- 1 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 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. 103951 OF 2024 (S-RES) C/W WRIT PETITION NO. 102325 OF 2023 (S-PRO) IN WP NO. 103951 OF 2024: BETWEEN: 1. SMT. UMA K. KULKARNI, AGE. 42 YEARS, OCC. PERSONAL SECRETARY, DIRECTORATE OF EDUCATION, UHS, BAGALKOT, R/O. VEERAPUR R.C., BAGALKOT, PIN-587 104. 2. SHRI. SOMAPPA V. KOTUR, AGE. 52 YEARS, OCC. PERSONAL SECRETARY, DIRECTORATE OF RESEARCH, UHS, BAGALKOT, R/O. VIDYAGIRI, BAGALKOT, PIN-587 104. 3. SHRI. SHANKRAPPA I. KALADAGI, AGE. 52 YEARS, OCC. PERSONAL SECRETARY, ADMINISTRATIVE OFFICE, UHS, BAGALKOT, R/O. POST MUGALOLLI, BAGALKOT, PIN-587 104. 4. SMT. NIRMALA HONNAMORE, AGE. 49 YEARS, OCC. PERSONAL SECRETARY, DIRECTORATE OF EXTENSION, UHS, BAGALKOT, R/O. VEERAPUR R.C., BAGALKOT, PIN-587 104. 5. SHRI. MUDHUSUDHAN G., AGE. 41 YEARS, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.04 10:27:58 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 OCC. PERSONAL SECRETARY, VICE CHANCELLOR’S OFFICE, UHS, BAGALKOT, R/O. VEERAPUR R.C., BAGALKOT, PIN-587 104. 6. SHRI. ALLAPEER A. SARWAD, AGE. 38 YEARS, OCC. PERSONAL SECRETARY, OFFICE OF THE REGISTRAR, UHS, BAGALKOT, R/O. NAVANAGAR, BAGALKOT, PIN-587 104. … PETITIONERS (BY SRI. JAGDISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF HORTICULTURE, M.S. BUILDING, BENGALURU-560 001. 2. THE REGISTRAR, UNIVERSITY OF HORTICULTURE SCIENCES, NAVANAGAR, BAGALKOT-587 104. 3. THE SPECIAL OFFICER, UNIVERSITY OF HORTICULTURAL SCIENCES, NAVANAGAR, BAGALKOT-587 104. … RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, ADVOCATE FOR R1; SRI. RAVI S. BALIKAI, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF ‘CERTIORARI’ QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. SANKHYA:KUSA.NEV/TOVVBA/ 1797/2023-24 DATED 28/03/2024 ISSUED BY THE RESPONDENT NO.2-UNIVERSITY TO THE PETITIONERS VIDE ANNEXURE-W IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2-UNIVERSITY TO ACCORD PROMOTIONS TO THE PETITIONERS AS PER THE EXISTING C AND R RULES VIDE NOTIFICATION DATED 01/04/2009, IN THE INTEREST OF JUSTICE AND EQUITY, AND ALSO TO PROVIDE SOCIAL JUSTICE TO THE PETITIONERS AND ETC. - 3 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 IN WP NO. 102325 OF 2023: BETWEEN: 1. SMT. RUPA D/O. SHIVARAJ HAVARGI, AGE. 40 YEARS, OCC. SUPERINTENDENT (GENERAL), OFFICE OF THE DIRECTORATE OF RESEARCH, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 2. SMT. RAJESHWARI D/O. GANGADHAR HALLUR, AGE: 39 YEARS, OCC: SUPERINTENDENT (GENERAL), OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 3. SMT. KAVERI D/O. VEERANNA AVASANGARAD, AGE: 42 YEARS, OCC: SUPERINTENDENT (GENERAL), OFFICE OF THE COMPTROLLER, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 4. SRI GANGAPPA S/O. SHANKRAPPA BALLODI, AGE: 39 YEARS, OCC.: SUPERINTENDENT (GENERAL), ADMINISTRATIVE OFFICE, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 5. SMT. PURNIMA D/O. SHANKRAYYA KARAVEERAMATH, AGE: 40 YEARS, OCC: SUPERINTENDENT (GENERAL), MHREC OFFICE, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 6. SRI. SALEEMAHMED S/O. MALIKSAB CHAPARABAND, AGE: 34 YEARS, OCC: SUPERINTENDENT (GENERAL), OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. - 4 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 7. SRI. KOTREPPAGOUDA S/O. NAGANAGOUDA PATIL, AGE: 50 YEARS, OCC: SUPERINTENDENT (GENERAL), OFFICE OF DIRECTOR OF EDUCATION, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 8. SRI. SHANKARGOUD S/O. CHIDANANDA BIRADAR, AGE: 44 YEARS, OCC: SENIOR ASSISTANT, DEAN PGS OFFICE, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 9. SRI. BASANAGOUDA S/O. SANGANAGOUDA BIRADAR, AGE: 47 YEARS, OCC: SENIOR ASSISTANT, COLLEGE OF HORTICULTURE, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 10. KUMARI JYOTI D/O. SOMANNA WADDAR, AGE: 34 YEARS, OCC: SENIOR ASSISTANT, DEAN AND PGS OFFICE, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 11. SMT. VEENARANI D/O. VAJRAKANT NARA, AGE: 46 YEARS, OCC: ASSISTANT CUM COMPUTER OPERATOR, CEEC, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 12. SRI. CHANDRAMOULI S/O. KALLAPPA MALASHETTI, AGE: 46 YEARS, OCC: ASSISTANT CUM COMPUTER OPERATOR, CEEC, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 13. SRI. RAJENDRA S/O. SADASHIV HOOLIGERI, AGE: 42 YEARS, OCC: SENIOR ASSISTANT, OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 14. SRI. HUSSAINBASHA S/O. IMAMHUSSAIN KUKANUR, AGE: 35 YEARS, OCC: ASSISTANT CUM COMPUTER OPERATOR, - 5 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 15. SMT. ROOPA D/O. SHANMUKHAYYA KUGALI, AGE: 42 YEARS, OCC: ASSISTANT CUM COMPUTER OPERATOR, OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 16. SMT. SAVITRI D/O. DUNDAPPA PATIL, AGE: 29 YEARS, OCC: ASSISTANT CUM COMPUTER OPERATOR, OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 17. SRI. SHIVARAJ S/O. CHANNAPPA METI, AGE: 41 YEARS, OCC: SENIOR ASSISTANT, EDITOR OFFICE, COMMUNICATION CENTRE, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. ... PETITIONERS (BY SRI. SOURABH A. SONDUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HORTICULTURE, VIKASA SOUDHA, BENGALURU-560 001. 2. THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, NAVANAGAR, BAGALKOT-587 104. 3. SRI. PARAPPA B. HALEMANI, AGE: MAJOR, OCC.: ADMINISTRATIVE DEPUTY OFFICER, OFFICE OF THE ADMINISTRATION, UDYANAGIRI, UNIVERSITY OF HORTICULTURAL SCIENCES, NAVANAGAR, BAGALKOT-587 104. 4. SRI. RAVINDRA Y. KAMBLE, AGE: MAJOR, OCC: DEPUTY REGISTRAR, OFFICE OF THE REGISTRAR, - 6 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 5. SRI. ADINARAYAN PANDURANG BHINGE, AGE: MAJOR, OCC: DEPUTY REGISTRAR, OFFICE OF THE REGISTRAR, UNIVERSITY OF HORTICULTURAL SCIENCES, UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104. 6. SRI. ARJUN B. BHANDARE, AGE: MAJOR, OCC: ASSISTANT REGISTRAR, OFFICE OF THE DEAN, COLLEGE OF HORTICULTURE, BIDAR, HYDERABAD ROAD, NEAR HANUMAN TEMPLE, HALADKERI, TQ. AND DIST. BIDAR-585 401. 7. SRI. PRABHUDEV JALI, AGE: MAJOR, OCC: ASSISTANT REGISTRAR, OFFICE OF THE DEAN, COLLEGE OF HORTICULTURE, MUNIRABAD, TQ. MUNIRABAD, DIST. KOPPAL-583 233. 8. SRI. BASAVARAJ S. AURANGABAD, AGE: MAJOR, OCC: ASSISTANT REGISTRAR, OFFICE OF THE DEAN, COLLEGE OF HORTICULTURE, MYSURU-571 130. 9. THE SPECIAL OFFICER, UNIVERSITY OF HORTICULTURAL SCIENCES, NAVANAGAR, BAGALKOT-587 104. ... RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, ADVOCATE FOR R1; SRI. RAVI S. BALIKAI, ADVOCATE FOR R2 AND R9; NOTICE TO R5 IS SERVED; SRI. KUSHAL N. KAMBLE, ADVOCATE FOR R3, R4, R6, R7 AND R8) THIS WRIT PETITION IS FILED UNDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION BEARING NO. SO/EST/1/2009 DATED 01.04.2009 ISSUED BY RESPONDENT NO. 9, VIDE ANNEXURE-B IN SO FAR AS AMENDING THE CADRE AND RECRUITMENT RULES FOR INCLUSION OF PERSONAL SECRETARY AS FEEDER CADRE FOR THE POST OF ASSISTANT ADMINISTRATIVE OFFICER/ASSISTANT REGISTRAR IS CONCERNED AND ETC. - 7 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 THESE PETITIONS COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER These two writ petitions arise out of the same cadre and recruitment framework governing non-teaching staff of the University of Horticulture Sciences, Bagalakote (“UHS”) and therefore they have been heard together and are disposed of by this common order. 2. W.P.No.102325/2023 is filed by employees belonging to the administrative cadre, calling in question the validity of Cadre and Recruitment Rules applied from the year 2009, insofar as they enabled promotion of personal secretaries to the post of Assistant Registrar/Assistant Administrative Officer, and seeking to unsettle promotions and seniority that have followed therefrom. 3. W.P.No.103951/2024, on the other hand is filed by personal secretaries working in UHS, Bagalakote - 8 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 complaining that despite the continued enforcement of the very same Cadre and Recruitment Rules of 2009 (‘Rules, 2009’ for short), they have been denied consideration for promotion by endorsement dated 28.03.2024, stating that personal secretary is not a feeder cadre. 4. Thus, while petitioners in W.P.No.102325/2023 seek to invalidate and undo the cadre framework, which has been operation for over a decade, the petitioners in W.P.No.103951/2024 seek consistent and nondiscriminatory application of existing rules, rendering the two writ petitions interconnected and interdependent. Brief facts: 5. UHS, Bagalakote is a newly established University constituted under the University of Horticulture Sciences Act, 2009. At its inception, it did not have independent Cadre and Recruitment Rules of its own. In order to regulate service conditions, UHS, Bagalkot adopted the Cadre and Recruitment Rules of the University - 9 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 of Agriculture Sciences, Dharwad (‘UAS’ for short), which were already approved and enforced. These adopted Rules came to be applied from the year 2009. Pursuant to such adoption, promotions were granted under orders dated 01.10.2009 and 4/5.12.2011, wherein employees holding the post of superintendent (General/Personal Secretary) were promoted a post of Assistant Registrar/Assistant Administrative Officer. Seniority lists were thereafter drawn and acted upon. 6. In W.P.No.102325/2023, the petitioners, who belonged to the administrative cadre challenged the said promotional channel and consequential promotion contending that inclusion of personal secretary as a feeder cadre was illegal and without statutory approval. 7. In W.P.No.103951/2024, the petitioners, who are personal secretaries, assert that though Rules, 2009 continue to be enforced and have been acted upon for years, their candidature for promotion has been rejected - 10 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 by the University by an endorsement dated 28.03.2024, contrary to past practice and seniority records. 8. In W.P.No.102325/2023, learned counsel for the petitioners contends that, Cadre and Recruitment Rules relied upon by the Universities were never validly approved or gazetted and therefore could not have been enforced. It is contended that the administrative and secretarial cadres are distinct and that promotion from Personal Secretary to Assistant Registrar amounts to impermissible lateral entry. Reliance is placed on the judgment of the Apex Court in Rajendra Agricultural University Vs. Ashok Kumar Prasad and Others1 (Rajendra) to contend that gazette publication is mandatory, and in its absence the rules are unenforceable. 9. In W.P.No.102325/2023, learned counsel for the University contends that UHS, Bagalakote merely adopted the Cadre and Recruitment Rules of UAS, Dharwad, which were already approved, whose variability 1 C.A.No.6937/2004 D.D 30.11.2009 - 11 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 is not in dispute. It is contended that promotions were granted as early as 2009 and 2011 and that the petitioners were fully aware of the same and that at least one promotion in 2014 was also within their knowledge. It is contended that the writ petition filed in 2023 after more than a decade of implementation, is barred by delay and laches acquiescence, and estoppel and the settled proposition of promotions and seniority cannot be reopened. 10. In W.P.No.102325/2023, learned counsel for the private respondents, who are arrayed as respondent Nos.3 to 8, contend that the writ petition is not maintainable either in law or in facts and are liable to be dismissed. It is contended that the Cadre and Recruitment Rules applied from the year 2009 were validly adopted and acted upon by the UHS, Bagalakote and that promotions were granted strictly in accordance with the said Rules. It is contended that the promotions were effected as early as 2009 and again in 2011 and thereafter seniority were - 12 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 finalized and further promotions were made on that basis. It is submitted that these promotions have attained finality and they have remained undisturbed for more than a decade. 11. Learned counsel further contends that the petitioners are fully aware about the promotions granted to the private individuals, including at least one promotion in the year 2014 and yet choose not to challenge the same at the relevant point of time. It is contended that the petitioners themselves have accepted and benefited from the very same cadre and recruitment framework, having secured their own appointments and promotions under the said regime are therefore estopped by conduct from questioning its validity. 12. It is submitted that the Cadre and Recruitment Rules of the UAS-Dharwad, which were adopted by UHS, Bagalakote, were already approved by the competent authorities and validity of these Rules is not in disputes - 13 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 and once the validly approved rules of existing University are adopted by newly constituted University, no separate or fresh approval or gazette publication is required and the petitioners’ contention to the contrary is misconceived. 13. In W.P.No.103951/2024, learned counsel for the petitioners contends that the Rules, 2009 are still in force and continue to govern promotions. It is contended that several promotions were granted earlier by treating Personal Secretary as a feeder cadre and seniority list reflect such application. It is submitted that the impugned endorsement dated 28.03.2024, stating that the personal secretary is not a feeder cadre, is contended to be arbitrarily inconsistent and discriminatory and violative of Article 14 of the Constitution of India. 