- 1 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 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.35238 OF 2024 (S-RES) BETWEEN: SMT NAVEENA T M W/O RAVINDRA H.N, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT PROFESSOR IN GEOGRAPHY, P.L.N. FIRST GRADE COLLEGE, PURIGALI, MALAVALLI TALUK, MANDYA DISTRICT-571 463. …PETITIONER (BY SRI. M.S.NAGARAJA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER, DEPT. OF COLLEGIATE AND TECHNICAL EDUCATION DEPARTMENT, UNNATHA SHIKSHANA SOUDHA SHESHDARI ROAD, BENGALURU-560 001. 3. THE REGIONAL JOINT DIRECTOR DEPT. OF COLLEGIATE EDUCATION, VINOBA ROAD, MYSURU-570 005. 4. THE SECRETARY, NAVACHETHANA SOCIAL AND EDUCATIONAL SOCIETY, NO.26, 1ST -B-CROSS, RMV EXTENSION, BENGALURU-560 080. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 5. THE PRINCIPAL, PLN FIRST GRADE COLLEGE, PURIGALI, MALAVALLI TALUK, MANDYA DISTRICT-571 463. …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI. G. RAMESH NAIK, AGA FOR R-1 SMT. H.R. RENUKA, ADVOCATE FOR R-4 R-2, R-3 & R-5 ARE SERVED) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE PERMISSION GRANTED BY THE THIRD RESPONDENT IN CHANGING OF RESERVATION ROSTER FOR THE POST OF ASSISTANT PROFESSOR OF GEOGRAPHY BEARING NO.PÁ²E/179/SÁºÀĨsÀ/ªÉÄÊ«/2018-19/£Éë-2 DATED 20/07/2024 VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue writ of certiorari, quash the permission granted by the third respondent in changing of reservation roster for the post of Assistant Professor of Geography bearing No.PÁ²E/179/SÁºÀĨsÀ/ªÉÄÊ«/2018-19/£Éë-2 dated 20.07.2024 vide Annexure-G, ii) Issue writ of mandamus, directing the respondent Nos.2, 4 & 5 to consider the request made by the petitioner for regular appointment to the grant-in-aid post of Assistant Professor in Geography against the vacant post by - 3 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 considering the representation dated 07.11.2024 vide Annexures – J1 to J3, iii) Issue writ of mandamus directing the fourth respondent, Management to continue the service of the petitioner as an Assistant Professor of Geography in fifth respondent, College by regularizing her service and appointing her on regular basis against the vacant post. iv) Pass any other writ or direction which may be deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AAG and learned AGA for respondent No.1 and learned counsel for respondent No.4 and perused the material on record. 3. A perusal of the material on record will indicate that petitioner was appointed on probation vide Annexure – A dated 01.01.2018 for a period of two years by respondent No.4 – Society to work as an Assistant Professor in Geography in respondent No.5 – College. Subsequently, on 27.05.2019, the State Government, having regard to the vacancy that had arisen due to the retirement of Sri. V. Mariswami on 11.05.2015, the State Government accorded permission to respondent No.4 – Society to fill up the said vacant post by reserving the said post for persons belonging - 4 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 to Scheduled Caste Community and Circular in this regard dated 20.02.2020 was issued by respondent No.1. It is the grievance of the petitioner that though she belonged to the Scheduled Caste Community and was entitled to be appointed to the aforesaid post, which fell vacant on account of retirement of Sri.V.Mariswami by way of reservation to the said vacant post reserved for persons from Scheduled Caste Community, the respondent No.3 issued the impugned order at Annexure – G dated 20.07.2024 by directing filling up of the said vacant post under the General Merit category and not by way of reservation on the ground that the same was a single post and it was impermissible to reserve a single post and as such, the petitioner is before this Court by way of the present petition. 4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the statement of objections filed by the respondent – State in order to point out that upon retirement of said Sri. Mariswamy V. on 11.05.2015, the State Government permitted to fill up of the said post vide Annexure R3 dated 01.09.2017, to which post the petitioner was appointed and - 5 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 consequently, the question of changing the said roster reservation from the post reserved for Scheduled Caste to the category General Merit was illegal and the impugned Communication / order at Annexure – G deserves to be quashed. It is further submitted that the petitioner belonging to the Scheduled Caste Community is entitled to be appointed towards the said post since she was appointed against a sanctioned post. 5. Per contra, learned AAG and learned AGA for respondent No.1 and learned counsel for respondent No.4 invited my attention to the appointment order in order to point out that the petitioner was only a probationer, whose probationary period had not been declared and there was no confirmation of the appointment of the petitioner, who has no locus standi to present, maintain or prosecute the present petition. It is also submitted that respondent No.4 is an aided institution receiving grant-in-aid from the State Government and has to follow the procedure prescribed by the State Government for regular appointments. It is submitted that the roster categorising the single post as General Merit is perfectly valid and in accordance with law and since it is impermissible in law to reserve a single post, the respondents were - 6 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 fully justified in passing the impugned order, which does not warrant interference by this Court in the present petition. 