- 1 - HC-KAR NC: 2025:KHC:52944 WP No. 18535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.18535 OF 2025 (S-RES) BETWEEN: 1. DR RAJ MOHAN B, S/O LATE BALAKRISHNAN D, AGED ABOUT 49 YEARS, WORKING AS PROFESSOR, DEPT. OF CHEMICAL ENGINEERING, NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA, SURATKAL, AND R/AT NO.601, TYPE 5, SHRUTHI APARTMENTS, NITK CAMPUS, SRINIVASANAGAR POST, SURATKAL, DAKSHINA KANNADA DISTRICT- 575 025. …PETITIONER (BY SRI.NARAYANA BHAT M., ADVOCATE) AND: 1. NATIONAL INSTITUTE OF TECHNOLOGY, KARNATAKA, SURATHKAL REP. BY ITS REGISTRAR, NITK SURATHKAL, SRINIVASANAGAR POST, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52944 WP No. 18535 of 2025 SURATHKAL, DAKSHINA KANNADA - 575 025. 2. THE SELECTION COMMITTEE, REPRESENTED BY ITS CHAIRMAN AND DIRECTOR, NITK SURATHKAL, SRINIVASANAGAR POST, SURATHKAL, DAKSHINA KANNADA - 575 025. …RESPONDENTS (RESPONDENTS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING A MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER HIS APPLICATION MADE ON 06.11.2024 IN ON-LINE MODE IN THE WEB PORTAL OF R-1 PRODUCED AT ANNX-H AND FURTHER DIRECT THEM TO PROMOTE THE PETITIONER TO THE POST OF PROFESSOR - HAG LEVEL 15 BY CONSIDERING HIS APPLICATION PRODUCED AT ANNX-H AND THE ELIGIBILITY LIST DRAWN AS PER ENCLOSURE TO ANNX-J1 FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:52944 WP No. 18535 of 2025 ORAL ORDER The petitioner has filed this Writ Petition seeking a Mandamus directing the respondents to consider the application submitted on 06.11.2024 in online mode in the Web Portal of respondent No.1 vide Annexure-H. 2. Brief facts leading rise to the filing of the Writ Petition are as follows: The petitioner was selected and appointed as a Lecturer in Karnataka Regional Engineering College, Surathkal (presently NITK, Surathkal) on 20.10.2000, and he was promoted as a Senior Lecturer on 20.10.2005. He was selected and appointed as an Assistant Professor in 2008, as he had acquired Ph.D. from IIT Kharagpur in 2008 itself. In 2018, the petitioner was selected and appointed as Professor in NITK in Level 14A, Pay Band-4. The Government of India issued a notification in 2019, prescribing the requirements for grant of pay up-gradation as Professor Higher Administrative Grade (HAG) 15 level - 4 - HC-KAR NC: 2025:KHC:52944 WP No. 18535 of 2025 (HAG) Revised earlier 2013. In 2024, the petitioner found eligible for grant of the said (HAG) 15 level as a Professor level 15. The petitioner submitted an application through online. The respondents did not pass any orders and did not accepted the application filed by the petitioner through online. Hence, this Writ Petition. 3. Despite the service of notice, the respondents remained unrepresented. 4. Heard the learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that the petitioner was appointed as a Professor in 2018. Meanwhile, during 2019 the Government of India issued a notification prescribing the requirements for grant of pay up-gradation as a Professor Higher Administrative Grade. The petitioner claims to be eligible for the said (HAG) 15 level and satisfied the prescribed criteria after mapping of the qualification. The petitioner submitted an application through online. The respondents have not considered the - 5 - HC-KAR NC: 2025:KHC:52944 WP No. 18535 of 2025 application submitted by the petitioner. The respondents either could have accepted or could have rejected the said application, but has not passed any order on the said application. Hence, on this ground, prays to allow the Writ Petition. 6. Perused the records and considered the submissions of the learned counsel for the petitioner. It is an undisputed fact that the petitioner was appointed as a Professor and he has submitted an application through online claiming that the petitioner is eligible for grant of pay up-gradation to 15 level (HAG). In spite of submitting the representation, the respondents neither considered nor rejected the said application. The application filed by the petitioner is pending for consideration. Though the application was submitted on 06.11.2024, even after lapse of one year, the respondents have not considered the application dated 06.11.2024. When an application is filed, it is the legal duty and the obligation on the part of the respondents to, either consider or reject the said - 6 - HC-KAR NC: 2025:KHC:52944 WP No. 18535 of 2025 application. Keeping the application in pending is not proper on the part of the respondents. In view of the above discussion, I proceed to pass the following order. 7. The Writ Petition is disposed of directing the respondents to consider the application of the petitioner dated:06.11.2024 vide Annexure-H, through online mode, in Web Portal of respondent No.1 and pass an appropriate order in accordance with law within eight weeks from the date of receipt of the copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE MRP List No.: 1 Sl No.: 38