading rise to the filing of these writ petitions are as follows: 3. It is the case of the petitioners that, the then Mysore University was having its area of operation over the colleges situated at Mandya District apart from other neighbouring districts. Karnataka State Universities Act, 2000 was amended by the Karnataka State Universities (Amendment) Act, 2019. As per the said Amendment Act, Government College, Mandya, was taken away from the jurisdiction of Mysore University and declared it as a Mandya University. It was not affiliating University with territorial jurisdiction extending over the Government Colleges (autonomous), Mandya only. By a notification dated 10.10.2022, the Karnataka State Universities Act, 2000 was further amended by Karnataka State Universities (Amendment) Act, 2022 under which - 7 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 Mandya University was converted to cluster university. 4. Mandya University started functioning from the academic year 2019-20. Mandya university was conducting the undergraduate courses in B.A, B.Com, B.Sc., etc and was also conducting the PG courses. To meet the academic and administrative work of the University, the then Special officer was appointed the several temporary teaching and non- teaching staff on a consolidated pay on a temporary basis from time to time depending on the work load. 5. The State Government issued a communication dated 06.11.2019 directing the Mandya University to stay the appointment of 15 non-teaching staff out of 40, without specifying particular names apprehending termination. Similarly placed petitioners filed a writ petition in WP No. 52125 of 2019 and WP No. 52710 of 2019 challenging the said communication. This court, vide order dated 17.08.2020 disposed of the - 8 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 said writ petitions holding that the said communication issued by Government was in the nature of only interim order and hence directed the Government to pass the final order after hearing the said employees. 6. The petitioners filed a writ appeal in WA No. 454 and 455 of 2020. The writ appeals came to be dismissed. Government issued a notice to the petitioner and others to file their objections. Accordingly, the petitioners filed their objections. The petitioner continue to work as Junior Assistant. On 24.08.2021, Government, without hearing the petitioners and others, passed an order directing the university to discharge the petitioners and others from their services. The petitioners aggrieved by the said order, preferred a writ petition in W.P.No.17320 of 2021. 7. This Court vide order dated 30.06.2023 allowed the writ petition and set aside the order of discharge of the petitioners and others therein and directed the - 9 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 respondents to reconsider the matter. Pursuant to the order passed by this Court in WP No. 17320 of 2021, the University issued a communication dated 14.09.2023 holding that it is not possible to continue the services of the petitioners and others. Hence, on these grounds, prays to allow the writ petitions. 8. The University filed a statement of objections contending that the relief sought by the petitioner is not maintainable in the eye of law and it is contended that the appointment order or approval cannot be made by these respondents without the prior approval of the third respondent and further respondents 1 and 2 have to follow the UGC guidelines and also get the Government approval regarding the reservation policy. The appointment of the petitioners at very inception of the establishment of the respondent University by the then Special officer was not authorized to appoint either temporarily or on daily wages or on consolidated - 10 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 wages. In the absence of sanction opposed by the third respondent that too for a term the petitioners were appointed cannot have a legal right under the law to seek a direction to the respondent university to continue their services in their respective posts as their term is over by 2021, admittedly, which was extended due to Corona, as per the direction of the third respondent till 2021 only. Thus, the petitioners have no valid legal right to question the validity or otherwise of the order under challenge. Hence, on these grounds, prays to dismiss the writ petitions. 9. Heard the learned counsel for the petitioners and learned counsel for respondent Nos.1 and 2 and learned Additional Government Advocate. 10. Learned counsel for the petitioners submits that similarly placed petitioners have filed the writ petition in WP No. 11057 of 2024. This Court vide order dated 28.04.2025 allowed the writ petition in part and directed the respondent No.3 to continue - 11 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 the services of the petitioners therein instead of replacing them by out source employees and also continue to pay the salary to them from the date of their continuation and this arrangement shall continue till such time, the respondent No.3 takes steps for regular recruitment, in which event, the petitioners shall be given benefit for their service only insofar as it relates to relaxation of age is concerned and the continuation of the petitioners in the respondent No.3 shall be given effect within a period of one month from the date of receipt of certified copy of the order. He submits that the petitioner is also entitle for the same benefits. Hence, he prays to dispose of the writ petitions in terms of the order passed by the co-ordinate bench in WP No.11057 of 2024. 11. The learned counsel for the petitioner submits that the respondent University before passing an impugned order, no personal hearing was provided to - 12 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 the petitioner. The impugned order passed by the University is in violation of principles of natural justice. Hence on these grounds, he prays to allow the writ petitions. 12. Per contra, learned counsel for the University submits that the co-ordinate bench of this Court while disposing the writ petition in W.P.No.17320 of 2021, disposed of on 30.06.2023 did not direct the University to give an opportunity for personal hearing. In view of the same, the University has not provided an opportunity of hearing to the petitioners. He submits that if the court comes to a conclusion that the impugned order is in violation of principle of natural justice, liberty be reserved to the university to pass an appropriate order for providing an opportunity of personal hearing. Hence, on these grounds, he prays to dispose of the writ petitions. 13. Learned Additional Advocate General adopts the arguments of the learned counsel for the University. - 13 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 14. Perused the records and considered the submissions of the Learned counsel for the parties. 15. It is undisputed that the petitioners were appointed in the respondent University on a temporary basis by the then Special Officer of the Mandya University. Some of the similarly placed employees apprehending that they may be terminated from the service in WP No. 52125 of 2019 and WP No. 52710 of 2019. The same were disposed of by this court with a direction to the Government to pass the final order. The Government issued notice to the petitioners therein to show cause why their services should not be terminated. The petitioners therein filed the objections. The Government Passed an order dated 24.08.2021 vide Annexure-K. The petitioners aggrieved by the said order, approached this Court and filed WP No. 17320 of 2021. This court vide Order dated 30.06.2023, set aside the order and directed the respondents to take a decision in the - 14 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 matter relating to the petitioners therein within an outer limit of 4 weeks from the date of receipt of the order. 16. Pursuant to the order passed by this Court in WP No. 17320 of 2021, the respondent University has passed an impugned order dated 14.09.2023. From the perusal of the impugned order the university has not provided any opportunity of personal hearing to the petitioners. Thus, the impugned order passed by the respondent university is in violation of the principle of natural justice. 17. I would like to place a reliance on the judgment of the Hon'ble Apex Court in the case of MANEKA GANDHI VS. UNION OF INDIA reported in 1978 (2) SCR 621, wherein the Hon'ble Apex Court held that substantive and procedural laws and action taken under them will have to pass the test under Article 14. The test of reason and justice cannot be abstract. They cannot be divorced from the needs of nation. - 15 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 The tests have to be pragmatic otherwise they would cease to be reasonable. The procedure prescribed must be just, fair and reasonable even though there is no specific provision to be taken against an individual, which affects the right of that individual. The duty to give reasonable opportunity to be heard will be implied from the nature of the function to be performed by the authority. It is thereby conclusively held by the Hon'ble Apex Court that principles of natural justice are part of Article 14 and procedure prescribed by law must be just, fair and reasonable. 18. The power to terminate the service of the petitioners, involves civil consequences and therefore, the procedure contemplated ought to have been followed by the respondent university. The nature and extent of adhering to the principles of natural justice depends upon the facts and circumstances, but at the same time, it is also well accepted that the principles of law that principles of natural justice can - 16 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 be read into a provision, unless applicability of such principles of natural justice is expressly or impliedly excluded. 19. The court cannot ignore the legislative mandatory requirement of giving a reasonable opportunity of being heard before an order is made. As observed above, the impugned order passed by the respondent univeristy was in violation of principles of natural justice. Hence, on these grounds alone, the impugned order dated 14.09.2023 is liable to be set aside. 20. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petitions are allowed. ii. Impugned order dated 14.09.2023 is hereby set aside. iii. Liberty is reserved to the university to pass appropriate order after providing an - 17 - HC-KAR NC: 2025:KHC:40035 WP No. 27276 of 2023 C/W WP No. 7427 of 2025 opportunity of hearing to the petitioners and pass appropriate order in accordance with law with an outer limit of three months from the date of receipt of a copy of this order. iv. All the contentions of the parties are kept open. v. In view of disposal of the writ petitions, the interlocutory applications, if any, would not survive for consideration and they stand accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV List No.: 1 Sl No.: 9