6. When the matter was posted before this Court on 25.04.2025, this Court passed the following interim order: “Learned counsel for the petitioner seeks time. Learned counsel for respondent Nos. 2 and 4 submits that selection to the post of Assistant Professor in Geography is challenged in this writ petition and an interim order is granted staying the selection to the post of Assistant Professor. She contends that though the petitioner claims that she was appointed as an Assistant Professor in Geography, her appointment is not approved by the State Government. She contends that no selection process was followed at the time of alleged selection of the petitioner to the post of Assistant Professor. She contends that the petitioner had applied pursuant to the notification which is impugned herein and therefore, the petitioner is also entitled to participate in the selection process. She therefore prays that pending disposal of this writ petition, the selection process may be permitted to continued and the out come of the selection process may be kept pending subject to the result of this writ petition. Having regard to the fact that the petitioner had also applied for selection to the post of Assistant Professor in Geography pursuant to the impugned recruitment notification, it is only appropriate to modify the order dated 24.12.2024 and accordingly it is modified the respondent No.4 is permitted to proceed with the process of selection of an Assistant Professor in Geography as per the impugned recruitment notification. However, the selection, if any, shall be subject to the result of this writ - 7 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 petition and no appointment order shall be issued to the selected candidate without the orders of this Court. Till an appointment order is issued to the selected candidate, the services of the petitioner shall be continued.” 7. In pursuance of the said interim order, the respondent No.4 has filed an Affidavit in order to point out that the selection process is completed and one Dr.Siddaraju C.S., who secured the highest marks has been selected for the post, but appointment order has not been issued in his favour in view of pendency of the present petition. 8. The said Affidavit indicating the subsequent events that have transpired during the pendency of the present petition is as under: “Affidavit I, Mallikarjuna Swamy S/o Maraiah aged about 70 years, Secretary, Navachethan Social and Educational Society, Bangalore do hereby solemnly affirm on oath and state as follows: 1.I am the Secretary of fourth respondent and am well conversant with the facts of the case and an authorized to swear to the affidavit. 2. It is respectfully submitted that the petitioner has called into question the permission granted by the 3rd respondent changing the reservation roaster for the post of Assistant Professor of Geography vide Annexure G dated 20.07.2024 and she has - 8 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 sought for a direction directing the respondents 2, 4 and 5 to consider the request made by her for regular appointment to the grant in aid post of Assistant professor in Geography against the vacant post. Further has sought for a direction to the management to continue her services as an Assistant Professor of Geography in the fifth respondent college by regularising her service by appointing her on regular basis against the vacant post. 3. This Hon'ble Court vide order dated 24.12.2024 was pleased to issue notice to the respondents, an interim order was granted which is extracted as under: “Heard the learned counsel appearing for the petitioner. Learned High Court Government Pleader is directed to take notice for respondent No.1, Issue emergent notice to respondent Nos.2 to 5. Respondent No.4 shall not precipitate the matter for the purpose of selection process in filling up the post of Assistant Professor in Geography. Petitioner is permitted to continue the work in the said post without disturbance. List this matter after winter vacation -2024." 4. It is submitted that the respondent No.4 and 5 entered appearance and filed statement of objections and application for vacating the interim order dated 24.12.2024. This Hon'ble Court upon hearing the application for vacating stay, was pleased to pass the following order vide order dated 25.4.2025, which is extracted as under “Learned counsel for the petitioner seeks time. Learned counsel for respondent Nos.2 and 4 submits that selection to the post of Assistant Professor in Geography is challenged in this writ petition and an interim order is granted staying the selection to the post of Assistant Professor. She contends that though the petitioner claims that she was appointed as an Assistant Professor in Geography, her - 9 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 appointment is not approved by the State Government. She contends that no selection process was followed at the time of alleged selection of the petitioner to the post of Assistant Professor. She contends that the petitioner had applied pursuant to the notification which is impugned herein and therefore, the petitioner is also entitled to participate in the selection process. She therefore prays that pending disposal of this writ petition, the selection process may be permitted to continued and the out come of the selection process may be kept pending subject to the result of this writ petition. Having regard to the fact that the petitioner had also applied for selection to the post of Assistant Professor in Geography pursuant to the impugned recruitment notification, it is only appropriate to modify the order dated 24.12.2024 and accordingly it is modified the respondent No.4 is permitted to proceed with the process of selection of an Assistant Professor in Geography as per the impugned recruitment notification. However, the selection, if any, shall be subject to the result of this writ petition and no appointment order shall be issued to the selected candidate without the orders of this Court. Till an appointment order is issued to the selected candidate, the services of the petitioner shall be continued. 5. It is submitted that the interview committee has been constituted by the Vice Chancellor, Mandya University and the same was communicated to the petitioner vide Annexure R4. The committee has been constituted in terms of the notification dated 18.7.2018 issued by the University Grants Commission, vide Annexure R 6. 