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2026 DAILYLAW 14261 (KAR)

SRI RAMAKRISHNA REDDY D v. THE STATE OF KARNATAKA

WP/12602/2020 · 2026-02-25

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 12602 OF 2020 (S-KSAT) BETWEEN: 1. SRI RAMAKRISHNA REDDY D., S/O VIRUPAKSHA REDDY D., AGED ABOUT 44 YEARS, R/AT NO.135, VIRANNA TEMPLE VETERINARY HOSPITAL B.M. SUGURU, SIRAGUPPA TALUK BELLARY DISTRICT - 583 114. 2. SMT. SHREEDEVI NAIK D/O. PANDURANGA AGED ABOUT 36 YEARS, R/AT TULASIRAMA NIVASA SAJJANA LAYOUT, ADARSHA NAGAR BIJAPURA - 586 103. 3. SRI DAYANAND S/O BHIMANNA AGED ABOUT 43 YEARS, R/AT BAWGE BUTTEGALLI AURAD B. TALUK BIDAR - 585 326. 4. SRI AMIT KUMAR REDDY S/O ANANTA REDDY AGED ABOUT 36 YEARS, R/AT NO.6-2-139/270 MANIL NAGAR, NEAR I.T.I COLLEGE Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 RAICHUR - 584 101. …PETITIONERS (BY SRI NARASI REDDY G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION (COLLEGIATE) M.S. BUILDING BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU - 560 012. 3. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION 2ND FLOOR, DTE BUILDING, PALACE ROAD BENGALURU - 560 001. 4. SMT. B. MAHA DEVI W/O DILIP KUMAR AGED ABOUT 44 YEARS, R/AT NO.17-5-311 MAHESH NAGAR MANHALLI ROAD, BIDAR - 585 403. …RESPONDENTS (BY SRI K.R. RAJENDRA, AGA FOR R1 & R3; SRI K.M. PRAKASH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE IMPUGNED ORDER OF THE KAT DATED 06.01.2020 PASSED IN APPLICATION NO.1609-1613/2019 VIDE ANNEXURE-K AND ETC,. - 3 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This petition by the unsuccessful applicants questioning the order dated 06.01.2020 in Application Nos.1609-1613/2019 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal') rejecting their prayer to consider the representations submitted on 04.01.2019 and 15.12.2018 (Annexure-A11 and A12) and to issue orders of appointment to them in terms of final selection list dated 04.02.2017 (Annexure-A6) and to grant them all consequential benefits. 2. Heard Sri G. Narasi Reddy, learned counsel for the petitioners; Sri K.R. Rajendra, learned Additional Government Advocate for respondent Nos.1 and 3, and Sri K.M. Prakash, learned counsel appearing through video conference for respondent No.2 and perused the entire writ petition papers. - 4 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 3. The brief facts of the case are that, the petitioners claiming that they possess qualification of Master's Degree and Ph.D., applied to the post of Assistant Professors in different subjects in pursuance to the Notification dated 22.01.2015. The petitioners participated in the selection process and they were also called for document verification. Subsequently, their names were included in the Provisional Selection List dated 06.12.2016, and on 04.02.2017, Final Selection List of Assistant Professors was published, wherein all the five petitioners were selected with a remark that their selection is subject to verification of Ph.D. certificates in accordance with Government Order dated 14.10.2014. 3.1 It is stated that on 10.11.2017, one Ramesh Babu gave a complaint against 23 candidates including the petitioners' that they had produced fake Ph.D. certificates and participated in the selection process. To verify the genuineness of the Ph.D. certificates produced by the petitioners which they had obtained from CJM University, Meghalaya, the State Authorities sent separate teams to the universities from which the petitioners are said to have obtained Ph.D. certificates and - 5 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 got verified the certificates. The report of the teams which were sent to verification submitted a report stating that the Ph.D. degree obtained by the petitioners' are fake and fabricated. 4. The university had also confirmed that the Ph.D. certificates produced by the petitioners are fake and not issued by those universities. In that circumstances, the order dated 10.11.2017 came to be passed by the State Government in Education Department by deleting the names of 23 candidates including the petitioners stating that the Ph.D. certificates produced by them are fake. The said Government Order would also debar 23 candidates from participation in any future employment process of the State Government in exercise of Rule 20 of the Karnataka Civil Services (General Recruitment) Rules, 1977. 5. The petitioners filed Applications before the Tribunal seeking for a Writ of Mandamus to consider their representation and also seeking for directions to issue orders of appointment in pursuance to Selection List dated 04.12.2017. The Tribunal vide impugned Order has rejected the applications filed by the - 6 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 Petitioners herein. Challenging the Order of the Tribunal, the present Writ Petition is filed. 6. Sri G. Narasi Reddy, learned counsel appearing for the petitioners vehemently submits that on the complaint filed by the State Authorities, the Police Authorities had taken up investigation and the investigation report of the police would indicate that the Ph.D. certificates produced by the petitioners are genuine. It is submitted that the respondent-authorities, without taking into consideration the police report, have erroneously deleted the names of the petitioners from the final select list. Further, learned counsel would submit that the Tribunal failed to consider any of the contentions raised by the petitioners and dismissed the application of the petitioners. 