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2026 DAILYLAW 27232 (KAR)

THE ADMINISTRATIVE OFFICER v. DR. KUSUMA SHAMANOOR

WA/1373/2025 · 2026-07-06

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1330 OF 2025 (S-RES) C/W WRIT APPEAL NO. 1009 OF 2025 (S-RES) WRIT APPEAL NO. 1021 OF 2025 (S-RES) WRIT APPEAL NO. 1373 OF 2025 (S-RES) IN WA No. 1330/2025 BETWEEN: 1. THE REGISTRAR, REGISTRAR UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE, UAHS, SHIVAMOGGA - 577 204. ALSO AT: THE REGISTRAR, KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE, SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI SAGARA TALUK, SHIVMOGGA DISTRICT- 577 412. 2. THE ADMINISTRATIVE OFFICER, KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER SHIVAMOGGA, 2ND FLOOR, IRUVAKKI SAGARA TALUK, SHIVMOGGA DISTRICT- 577412 …APPELLANTS (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. SRI.NAGARAJA S., S/O SHANMUKHA S.S. AGED ABOUT 41 YEARS, RESIDING AT NAVEEN NILAYA, R.M.L. NAGARA, 1ST MAIN ROAD, 18TH CROSS, BESIDES A1 MOHAMMED SCHOOL SHIVAMOGGA - 577 205. 2. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, HIGHER EDUCATION, M.S BUILDING, BENGALURU - 560 001. 3. DR. KUSUMA SHAMANOOR, D/O CHANDRAPPA M SHAMANOOR, CHALAGERI POST, RANEBBENNUR TALUK, HAVERI DISTRICT - 581 145 ALSO AT DR. KUSUMA SHAMANOOR, SPECIAL OFFICER, AGRICULTURE COLLEGE IRUVAKKI-SAGARA TALUK, SHIMOGA DISTRICT - 577 412 …RESPONDENTS (BY SRI. RAVINDRANATH, AGA FOR R2, SRI. T.S. VENKATESH, ADVOCATE FOR R1, SRI. K.S. PONNAPPA, ADVOCATE FOR R3) - 3 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:03.04.2025 PASSED BY THE HON'BLE SINGLE JUDGE IN WP NO.10465/2023 AND CONSEQUENTLY DISMISSED THE WRIT PETITION WITH EXEMPLARY COSTS AND ETC., IN WA NO. 1009/2025 BETWEEN: DR. KUSUMASHAMNOOR, D/O CHANDRAPPA M. SHAMNOOR, AGED ABOUT 38 YEARS, CHALAGERI POST, RANEBENNUR TALUK, HAVERI DISTRICT - 581 145, ALSO AT AGRICULTURAL COLLEGE, SPECIAL OFFICER, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA DISTRICT - 577 412. ...APPELLANT (BY SRI. K.S PONNAPPA., ADVOCATE) AND: 1. THE ADMINISTRATIVE OFFICER, KELADISHIVAPPANAYAKA UNIVERSITY OF AGRICULTURAL SCIENCES, SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVAMOGA - 577 412. 2. THE REGISTRAR, UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, UAHS, SHIVAMOGA - 577 204 ALSO AT : THE REGISTRAR, KELADISHIVAPPANAYAKA UNIVERSITY OF AGRICULTURAL - 4 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER SCIENCES, SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA - 577 412. 3. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, HIGHER EDUCATION, M.S BUILDING, BENGALURU - 560 001. 4. SRI. NAGARAJA S., S/O SRI. SHANMUKHA S.S., AGED ABOUT 39 YEARS, R/A AT NAVEEN NILAYA, R.M.L NAGARA, 1ST MAIN ROAD, 18TH CROSS, BESIDES A1 MOHAMMED SCHOOL, SHIVAMOGGA - 577 205. ...RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R3, SRI. T.S. VENKATESH, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:03.04.2025 PASSED BY THE HON'BLE SINGLE JUDGE IN WP No.10465/2023 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. IN WA NO. 1021/2025 BETWEEN: DR. KUSUMA SHAMNOOR, D/O CHANDRAPPA M. SHAMNOOR, AGED ABOUT 38 YEARS, - 5 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER CHALAGERI POST, RANEBENNUR TALUK, HAVERI DISTRICT - 581 145. ALSO AT SPECIAL OFFICER, AGRICULTURAL COLLEGE, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA DISTRICT - 577 412. ...APPELLANT (BY SRI. K.S. PONNAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, HIGHER EDUCATION, M.S BUILDING, BENGALURU - 560 001. 2. THE REGISTRAR, UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, UAHS, SHIVAMOGA - 577 204, ALSO AT : THE REGISTRAR, KELADISHIVAPPANAYAKA UNIVERSITY OF AGRICULTURAL SCIENCES, SHIVAMOGGA SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVAMOGGA - 577 412. 3. THE ADMINISTRATIVE OFFICER, KELADISHIVAPPANAYAKA UNIVERSITY OF AGRICULTURAL SCIENCES, SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVAMOGA - 577 412. - 6 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER 4. SRI. NAGARAJA S., S/O SRI. SHANMUKHA S.S., AGED ABOUT 39 YEARS, R/A AT NAVEEN NILAYA, R.M.L NAGARA, 1ST MAIN ROAD, 18TH CROSS, BESIDES A1 MOHAMMED SCHOOL, SHIVAMOGGA - 577 205. ...RESPONDENTS (BY SRI. B. RAVINDRANTH, AGA FOR R1, SRI. T.S. VENKATESH, ADVOCATE FOR R4, SRI. THYAGARAJ S. ADVOCATE FOR R2 & R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:03.04.2025 PASSED BY THE HON'BLE SINGLE JUDGE IN W.P No.10465 OF 2023 C/W W.P. No.15646 OF 2024 AND QUASH THE DISCIPLINARY PROCEEDINGS INITIATED BY THE RESPONDENT No. 1 UNDER RULE 11 OF THE KARNATAKA CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1957 AND ETC., IN WA NO. 1373/2025 BETWEEN: 1. THE ADMINISTRATIVE OFFICER, KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE SHIVAMOGGA - 577 412. 2. THE REGISTRAR, KELADI SHIVAPPA NAYAKA UNIVERSITY OF AND HORTICULTURAL SCIENCE SHIVAMOGGA, SHARAVATHI ADMINISTRATIVE BLOCK, - 7 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER 2ND FLOOR, IRUVAKKI, SAGARA TALUK, SHIVMOGGA DISTRICT- 577 412. ...APPELLANTS (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. DR. KUSUMA SHAMANOOR, D/O CHANDRAPPA M. SHAMANOOR, AGED ABOUT 38 YEARS, CHALAGERI POST, RANEBBENNUR TALUK, HAVERI DISTRICT - 581 145. ALSO AT: SPECIAL OFFICER, AGRICULTURAL COLLEGE, IRUVAKKI-SAGARA TALUK, SHIMOGA DISTRICT - 577 412. 2. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO GOVERNEMNT EDUCATION DEPARTMENT, HIGHER EDUCATION, M.S. BUILDING, BENGALURU - 560 001. 3. SRI. NAGARAJA S S/O SHANMUKHA S.S. AGED ABOUT 41 YEARS, RESIDING AT NAVEEN NILAYA, R.M.L. NAGARA, 1ST MAIN ROAD,18TH CROSS, BESIDES A1 MOHAMMED SCHOOL, SHIVAMOGGA - 577 205. ...RESPONDENTS - 8 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER (BY SRI. B. RAVINDRANATH, AGA FOR R2, SRI. T.S. VENKATESH, ADVOCATE FOR R3, SRI. K.S. PONNNAPA, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT,1961, PRAYING TO SET ASIDE THE ORDER DATED:03.04.2025 PASSED BY THE HON'BLE SINGLE JUDGE IN WP NO.15646/2024 CONSEQUENTLY DISMISS THE WRIT PETITION WITH EXEMPLARY COST AND GRANT SUCH OTHER RELIEF. THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-Court appeals have been filed impugning the common order dated 03.04.2025 passed by the Writ Court in W.P.No.10465/2023 C/w. W.P.No.15646/2024. 2. W.P.No.10465/2023 was filed by respondent No.1 in W.A.No.1330/2025 and W.P.No.15646/2024 was filed by Dr.Kusuma Shamanur - appellant in W.A.No.1009/2025 and W.A.No.1021/2025. - 9 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER 3. Dr.Kusuma Shamanur, filed the Writ Petition against some show-cause notice issued to her to initiate inquiry on the complaint of Sri.Nagaraja.S. 4. The issue relates to selection and recruitment to the post of Assistant Professor of Physical Education in the appellant- University. For making selection and recruitment, a Notification dated 24.01.2019 was issued by the appellant-University inviting applications in prescribed form from the eligible candidates for filling up the posts of Assistant Professor, inter-alia, in Physical Education. The last date for submitting the application in all respect was 23.02.2019. 5. Clause-19 of the said Notification is specifically provided as under: "The applications received after the last date, incomplete applications, and without payment of prescribed fees are liable to be rejected. Any additional document/ certificate/ records given after the last date for submission of a filled application will not be considered for award of marks." - 10 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER 6. The selection was to be made on the basis of academic qualifications and interview. The maximum marks provided for Bachelor's Degree were '10' marks. Thus, a candidate was required to produce Bachelor's Degree along with marks sheet at the time of filing of the application on or before the last date of filing of the application i.e., 23.02.2019. 