14. In W.P.No.103951/2024, learned counsel appearing for the respondent-University seeks to justify the endorsement by contending that the personal secretary is not a feeder cadre and that new rules are under contemplation. However, it is not disputed that no - 14 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 new Cadre and Recruitment Rules have been notified till date. 15. Having heard the learned counsel on both sides and perused the material on record, the point that arises for consideration is: “Whether the Cadre and Recruitment Rules adopted and implemented by the University of Horticulture Sciences, Bagalakote from the year 2009 can be questioned and unsettled after long acquiescence, and whether the University is justified in denying consideration for promotion to the petitioners in W.P.No.103951/2024 under the very same Rules?” 16. The Cadre and Recruitment Rules of UAS, Dharwad, which were adopted by UHS, Bagalakote were already approved. The UHS, Bagalakote is a newly constituted University. In the absence of its own Cadre and Recruitment Rules at the inception, it adopted the Cadre and Recruitment Rules of the UAS, Dharwad. The Cadre and Recruitment Rules of UAS, Dharwad were duly framed and approved by the competent authorities and - 15 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 validly thereof is not in dispute before this Court. Once validly approved Rules of an existing University are adopted by a newly established University, no separate or fresh approval or gazette publication is required for such adoption. The adoption only enables application of an already operative and approved statutory framework. The contention that the adopted Rules, 2009 are invalid for want of independent approval or gazette publication is misconception. 17. The reliance placed on Rajendra’s case is misplaced, as the said decision deals with a case of framing a new statute without mandatory publication, whereas the present case concerns adoption and long standing implementation of already approved Rules. In any event, the adopted Cadre and Recruitment Rules have been acted upon continuously since 2009 and have resulted in settled promotions and seniority, which cannot be unsettled after long acquiescence. - 16 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 18. The petitioners in W.P.No.102325/2023 admittedly had knowledge of the promotions affected not only in 2009 and 2011 but also in 2014 yet choose to approach this Court only 2023. Service jurisprudence mandates that settled promotions and seniority cannot be unsettled after long acquiescence, particularly at the instance of persons who have themselves benefited under the same regime. Entertaining the challenge at this stage, would lead to administrative chaos and unsettled crystallized services rights, which is impermissible. 19. It is also not in dispute that the Rules, 2009 continued to be in force and have not been replaced or repealed. The University cannot on one hand sustain promotions granted under the Rules, 2009, and on the other hand denying consideration to the petitioners under the very same Rules. The endorsement dated 28.03.2024 runs contrary to the long standing practice, promotion orders and seniority list maintained by the University. Such selective application of rules is arbitrary and violative - 17 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 of Article 14 of the Constitution of India. The impugned endorsement in W.P.No.103951/2024 is unsustainable warranting interference. Accordingly, the point framed for consideration is answered. 20. For the foregoing reasons, this Court pass the following: ORDER i. The W.P.No.102325/2023 is dismissed. ii. W.P.No.103951/2024 is allowed. iii. The impugned endorsement dated 28.03.2024 issued by respondent No.2-University (Annexure-W) is hereby quashed. iv. Mandamus is issued to respondent No.2- University to accord promotion to the petitioners as per the existing Cadre and Recruitment Rules, 2009 vide notification dated 01.04.2009 within four weeks from the receipt of certified copy of this order. - 18 - HC-KAR NC: 2026:KHC-D:1330 WP No. 103951 of 2024 C/W WP No. 102325 of 2023 Pending IAs, if any, would not survive for consideration. Sd/- JUSTICE K.S.HEMALEKHA AT CT:VH LIST NO.: 1 SL NO.: 14