- 1 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27911 OF 2024 (S-RES) BETWEEN: 1. DR SHASHIKANTHA NAIK C R S/O RAMANAIK, AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 2. DR. SMRUTHI C RAJ W/O PRATEEK M JOIS, AGED ABOUT 35 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF OBG, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 3. DR. KUSHAL DS S/O D V SHREENIVAS, AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ORTHOPAEDICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 4. DR. SHIVAKUMAR G V S/O VIRUPAKSHAPPA G, AGED ABOUT 41 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ORTHOPAEDICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 5. DR SUNIL LINGARAJ AJAGANNANAVAR S/O L S AJAGANNNANAVAR, AGED ABOUT 38 YEARS, 5TH CROSS, 3RD MAIN, CHALUKYANAGAR, NEAR SUN CITY SCHOOL, SHIVAMOGGA - 577 205. 6. DR. G NAVEEN BHARAT S/O G.S. PRASAD, AGED ABOUT 40 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ORTHOPAEDICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 7. DR. SWATHI H.N. D/O NATARAJ H.R., AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF COMMUNITY MEDICINE, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. - 3 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 8. DR. HYALYAD SUNITA C PARASURAMAPPA D/O C PARASURAMAPPA, AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, DEPT OF PAEDIATRICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES SAGAR ROAD, SHIVAMOGGA - 577 201. 9. DR. ASHWINI M S W/O DR HARISHA H N, AGED ABOUT 39 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF OBG, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 10. DR. ANUSHA G.K. D/O KRISHNAMURTHY G. W/O PRASANTH PAI, AGED ABOUT 36 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF OBG, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 11. DR. VASANTH KUMAR D L S/O LAKKEGOWDA, AGED ABOUT 38 YEARS, ASSISTANT PROFESSOR, DEPT OF PAEDIATRICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. - 4 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 12. DR. SHILPA N. D/O H N NARAYANAPPA, AGED ABOUT 36 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF PATHOLOGY, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 13. DR. BHEEMARAYA S/O SHIVASHARANA, AGED ABOUT 42 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF PEDIATRICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 14. DR. AVINASH PATIL S/O APPASAHEB B PATIL, AGED ABOUT 41 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF COMMUNITY MEDICINE, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. 15. DR VIJAYALAKSHMI P. D/O P RAMARAO, AGED ABOUT 40 YEARS, ASSISTANT PROFESSOR, DEPT OF PEDIATRICS, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. - 5 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 16. DR. SRUSHTI R KANTA D/O REVAPPA KANTA, AGED ABOUT 41 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF OBG, SHIMOGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, SHIVAMOGGA - 577 201. …PETITIONERS (BY SRI. ADITYA R. CHAKAAGIRI, ADVOCATE FOR P5 SRI. G. NATARAJ, ADVOCATE FOR P1 TO P4 & P6 TO P16) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, ROOM NO.610, 6TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU - 01 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING) FORT, K.R. ROAD, BENGALURU - 560 002. 3. THE DIRECTOR, SHIVAMOGGA INSTITUTE OF MEDICAL SCIENCES, SAGAR ROAD, MISSION COMPOUND, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 AND R2 SRI. S.B. TOTAD, ADVOCATE FOR R3) - 6 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ENDORSEMENT DATED 20.05.2023 IN REFERENCE COMPUTER NO. 1022001 VIDE ANNEXURE-A AND THE ORDER DATED 10.01.2023 IN REFERENCE NO.SIMS/EST/25/2022-EST1/SIMS- SMG COMPUTER NO.748057/1224 VIDE ANNEXURE-B IN SO FAR AS GRANTING OF TIME BOUND PROMOTION WITH EFFECT FROM THE DATE OF ISSUANCE OF THE ORDER AS ILLEGAL ARBITRARY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seeks the following reliefs. "(a) Issue a writ in the nature of certiorari and set- aside the endorsement dated 20.05.2023 in reference No.².ªÉÊ.«.¸ÀA.²/DqÀ½vÀ-1/§.¥À.¸À/2023-24/315 SIMS / EST / 14/2023-EST-SIMS-SMG Computer No: 1022001 vide ANNEXURE-A and the order dated 10.01.2023 in reference no. SIMS/EST/25/2022-EST1-SIMS-SMG Computer No: 748057/1224 vide ANNEXURE-B, in so far as granting of Time Bound Promotion with effect from the date of issuance of the order as illegal arbitrary. Consequently, issue a writ of insofar as petitioner concerned directing the respondents to grant - 7 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 the Time Bound Promotion benefit to the petitioners from 14.12.2020, 14.11.2021, 22.12.2021, 23.12.2021, 11.01.2022, 17.03.2022 and 23.03.2022 respectively i.e, the date from which the petitioners have completed 5 years of service. (b) Pass any other writ order or direction that this Hon'ble Court deems fit in the case in the interest of justice and equity." 