- 1 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24643 OF 2025 (S-PRO) BETWEEN: DR. BABITHA B.M, ASSOCIATE PROFESSOR, AGED ABOUT 58 YEARS SSMRV COLLEGE, NO.17, 26TH MAIN, 36TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041 KARNATAKA. …PETITIONER (BY SRI. N.S. SRIRAJ GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, 6TH FLOOR, M.S. BUILDING, BENGALURU - 560 001, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE COMMISSIONER THE DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU - 560 001. 3. THE JOINT DIRECTOR, (REGIONAL OFFICE) THE DEPARTMENT OF COLLEGIATE EDUCATION, KALIDASA ROAD, BENGALURU - 560 009. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 4. RASHTRIYA SIKSHANA SAMITHI TRUST (NON PROFIT CHARITABLE TRUST MANAGING RASHTREEYA VIDYALA (RV) EDUCATIONAL INSTITUTION) RV TEACHERS COLLEGE BUILDING, 15, ASHOKA PILLAR ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011 REPRESENTED BY ITS SECRETARY. 5. SSMRV COLLEGE 17, 36TH CROSS, 26TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041 REPRESENTED BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R3; SRI. SOMASHEKAR, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R4 AND R5 TO ISSUE AND ORDER, FOR PROMOTION OF THE PETITIONER UNDER THE CAREER ADVANCEMENT SCHEME-PLACEMENT FROM ASSOCIATE PROFESSOR TO PROFESSOR, FORTHWITH, BY CONSIDERING THE REPRESENTATION ISSUED BY THE PETITIONER, ON 30.06.2025 (ANNEXURE-N). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 ORAL ORDER In this petition, the petitioner has sought for the following reliefs: “1) Issue a writ of mandamus or any other writ as this Hon'ble Court may deem fit, by directing Respondent Nos.4 and 5 to issue an order, for promotion of the Petitioner, under the Career Advancement Scheme-Placement from Associate Professor to Professor, forthwith, by considering the representation issued by the Petitioner, on 30.06.2025. (Annexure N) 2) Pass any further order or orders as this Hon'ble Court may deem fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 to 3, learned counsel for respondent No.4 and 5 and perused the material on record. 3. A perusal of the material on record will indicate that on 09.02.2020, respondent passed the following resolution vide Annexure G. "RV EDUCATIONAL INSTITUTIONS Rashtreeya Sikshana Samithi Trust Extract of the proceedings of the meeting of the Board of Trustees of Rashtreeya Sikhana Samithi Trust held on 9 February 2020, Sub No.382 :- - 4 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 To peruse the Operational Orders No. DCE/Rob/int-1/Backlog info./230/2017-28 dated 27.01.2020 received from Regional Joint Director of Collegiate Education, Dept. of Collegiate Education, Govt. of Karnataka addressed to the Principal, NMKRV College for Women, informing that if the Teaching & Non-Teaching backlog vacancies are not filled within 2 months, action will be taken by them to withdraw the salary of the Principal. Further, a decision is to be taken by KSST whether to fill up the vacancies or not (copies of the letters received from Govt. and translation of the same are enclosed) Resolution:- The Trustees perused the Operational Orders received from Joint Director of Collegiate Education, Regional Office, Bengaluru, addressed to the Principal, NMKRV College for Women, with regard to the action to be taken to fill up the vacancies of Teaching & Non Teaching Backlog posts. The Hon. Secretary appraised the Members of the present status of Aided Institutions specially our Degree Colleges viz. NMKRV College for Women and SSMRV Degree College. After discussion, the following Resolutions were passed:- 1) It was resolved to surrender all existing vacant but approved aided posts in our NMKRV College for Women and SSMRV Degree College as also to surrender approved aided posts as and when arises owing to death/resignation/voluntary retirement/superannuation etc. 2) Further it was resolved to request the Department of Collegiate Education to transfer the existing vacant but approved aided posts to any other needy colleges as also to transfer approved aided posts to other needy college as and when vacancy arises owing to death/resignation/voluntary retirement/superannuation, etc., in respect of our Degree Colleges viz. NMKRV College for Women, III Block, Jayanagar and SSMRV Degree College, IV T' Block, Jayanagar, Bengaluru. The Hon. Secretary was authorised to inform the Department accordingly. - 5 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 Hon. Secretary Rashtreeya Sikshana Samithi Trust II Block, Jayanagar, Bengaluru -560011" 4. Subsequently, vide Annexure J, respondent promoted four persons to the respective posts as can be seen from the said proceedings which are as under: "RV Educational Institutions SIVANANDA SARMA MEMORIAL RV COLLEGE UG, PG PROGRAMMES AND RESEARCH CENTRE Affiliated to Bengaluru Central University Accredited by NAAC with 'A' Grade RANKED AMONG TOP 5 COLLEGES IN INDIA India Today -MDRA Survey 2018, 2019