7. The respondent/ petitioner Mr.Nagaraja.S, admittedly didn't submit his Bachelor's Degree and marks sheet along with the application submitted by him for the post of Assistant Professor in Physical Education. As he did not submit the Bachelor's Degree and marks sheet, against maximum of '10' marks in respect of Bachelor's Degree, he was awarded '0' (Zero) marks and from educational qualifications combined with interview marks, he could secure 64.330 marks, whereas, Dr.Kusuma Shamanur - appellant in W.A.No.1009/2025 and W.A.No.1021/2025 secured highest marks i.e., 66.425. In altogether, there were five candidates. Three other - 11 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER candidates were, Mr.Khalid Bashir Khan secured 66.060, Ms.Thangarani secured 64.900 and Ms.Vibharani M.Nivargi secured 66.095 marks. 8. Dr.Kusuma Shamanur has secured highest marks i.e., 66.425, she was declared as 'Selected Candidate' for the post of Assistant Professor in Physical Education in the appellant University and she had joined the services and continuing on the said post after her selection. 9. The respondent - Nagaraja.S, filed Writ Petition challenging the selection of Dr.Kusuma Shamanur. The Writ Court vide impugned judgment and order has held that, Mr.Nagaraja.S had the Bachelor Degree, Master Degree and Doctorate in Physical Education, as well as possessed Graduation Degree in Sociology. A copy of the Bachelor's Decree in Arts possessed by Mr.Nagaraja.S, was also placed on record before the Writ Court. The Writ Court therefore, held that, if the marks were to be given - 12 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER for Bachelor's Degree to Mr.Nagaraja.S, he would outweigh the selected candidate Dr.Kusuma Shamanur. The Writ Court therefore, directed to reconsider the Bachelor's Decree of Arts of Mr.Nagaraja.S and reassess the inter se merit of Mr.Nagaraja.S and Dr.Kusuma Shamanur. 10. We find the approach of the Writ Court incorrect inasmuch as, the Notification specifically provided that no documents/ certificate/ marks sheet should be submitted after last date of submission of the application. Clause-19 as noted above, further provides that, no marks shall be awarded in respect of any document that is not submitted along with the application on or before the last date prescribed for filing the application. 11. Admittedly, respondent - Mr.Nagaraja.S did not produce the Bachelor's Decree Certificate along with the application or even on the last date of submission of the - 13 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER application. Therefore, he was not awarded any mark, out of maximum '10' marks provided for Bachelor's Degree. 12. When the recruitment process clearly delineated the method of assessment, the Writ Court could not have substituted another method. The Writ Court has virtually undertaken to substitute the method of assessment of marks regarding academic qualification, which cannot be countenanced. We therefore, allow the appeals in W.A.No.1330/2025, W.A.No.1009/2025 and W.A.No.1373/2025 and set-aside the impugned order passed by the Writ Court in W.P.No.10465/2023. Resultantly, dismiss the Writ Petition filed by Mr.Nagaraja.S. 13. So far as W.A.No.1021/2025 filed by Dr.Kusuma Shamanur against the order passed in W.P.No.15646/2024 is concerned, we make it clear that the Writ Petition stands dismissed as per the order above, inasmuch as the said Writ Petition was filed against the - 14 - HC-KAR NC: 2026:KHC:33628-DB WA No. 1330 of 2025 C/W WA No. 1009 of 2025 WA No. 1021 of 2025 AND 1 OTHER show-cause notice, to which she has already filed reply and inquiry officer has been appointed for conducting the inquiry in accordance with the law. Accordingly, W.A.No.1021/2025 is dismissed. 14. In view of disposal of these Writ Appeals, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 9