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that during the year 2015-16, the petitioners were appointed as Assistant Professor in the respondent No.3 - Institution. It is contented that pursuant to the Government Orders dated 16.12.2011 and 04.05.2020 issued by respondent No.1 - State Government, respondent No.3 issued a Circular dated 23.03.2022 calling for eligibility record of the petitioners for consideration of time bound promotion. In pursuance of which, the departmental promotional committee met on 29.07.2022 to consider their case for grant of time bound promotion, payment and accorded sanction for time bound promotion. - 8 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 4. It is the grievance of the petitioners that though they are entitled to a time bound promotion with retrospective effect from completion of five years, the respondent No.3 issued the impugned endorsements at Annexures - A and B, declining to grant them retrospective time-bound promotion, and granted them time- bound promotion only with prospective effect, which is contrary to the judgment of this Court in the case of Sri. Vijaykumar Mane Vs. The Principal Secretary and another1 at Annexure - R, in relation to Assistant Professors working in the Koppal Institute of Medical Sciences. It is therefore submitted that the present petition deserves to be allowed and the impugned endorsement deserves to be quashed in terms of the said judgment. 5. Per contra, learned counsel for respondent No.3 submits that the aforesaid order passed by this court in WP No.104788/2023 at Annexure - R has been challenged in WA No.100740/2023. He would however fairly submits that there is no interim order passed by the Hon'ble Division Bench in the said writ appeal. As rightly contented by the learned counsel for the 1 In WP.No.104788/2023 dated 27.09.2023 - 9 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 petitioner, in WP No.104788/2023 in Sri. Vijaykumar Mane (supra), the co-ordinate Bench of this Court held as under: "ORDER The petitioner is before this Court calling in question an order dated 21.07.2023, by which, the claim of the petitioner for time bound promotion from the date on which he completed 5 years of service has been turned down and has consequently sought for a direction by issuance of a writ in the nature of mandamus directing the petitioner to be declared to be eligible for time bound promotion with effect from completion of 5 years from the date of his appointment. 2. Heard the learned counsel Sri.K.H. Bagi appearing for the petitioner, the learned AGA Sri. Madanmohan M. Khannur appearing for the respondent No.1 and learned counsel Sri. K.S. Patil appearing for respondent No.2. 3. Facts in brief germane are as follows: The petitioner is presently working as an Assistant Professor in Community Medicine at Karnataka Institute of Medical Sciences, Koppal (for short, the Institute). A Notification is issued by the Institute on 23.8.2015 calling for application from eligible candidates for various posts, one such post was Assistant Professor. The petitioner, finding himself eligible to be considered for appointment, applies and is selected by drawing up a select list. Two persons were selected in terms of the said Notification to the post of Assistant Professor. One was the petitioner - 10 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 and the other was Dr. Lakshmipathi B.S. Dr. Lakshmipathi B.S. was issued an order of appointment on 5.12.2015 while the petitioner was issued an order of appointment on 18.1.2016 which was 45 days later to the said appointment order being issued to Dr.Lakshmipathi. Time arose when the benefit of time bound promotion was to be considered to the petitioner in terms of Rules. Dr Lakshmipathi was considered and he was granted time bound promotion with effect from 22.12.2020 pursuant to the resolution of a Departmental Promotion Committee( ‘The DPC’, for short ). The petitioner’s case was not considered on the score that, he had not completed five years of service as on the date on which DPC had met. Therefore, the case of the petitioner stood postponed. The next DPC was held only on 21.7.2022 on which day the case of the petitioner was considered and is granted time bound promotion from 21.7.2022 and not with effect from the date on which he had completed five years of service. This is protested to, by the petitioner, by way of representation which comes to be rejected by the impugned order. It is this action that has driven the petitioner to this Court in the subject petition. 