- 1 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 6366 OF 2024 (S-RES) BETWEEN: DR. YOGESH L N S/O NEELAGIRI L AGED ABOUT 43 YEARS ASSISTANT PROFESSOR, DEPARTMENT OF GENETICS AND PLANT BREEDING COLLEGE OF AGRICULTURE, NAVILE SHIMOGGA - 577204 …PETITIONER (BY SRI. NARENDRA S., ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY AMBEDKAR BEEDI BENGALURU-560001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 2. THE ADMINISTAR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURE SCIENCE SHIVAMOGGA 3. THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCE OF RAICHUR, POST BOX NO 329, RAICHUR - 584102 …RESPONDENTS (BY SMT. B.SUKANYA BALIGA, AGA FOR R1, SRI THYAGARAJA.S, ADV. FOR R2) THIS WP IS FILED PRAYING TO QUASH THE ORDER PASSED BY THE R2 VIDE ORDER DATED 12.9.23, BEARING NO. K.C.N.K.T.V.V.C/A.S/1058/2023-24 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 ORAL ORDER The petitioners have filed this writ petition seeking for the following reliefs: i. Issue a writ of certiorari or any other appropriate writ, direction or order to quash the order passed by the second respondent vide order dated 12.09.2023, bearing No.K.C.N.K.T.V.V.C/A.S/1058/2023-24 as per Annexure-A. ii. Consequently, to pass an order directing the 2nd respondent to consider the representation dated 31.08.2023 as per Annexure-G seeking promotion for the post from Assistant Professor to (Academic Level 12) to Associate Professor to (Academic Level 13) Genetics and Plant Breeding. iii. Grant such other or further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, including the cost of this proceedings, in the interest of justice. - 4 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner is a holder of Master Degree (Agriculture) in the field of Genetic and Plant Breeding and is a Doctorate in Genetics and Plant Breeding, having completed his PhDat. Respondent No.3 invited applications from the eligible candidates for the post of Assistant Professor Genetics and Plant Breeding. Pursuant to the selection process the petitioner was selected and appointed as Assistant Professor Genetic and Plant Breeding. During the subsistence of his employment at respondent No.3 -University, respondent No.2 issued a notification dated 24.01.2019, inviting the applications for the post of Assistant Professor Genetics and Plant Breeding from the eligible candidates. The petitioner applied for the said post through proper channel and respondent No.2 after due scrutiny accepted the application of the petitioner and the - 5 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 petitioner was selected and an appointment order was issued on 14.01.2023. The petitioner is working in respondent No.2-University since from 14.01.2023. The petitioner, having completed 12 years of service, being eligible, had made a representation on 31.08.2023 to respondent No.2-University requesting respondent No.2- University to promote him as Associate Professor Genetics. Respondent No.2-University issued an endorsement dated 12.09.2023 vide Annexure-A refusing to promote the petitioner on the ground that his probation period was not declared. Hence, this writ petition. 3. Respondent No.2-University filed a statement of objections admitting the appointment of the petitioner as an Assistant Professor of Genetics and Plant Breeding. It is also contended that the petitioner has submitted a representation for promotion. The said representation was rejected on the ground that the - 6 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 probation of the petitioner was not declared. Thus, the endorsement issued by respondent No.2 is in accordance with law. Hence, prays to dismiss the writ petition. 4. Heard the arguments of the learned counsel for the petitioner and also the learned counsel for respondent No.2-University. 5. The learned counsel for the petitioner submits that the appointment of the petitioner in respondent No.2-University is undisputed and he submits that the petitioner had rendered service for more than 12 years and the petitioner is eligible for promotion and submitted representation to respondent No.2-University requesting to promote him as a Associate Professor. He also submits that during the pendency of this writ petition, his probation period has been declared and he has produced the copy of the order declaring his - 7 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 probation. He submits that in view of the subsequent developments, respondent No.2-University may be directed to reconsider the representation of the petitioner for promotion. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, the learned counsel for respondent No.2 submits that the petitioner has submitted a representation requesting for promotion, but as on the date of submitting a representation, his probation period was not declared. Hence, for the said reason, respondent No.2 rejected the representation of the petitioner by issuing impugned endorsement. The impugned endorsement issued by respondent No.2 is in accordance with law. He submits that in view of the declaration of probation declared, respondent No.2 would reconsider the representation of the petitioner and pass an appropriate order in accordance with law. - 8 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 Hence, on these grounds, he prays to dispose off the writ petition. 7. Perused the records and considered the submissions of the learned counsel to the parties. 8. It is an undisputed fact that the petitioner was appointed as an Assistant Professor of Genetic and Plants Bleeding in respondent No.3 subsequently in respondent No.2-University, and he had rendered a service for more than 12 years. The petitioner has submitted a representation with a request to respondent No.2-University to promote the petitioner from the post of Assistant Professor to Associate Professor. Respondent No.2 issued an endorsement stating that the probation period of the petitioner was not yet declared. During the pendency of this writ petition, respondent No.2 declared the probation of the petitioner vide order dated 15.09.2025. The copy of the order passed by respondent No.2-University vide a memo - 9 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 dated 31.10.2025. From the perusal of the said record, it discloses that the probation of the petitioner was declared. Respondent No.2 has rejected the representation of the petitioner only on the ground that his probation was not declared, but in view of the subsequent development, the representation of the petitioner requires reconsideration by respondent No.2. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 12.09.2023 passed by respondent No.2 vide Annexure-A is hereby set aside. iii. Respondent No.2 is directed to reconsider the representation of the petitioner and pass an appropriate order in accordance - 10 - HC-KAR NC: 2025:KHC:43791 WP No. 6366 of 2024 with law within eight weeks from the date of receipt of the copy of this order. iv. Pending applications, if any, stand disposed off, accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB