- 1 - HC-KAR NC: 2026:KHC-D:1334 WP No. 103054 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.103054 OF 2025 (S-DIS) BETWEEN: DR. TEJAPPA B. ALLOLLI S/O. BHIWAPPA T. ALLOLLI, AGED 61 YEARS AND 11 MONTHS WORKING AS PROFESSOR OF HORTICULTURE AND ASSOCIATE DIRECTOR OF RESEARCH AND EXTENSION, REGIONAL HORTICULTURE RESEARCH AND EXTENSION CENTRE, KUMARAPURA DHARWAD, R/AT PARVATHI SADANA, PLOT NO.119, 4TH MAIN A CROSS, KUMARESHWARNAGAR, DHARWAD, DHARWAD DISTRICT. …PETITIONER (BY SRI. VIJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HORTICULTURE AND SERICULTURE DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE UNIVERSITY OF HORTICULTURAL SCIENCES REPRESENTED BY ITS REGISTRAR, BAGALKOT-587104, BAGALKOT DISTRICT. 3. THE ADMINISTRATIVE OFFICER UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGAR, NAVANGAR BAGALKOT-587104. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1; SRI. GANGADHAR S.HOSAKERI, ADVOCATE FOR R2 AND R3) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.04 10:27:57 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1334 WP No. 103054 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ISSUE A WRIT OF CERTIORARI QUASHING IMPUGNED ORDER BEARING NO.AA.KA/THO.VI.VI.BHA/2025-26/355 DATED 02.05.2025 ISSUED BY THE 3RD RESPONDENT (VIDE ANNEXURE-T) AND AFTER PERUSAL SET ASIDE THE SAME AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDE The petitioner has approached this Court seeking to quash the impugned endorsement dated 02.05.2025 issued by respondent No.3 (Annexure-T), whereby, the respondent No.3 on basis of the decision taken in Board Meeting, has placed the petitioner under suspension pending enquiry on the allegation that he has failed to obtain the prior approval of the Finance Department before issuing the appointment orders. 2. The petitioner while working as in-charge of respondent No.2-University, acted pursuant to the directions issued by respondent No.1 to fill up all the - 3 - HC-KAR NC: 2026:KHC-D:1334 WP No. 103054 of 2025 vacancies available under Article 371-J with immediate effect in compliance thereof, the petitioner issued notification to fill up 6 teaching post and 26 Service Personnel posts. Approval was accorded by respondent No.1 for filling-up the Service Personnel posts and thereafter, a proposal was sent seeking approval of the Finance Department. The Vice Chancellor, by a written communication, approved the recruitment process to the selected candidates after verification of the documents. 3. Subsequently, on 27.03.2024, the Finance Department directed the respondent No.1 to withdraw the appointment issued to Service Personnel cadre on the ground that, no prior approval of the Finance Department has been obtained. The appointed candidates approached this Court challenging the order dated 27.03.2024 and the order dated 30.03.2024, wherein the respondent No.1 directed the respondent No.2 to withdraw the appointment orders issued to the 17 non-teaching staffs. - 4 - HC-KAR NC: 2026:KHC-D:1334 WP No. 103054 of 2025 4. This Court on 14.01.2026 in the case of Chetan Kumachagi S/o Gurappa and others vs. State of Karnataka and others1, (Chetan) examine the legality of the order dated 30.03.2024 and categorically held that the withdrawal of the appointment order is unsustainable. Accordingly, the said writ petition was allowed and the impugned order was quashed, and the respondents were directed to continue the petitioners in service in the posts to which they are appointed. The suspension of the present petitioners is founded solely on the allegation that prior approval of the Finance Department before issuing the appointment orders. 5. In view of the quashment of order dated 30.03.2024 by this Court in the case of Chetan (supra), the order of suspension issued by respondent No.3 is unsustainable in law and is liable to be quashed. 6. Accordingly, this Court pass the following; 1 WP No.102329/2024. - 5 - HC-KAR NC: 2026:KHC-D:1334 WP No. 103054 of 2025 ORDER i. The writ petition is allowed. ii. The impugned order dated 02.05.2025 issued by the respondent No.3 (Annexure-T) is hereby quashed. iii. The respondent No.3 is directed to release all the pensionary and statutory benefits due to the petitioner in accordance with law, within a period of four weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 29