4. The learned counsel appearing for the petitioner would submit that the appointment order is issued to the petitioner after 45 days, notwithstanding the fact that he was an appointee pursuant to the same Notification in which Dr. Lakshmipathi was appointed. DPC meeting is postponed for 4 to 5 occasions after the 6th DPC held on 22.12.2020. The learned counsel would - 11 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 submit that the petitioner is entitled to be considered for time bound promotion from the date on which he is appointed, at least from 18.1.2016 and benefit be granted. 5. The learned counsel Sri. K.S. Patil appearing for Institute, would vehemently refute the submissions contending that the petitioner is not entitled to any retrospective time bound promotion from the date on which he gained eligibility, but only on the date on which DPC resolves to grant him the said promotion. Therefore, no fault can be found with the rejection of the representation of the petitioner and fixing the date of time bound promotion as on 21.7.2022. He would seek dismissal of the petition. 6. They learned Additional Government Advocate would also toe the lines of the learned counsel appearing for the Institute. 7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 8. The afore narrated facts are not in dispute. They in fact lie in a narrow compass. The date of appointment of the petitioner is 18.01.2016. The time bound promotion that he is entitled to in the career of an Assistant Professor is in terms of the Government Order issued from time to time. The present Government Order, which is in slight modification of the Government Order of the year 2016 reads as follows: - 12 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 “13. Scheme of Time Bound Promotion (TBP): A faculty member is entitled to be considered for promotion from one Academic Level/Grade pay to another known as Time Bound Promotion (TBP) subject to fulfillment of the following and other conditions stipulated by MCI/DCI to hold the higher level post; i) An incumbent Assistant professor completing five years of continuous service in a particular cadre and who is eligible to hold the post of Associate Professor in that branch of specialisation may be granted the applicable Pay band/Academic Level of the post of the Associate professor subject to the fulfillment of conditions stipulated for grant of regular promotion and possesses the requisite qualifications prescribed by MCI/DCI. ii) An incumbent Associate Professor completing 10 years of continuous service in a particular cadre and who is eligible to hold the post of Professor in that branch of specialization may be granted the applicable Pay band/Academic Level of the Professor subject to the fulfillment of conditions stipulated for grant of regular promotion and possesses the requisite qualifications prescribed by MCI/DCI. iii) The incumbent faculty is entitled to this benefit even there are no vacant posts in the promotional cadre and he continues to discharge the functions of his lower post but for his promotion to the higher cadre. iv) As the procedure for grant of TBP is similar to the grant of regular promotion the pay of the teacher shall be fixed as per the provisions of Rule 42(B) of KCSRs. v) The benefit of TBP is similar to the CAS contemplated in applicable AICTE Regulations for technical personnel. - 13 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 Therefore, the benefit of TBP being a personal promotion to a teacher/faculty holding a substantive sanctioned post, on his/her retirement/superannuation, the said post shall revert back to its original cadre. vi) For availing promotion under the TBP the teacher/faculty must be on the role and in active service of the University/College/Institution on the date of consideration by the selection committee constituted for this purpose.” 9. A faculty member would be considered for promotion to the higher cadre and in the event vacancy is not available, he would be granted time bound promotion. The case of the petitioner would fall within the ambit of the afore-quoted clause. The petitioner was appointed on 18.01.2016. He completes five years of service on 17.1.2021. Therefore, his case ought to have been considered on 17.01.2021. 