- 1 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 15842 OF 2021 (S-KSAT) BETWEEN: 1. SMT. SAVITRI TINNALURI, W/O SHRI H. P. PARTHASARATHY, AGED ABOUT 43 YEARS, R/AT NEAR NEELKANTHESWARA TEMPLE, WARD No.29, GADANG STREET, BELLARY - 583 102. …PETITIONER (BY SRI NEGLUR ARAVIND, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU - 560 001, REP. BY CHIEF SECRETARY. 2. DIRECTOR, PRE-UNIVERSITY BOARD, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012. 3. GOVT. OF KARNATAKA, DEPT. OF HIGHER EDUCATION, VIDHAN SOUDHA, BENGALURU 560 001. REP. BY ITS UNDER SECRETARY. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 4. KARNATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012, REP BY ITS SECRETARY/ EXECUTIVE DIRECTOR. 5. SHRI SUBHASH, MAJOR, FATHER'S NAME NOT KNOWN TO PETITIONER, R/AT NEAR BUS STAND, CHINCHOLLI 585 307, KALABURGI ALSO AT KONCHAVARM, CHINCHOLLI TALUK, KALABURGI DISTRICT - 585 307. Also, R/AT KONCHAVARAM CHINCHOLI TALUK KALABURAGI DISTRICT-585307 6. UNIVERSITY GRANTS COMMISSION (UGC) (MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF INDIA) BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. [Amended vide Court order dated 02.11.2023] …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R3; SRI N.K. RAMESH, ADVOCATE FOR R4; SRI RAJARAM T., ADVOCATE FOR R5; SMT. D.J. NIREESHA, ADVOCATE FOR SRI H.R. SHOWRIT, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS OF THE ANNEXURE-M SELECTION LIST AND STAYING ALL FURTHER PROCEEDINGS WITH RESPECT TO THE APPOINTMENT OF R5 TO THE POST OF THE TELEGU LECTURER and QUASH THE ORDER PASSED BY THE TRIBUNAL IN ITS ORDER DATED 05.05.2021 IN APPLICATION NO.43/2020 WHICH IS AT ANNEXURE-P TO THE WRIT PETITION ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Sri Neglur Aravind, learned counsel for the petitioner; Smt. B. Sukanya Baliga, learned Additional Government Advocate for respondents Nos.1 to 3; Sri N.K. Ramesh, learned counsel for respondent No.4; Sri T. Rajaram, learned counsel for respondent No.5; and Smt. D.J. Nireeksha, learned counsel for Sri H.R. Showri, learned counsel for respondent No.6. 2. The applicant in Application No.43 of 2020, challenging the order dated 05.05.2021 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as the ‘Tribunal’), is before this Court under Article 226 of the Constitution of India. 3. According to the averments, the petitioner, a Post Graduate from the University of Kakatiya, Warangal, Andhra Pradesh, filed an application for the post of Lecturer in Government PU College in the State of Karnataka pursuant to - 4 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 the Notification dated 08.05.2015. The petitioner was called for an interview; however, respondent No. 5 was selected as per the Provisional Selection List from the Hyderabad-Karnataka Region. The petitioner objected to the Provisional Selection List, contending that the Post Graduation of respondent No. 5 was from Karnataka State Open University (KSOU) for the academic year 2014-15, during which the University Grants Commission (UGC) had withdrawn its recognition of the University. It is further stated that the Government Order dated 05.03.2018, recognizing Post Graduate degrees for the academic years 2013-14 and 2014-15, is not applicable as on the date of the Notification dated 08.05.2015, as the de-recognition by the UGC was then in force. The Tribunal, however, rejected the application, holding that during the academic years 2013-14 and 2014-15, UGC recognition was in existence, and candidates who had passed such courses during the academic years were considered eligible for recruitment in terms of Government Order dated 05.03.2018. 4. Sri Neglur Aravind, learned counsel for the petitioner, submits that the validity of the Post Graduate qualification as - 5 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 on the last date of payment of fee is the relevant criterion. At that time, recognition of KSOU had been withdrawn by the UGC. He further contends that subsequent validation by Government Order dated 05.03.2018 could not retrospectively validate the Post Graduate degree. Learned counsel relied upon the judgment of the Hon’ble Supreme Court in Rakesh Kumar Sharma v. State (NCT of Delhi) and others, (2013) 11 SCC 58, to contend that the requisite qualification as on the last date of submission of the application alone is to be considered. 5. Smt. B. Sukanya Baliga, learned Additional Government Advocate for respondents Nos.1 to 3; Sri N.K. Ramesh, learned counsel for respondent No.4; Sri T. Rajaram, learned counsel for respondent No.5; and Smt. D.J. Nireeksha, learned counsel for Sri H.R. Showri, learned counsel for respondent No.6, justifying the order of the Tribunal, submit that respondent No. 5 had completed his Post Graduation in the year 2014-15, during which UGC recognition was in existence. They further submit that as on the date of the Notification, the UGC recognition was in force. Learned counsels contend that the - 6 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 recognition as on the date of the Notification is the relevant criterion and not the last date of payment of fee. 6. Having considered the submissions of learned counsel for the parties and upon perusal of the writ petition papers, we are not inclined to interfere with the order of the Tribunal for the reasons stated herein-below: (i) Respondent No. 5 completed his Post Graduation from KSOU in the academic year 2014-15. The Notification, inviting applications from eligible candidates for the post of Lecturer in Telugu, was issued on 08.05.2015. The UGC recognition of KSOU was cancelled with effect from 16.06.2015. However, prior to the cancellation of UGC recognition, respondent No. 5 had already completed his Post Graduation. The State, by its Government Order dated 05.03.2018, held that Post Graduate courses during the academic years 2013-14 and 2014-15 from KSOU are valid for purposes of education and recruitment. (ii) The judgment in Rakesh Kumar Sharma (supra) is not applicable to the facts of the present case, having regard - 7 - HC-KAR NC: 2025:KHC:36349-DB WP No. 15842 of 2021 to the existence of UGC recognition for the academic year 2014-15 and in light of the Government Order dated 05.03.2018, which held that Post Graduate degrees for the academic year 2013-14 are eligible for recruitment. We note that the petitioner has chosen not to challenge the validity of the Government Order dated 05.03.2018. In the absence of any challenge to the Government Order, it is not open to the petitioner to contend that the same has no application to the case of respondent No.5. 7. The Tribunal, having taken note of the above facts, held that the Post Graduate degree of respondent No. 5 was valid and eligible for recruitment. We find no error or illegality in the order of the Tribunal. 8. There is no ground to interfere with the order of the Tribunal. Accordingly, the writ petition is rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV, List No.: 1 Sl No.: 18