6.1 Further, learned counsel would submit that in the present writ petition, the petitioners have amended the writ petition to challenge the Government Order dated 10.11.2017 by which the petitioners' candidatures were deleted from the Final Selection List. - 7 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 7. Learned AGA Sri. K R Rajendra for Respondent No.1 and 3 as well as Learned Counsel Sri. K M Prakash on the other hand would submit that the Tribunal has rightly rejected the prayer of the petitioners and the same needs no interference. It is submitted that the 3 member Committee constituted by the Higher Education Council has come to the conclusion that the petitioner have produced fake and fabricated certificates in the selection process and hence, the Government Order dated 10.11.2017 came to be passed. It is further submitted that merely because the petitioners’ names have been dropped from the charge sheet, does not given the petitioners’ a right to be included back in the select list, especially after the 3 member committee came to the conclusion that the degrees produced by the Petitioners are fake. Thus, it is prayed that the Writ Petition be dismissed. 8. Having heard the learned counsel for the parties and on perusal of the entire Writ Petition papers, we do not find any reasons to interfere with the Tribunal’s Order for the following reasons: - 8 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 9. The selecting authority i.e., respondent No.3 deleted the names of the petitioners from the final selection list based on the report submitted by the Committee, which was appointed to verify the genuineness of the Ph.D. certificates produced by the petitioners. The impugned order would indicate that the committee visited the university that is situated in Meghalaya and has submitted a report stating that the documents with regard to educational qualification certificates submitted by the petitioners are fake. The recruitment is being made to the post of Assistant Professor in the Education Department, where Assistant Professors are imparting education; the persons like petitioners who at the entry level itself have produced fake documents to get the employment cannot be entertained. The petitioners, having not challenged the same before the Tribunal, could not challenge the same before this Court. 10. In pursuance to the confirmation by the Universities as well as the report of the Committee, a Government Order dated 10.11.2017 came to be passed, which removed the names of the petitioners from the Selection List and it debarred - 9 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 the petitioners from participating in any future employment process of the State Government. Without questioning the said Government Order, the petitioners approached the Tribunal only seeking for a mandamus to consider their representation and also seeking for a direction to issue orders of appointment in pursuance to the selection list dated 04.02.2017. The Tribunal, under the impugned order, rightly rejected their application by placing reliance on its earlier order dated 18.09.2017 in Application No.676/2017 and connected applications. In the said applications, the Tribunal at paragraph 10 recorded its finding for dismissing the applications which reads as follows: "10. The official respondents have taken great pains to get the Ph.D certificates produced by the applicants verified from the concerned universities. The 1ST respondent had even written to the concerned Secretary of the Higher Education Department of the other States from where the applicants have stated to have obtained the Ph.D degrees. It is to be noted that all the applicants have obtained the Ph.D degrees from Universities located outside Karnataka. It is also to be noted that the KEA had also written to the KSHEC to get the Certificates verified by deputing the officers and accordingly the officers have been deputed to various Universities to verify the genuineness of the Ph.D Certificates issued by various Universities located outside the State. Based on the report of the Officers deputed to verify Ph.D certificates issued by the other Universities located outside the State, the KSHEC has written to the KEA that the Ph.D Certificates produced by the applicants and some other candidates are fake. - 10 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 Hence, the KEA has cancelled the candidature of the applicants for the post of Assistant Professors in the respective subjects. We are not inclined to interfere in the decision taken by the KEA in view of the fact that the KEA has taken such decision of cancellation of their candidature only after getting sufficient evidence to the effect that the Ph.D Degree certificates produced by the applicants are fake. This Tribunal cannot decide the genuineness or otherwise of the certificates produced by the applicants. It is for the concerned authority to decide the matter and we are satisfied that the KEA has taken due care and diligence while cancelling the candidature of the applicants. We do not find any merit in the application and hence they are liable to be rejected." 11. The petitioners having failed to challenge the said government order cannot be permitted to challenge the same before this Court at this length of time. The petitioners have placed reliance on the decision of the Hon'ble Supreme Court in Union of India and others vs. Rajesh P.U., Puthuvalnikathu and another reported in [(2003) 7 SCC 285] to state that the cancellation or deletion of the names of the petitioners from the final selection list is illegal. 12. We have gone through the said decision and the said decision in fact, would not in any manner assist the petitioners. The decision would state that when there are a large number of selected candidates, it is unreasonable to cancel the entire list and it has been held that where it is - 11 - HC-KAR NC: 2026:KHC:12014-DB WP No. 12602 of 2020 possible to weed out those candidates against whom certain allegations or who have committed irregularities in the selection process, the entire selection process cannot be cancelled en bloc. 13. We do not find any merit in the writ petition and accordingly, writ petition stands rejected. Pending I.A's if any, stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 43