20 days prior to his gaining eligibility, Department of Promotion Committee met and considers the case of one Dr Lakshmipati, who was appointed pursuant to the same Notification that the petitioner was appointed. He was given time bound promotion with effect from 22.12.2020. The petitioner’s case was not considered, as according to the Institute, he had not completed five years of service, as his appointment order was issued only on 18.1.2016. The 7th DPC i.e. the next DPC comes about only on 21.7.2022. In between the said dates, it transpires that three DPC’s was slated to be held and were only postponed. In the 7th DPC, the petitioner’s case was considered, and he was - 14 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 granted time bound promotion, but not with retrospective effect from the date on which he completed five years of service, but from the date on which the DPC met. The action of the Institute is, on the face of it, illegal, as the petitioner, as a faculty member, would be entitled to time bound promotion from the date on which he completes five years of service and not on the date on which the DPC is held. The DPC at times would be held after 10 years, it cannot be said that faculty member would become eligible after 10 years, for a Rule that permits him time bound promotion after completion of five years of service. Therefore, the said submission of the learned counsel for the respondent Institute is noted only to be rejected, as it is fundamentally flawed. 10. The eligibility of the petitioner is also a concern that is to be addressed by this Court. 11. The notification for appointment is issued on 23.08.2015. Both the petitioner and one Dr. Lakshmipathi get selected pursuant to the said Notification. Two different appointment orders are issued on two different dates. There is no fault of the petitioner in reporting to duties immediately after issuance of the appointment order. If they are selected pursuant to the same select list and for no fault of theirs in issuing the appointment order, the right of the petitioner to get a date of appointment like it is done in the case of Dr.Lakshmipati is also to be considered. 12. It is a grievance that the respondent-Institute has to address with regard to the petitioner or any other - 15 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 faculty member, who have been shown different dates of appointment, notwithstanding being appointed on solitary Notification. 13. For the aforesaid reasons, the following ORDER i. The petition is allowed. ii. The endorsement dated 21.07.2023 passed by respondent No.2 stands quashed. iii. The petitioner is held entitled to time bound promotion with effect from 18.01.2021 instead of 21.7.2022 and the petitioner be granted all consequential benefits including arrears of salary, that salary or other incidental benefits that would flow from the reassignment of date of eligibility as aforesaid. iv. The compliance within three months from the date of receipt of copy of the order." 6. As can be seen from the aforesaid order passed by this Court, the writ petitioner therein i.e., Vijaykumar Mane has been held to be entitled to time-bound promotion with retrospective effect and the contrary endorsement issued by the Institution has been quashed by this Court. In the instant case also, it is an undisputed fact that the petitioners herein are identically/similarly situated and consequently, in the light of aforesaid judgment in - 16 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 Vijaykumar Mane's case (supra), I am of the considered opinion that by invoking/applying the doctrine of parity, the petitioners herein also would be entitled to retrospective time bond promotion after completion of period of five years as held from the date of their appointment, as held by this Court in the aforesaid judgment, subject to however the final outcome of WA No.100740/2023 by issuing certain directions in this regard. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed and disposed of. (ii) The impugned endorsements at Annexures - A and B insofar as it relates to declining to grant retrospective promotion to the petitioners herein are hereby quashed. (iii) The petitioners are held entitled to time bound promotion with effect from 14.12.2020, 14.11.2021, 22.12.2021, 23.12.2021, 11.01.2022, 17.03.2022, and 23.03.2022 respectively, i.e., the date on which they complete five years of service and the petitioners - 17 - HC-KAR NC: 2026:KHC:18140 WP No. 27911 of 2024 be granted consequential benefits including arrears of salary, that salary or other incidental benefits that would flow from the reassignment of date of eligibility as aforesaid. (iv) It is however made clear that the present order would be subject to the final outcome of WA No. No.100740/2023. (v) The respondents are directed to comply with the directions issued in the present order within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 4