6. The selection process was continued in terms of the order dated 25.4.2025 passed by this Hon'ble Court; the interview committee consists of the following persons in terms of the notification issued - 10 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 by the UGC and nominated by the Vice chancellor vide Annexure R6 and Annexure R4, which is as under a. Chairperson of the Governing Body - Mallikarjuna Swamy (nominated in the Executive Committee meeting vide Annexure R5) b. Principal of the College - Dr B Rajanna c. Head of the department / Teacher in Charge of the subject concerned in the college - Dr Doddarasaiah - HOD of Geography d. Two nominees of the vice Chancellor of Affiliating University of whom one should be a subject Expert - (i) Prof Sannappa - Representative of Vice Chancellor (ii) Dr Srinivas S - Asst Professor, Geography, First Grade College, Kengeri e. Two subject Experts not connected with the college (i) Dr Ravikumar M - Asst Professor - Dept of Geography, Sri Adichunchanagiri Arts and Commerce College, Nagamangala (ii) Dr Vishwanth H R - Asst Professor – Dept of Geography – Govt Womens College, Hunsur f. An Academician representing SC/ST/OBC nominated by VC Prof H T Venkateshamurthy - Prof Dept of Kannada, Mandya PG Centre. 7. It is submitted that the interview to the post of Assistant Professor Geography was held on 15.5.2025. The marks to be allotted to the candidate is governed by the government order dated 7.12.2023, which is produced as Annexure R 3- which is again produced in order to maintain sequence, as Annexure R 7. The list of 18 candidates who had applied for the post of Assistant Professor in respondent No 5 college is produced as Annexure R8. Since there was only one post, interview letters was issued to candidates in the ratio 1:5 in the order of merit, the interview letters issued to candidates from SI No 1 to 5 are produced and marked as Annexure R9, 10, 11, 12 and 13 respectively. - 11 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 8. Out of five candidates, two candidates remained absent and three candidates attended the interview, the candidates attendance slip is produced and marked as Annexure R 14. The marks allotted to three candidates separately by the committee consisting of 8 members is produced and marked as Annexure R15, 16, 17, 18, 19, 20, 21 and 22 respectively. 9. The consolidated interview marks sheet containing marks given for the post of Asst Professor of Geography certified by all the 8 members of the interview committee dated 15.5.2025 is produced and marked as Annexure R23. The committee selected candidate namely Sri Dr Siddaraju who stood first position and Dr.Sowmyashree who secured the second position. A true copy of the select list certified by 8 members of the interview committee is produced and marked as Annexure R24. The selection proceedings dated 15.5.2025 attested by 8 committee members is produced and marked Annexure R25 and the same was submitted to the Regional Joint Director, Department of Collegiate Education, Mysore. 9. The Regional Joint Director, Department of Collegiate Education, Mysore communicated to the Commissioner, College and Dept of Technical Education Department, Higher Education Soudha, Bangalore vide letter dated 27.6.2025 according approval of the procedure relating to the appointment of Dr Siddaraju CS for the post of Assistant Professor, Geography in the fifth respondent College. A true copy of the letter dated 27.6.2025 is produced and marked as Annexure R26. In terms of the above proceedings it is prayed that this Hon'ble Court be pleased to permit the respondent No 4 and 5 to issue appointment letter to the selected candidate having the highest merit in the select list pertaining to the post of Asst Professor of Geography. - 12 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 10. The details and the documents produced above would reflect that the interview has been held and selection has been made to the post of Assistant Professor of Geography in the 5th respondent college and the above details is true and correct.” 9. I have given my anxious consideration to the rival submissions and perused the material on record. 10. A perusal of the Appointment Order at Annexure – A dated 01.01.2018 will indicate that the petitioner was appointed on probation for a period of two years on 01.01.2018 and merely because she has been permitted to continue to work as Assistant Professor and in the absence of any material to establish that the services of the petitioner had been confirmed or that the probation of the petitioner had been declared, it cannot be said that the petitioner would be entitled to challenge the change in roster effected by the respondents vide Annexure – G, which is assailed in the present petition. In addition thereto, the petitioner has not been able to make out valid or sufficient ground or any infirmity or illegality in Annexure – G so as to invalidate or vitiate the said impugned order dated 20.07.2024, which also cannot be said to be contrary to law as contended by the petitioner. - 13 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 11. It is also pertinent to note that during pendency of the present petition, the petitioner was also permitted to participate in the selection process, who applied for the post as per the Notification issued pursuant to the impugned order at Annexure – E and in the list at Annexure R8 produced along with the Affidavit of respondent No.4 will indicate that the petitioner has secured 57 marks and the petitioner stood at Sl.No.14 and did not come in the zone of consideration, which was restricted to the top five candidates. Viewed from this angle also, the question of interfering with the impugned order and Annexure – G or the notification and selection process in pursuance of the same would not arise in the facts and circumstances of the instant case. 12. Accordingly, I do not find any merit in the petition and the same is hereby dismissed. 13. Insofar as the grievance of the petitioner that she is not being paid salary right from the date of her appointment is concerned, liberty is reserved in favour of the petitioner to submit a fresh / new representation to respondent Nos.4 and 5, who shall consider the same and proceed further in accordance with law. - 14 - HC-KAR NC: 2026:KHC:18207 WP No. 35238 of 2024 14. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 45