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ಂದ $UಾರಸುV(ಾ&ರು@ೆ"ೕEೆ. ತತVಂಬಂಧEಾX ಆಡತ ಮಂಡಯ ಾಯದ$ಯವರು ಸಹ $UಾರಸುV (ಾಡಾXKೆ. Sl.N o. Name Designation Signature with Seal 1. Dr. R.K. Ramesh Babu Joint Director Collegiate Education Sheshadri Road, Bengaluru 2. Dr. Maya.C. Department of Botany, Jnanabharathi University Nominee Bangalore University Bengaluru 3. Smt. Jagadhamba Associate Professor National College Basavanagudi Bengaluru 4. Dr. S. Anil Kumar Principal SSMRV College Jayanagar, Bengaluru IV SUMMARY OF API SCORE FOR THE YEAR 2012-13, 2013-14, 2014-15 Academic year Total API Score for assessment period API Score allotted by college level committee Remarks API Scoring Sl. No Criteria Self Appraisal for previous period 2012-13 2013-14 2014-15 1. Teaching learning and Evaluation Related Activities 120 125 120 365 342 - 7 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 Total Max.Score- 50 Min.Scores required-75 2. Co curricular Extension, Professional Development Total Max. Score- 50 Min Scores required 15 35 30 35 100 102 3 Research and Academic Contribution For stage 1 to 2 min.5/year For stage 2 to 3 min.10/year For stage 3 to 4 min.15/year 30 30 30 90 92 Enclose list of essential documents: (only one set) I certify that the information provided is correct Signature of the faculty with seal I certify that the information provided is correct as per the records available with the college and / or documents enclosed along with the duly filed PBAS proforma." 5. It is the grievance of the petitioner that despite being similarly/identically situated to the aforesaid four persons and submission of representation at Annexure - N dated 30.06.2025, respondents have rejected the representation only on the ground that the petition in WP.29007/2023 is pending before this Court. In this context, learned counsel would point out that said WP.29007/2023 has been disposed of by this Court vide order dated 06.03.2026 and as such, there is no impediment for the respondents to reconsider the representation at Annexure - N - 8 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 submitted by the petitioner in the light of Annexures - H and J as expeditiously as possible. 6. Per contra, learned counsel for the respondent submit that the petitioner is not in employment with the respondent from 05.03.2025 and as such, she is not entitled for any relief in the present petition. 7. As rightly contended by the learned counsel for the petitioner, a perusal of the communication at Annexure - P dated 16.07.2025 will indicate that the sole ground on which respondent have refused to consider request of the petitioner for promotion under Carrier Advancement Scheme – Placement from Associate Professor to Professor is by referring to the pendency of WP.29007/2023 before this Court. However, having regard to the undisputed fact as borne out from the material on record that the aforesaid WP.29007/2023 stood disposed of as on 06.03.2026, I am of the view that there is no impediment for the respondent to reconsider the representation at Annexure N dated 30.06.2025 submitted by the petitioner in the light of Annexures - H and J and in accordance with law within the stipulated time frame. - 9 - HC-KAR NC: 2026:KHC:24362 WP No. 24643 of 2025 8. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The copy of the reply dated 16.07.2025 issued by respondent No.5 to the representation dated 30.06.2025 issued by the petitioner at Annexure-P is hereby quashed. (iii) Respondents are directed to re-consider the representation at Annexure-N dated 30.06.2025 and take appropriate decision / pass appropriate orders in accordance with law bearing in mind Annexures H and J referred to supra within a period of two weeks from the date of receipt of copy of this order. (iv) Liberty is reserved in favour of the petitioner to avail such remedy as available in law including approaching this Court subsequently upon the respondents taking appropriate decision/passing appropriate order as stated supra. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH:List No.: 1 Sl No.: 35