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2026 DAILYLAW 5764 (KAR)

DR.SMT.MAHADEVI R. HIREMATH v. THE KARNATAKA UNIVERSITY

WP/130840/2020 · 2026-02-18

K S Hemalekha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 116947 OF 2019 (EDN-RES) C/W WRIT PETITION NO. 103627 OF 2017 (S-RES) WRIT PETITION NO. 130840 OF 2020 (EDN-RES) IN WP No. 116947/2019: BETWEEN: DR. SMT. MAHADEVI R. HIREMATH AGED ABOUT: 52 YEARS, OCC: ASSOCIATE PROFESSOR, (HOD) DEPARTMENT OF KANNADA STUDIES, KARNATAKA ARTS COLLEGE, DHARWAD, DIST: DHARWAD-580001. …PETITIONER (BY SRI. SHIVAKUMAR S.BADAWADAGI, ADVOCATE) AND: 1. THE VICE CHANCELLOR KARNATAKA UNIVERSITY, DHARWAD, DHARWAD-580008. 2. THE REGISTRAR KARNATAKA UNIVERSITY, DHARWAD, DHARWAD-580008. …RESPONDENTS (BY SRI. K.L.PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER DATED 05/11/2019, 30/11/2019, 12/12/2019 AND TAKE ACTION KEEPING IN VIEW THE ORDER PASSED BY THE RESPONDENTS VIDE ANNEXURE-D DATED 01/1/2019 AND REALLOT THE STUDENTS WHO GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:36:28 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 WERE EARLIER ALLOTTED TO THE PETITIONER AND THE COPIES OF THE SAME ARE PRODUCED AS AT ANNEXURE-E-E5 RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY; AND ETC. IN WP NO. 103627/2017: BETWEEN: DR. (SMT). MAHADEVI R HIREMATH AGE: 51 YEARS, OCC: HEAD OF THE DEPARTMENT (HOD), KANNADA DEPARTMENT, KARNTAKA ARTS COLLEGE, DHARWAD. ...PETITIONER (BY SRI. SUHAS K.HOSAMANI, ADVOCATE FOR SRI. A.S.PATIL, ADVOCATE) AND: 1. THE VICE CHANCELLOR KARNTAKA UNIVERSITY, PAWATE NAGAR, DHARWAD. 2. THE REGISTRAR KARNTAKA UNIVERSITY, PAWATE NAGAR, DHARWAD. 3. THE REGISTRAR (EVALUATION) KARNATAKA UNIVERSITY, PAWATE NAGAR, DHARWAD. 4. THE CHAIRMAN, DR.R.C.HIREMATH KANNADA STUDIES, KARNATAKA UNIVERSITY, PAWATE NAGAR, DHARWAD. 5. THE CHAIRMAN, KARNATAKA UNIVERSITY STAFF AND STUDENTS GREVANCES REDRESSAL COMMITTEE, (STUDENT WELFARE SECTION), PAWATE NAGAR, DHARWAD. 6. SMT. B S GANGNALLI, AGE: MAJOR, OCC: ASSISTANT PROFESSOR, GOVT. FIRST GRADE COLLEGE, - 3 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 MUDDEBIHAL, TQ: MUDDEBIHAL, DIST: VIJAYAPUR. ...RESPONDENTS (BY SRI. K.L.PATIL, ADVOCATE FOR R1 TO R5; SRI. PRASHANT HOSAMANI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PUBLICATION DATED 01.03.2017 PASSED BY THE RESPONDENT NO.2 IN NO.KAVI/VM/PH.D/KSG/160/2016-17/153 DATED 01.03.2017 AS PER ANNEXURE-J AND THE IMPUGNED FINAL REPORT DATED 03.04.2017 BEARING NO.KU/DSW/2016- 17 SUBMITTED BY THE RESPONDENT NO.5 AS PER ANNEXURE- L; DIRECT THE RESPONDENT NO.1 TO 3 TO WITHDRAW THE CONVOCATION CERTIFICATE ISSUED IN FAVOUR OF THE RESPONDENT NO.6 AWARDING DOCTORAL DEGREE (PH.D) PERTAINING TO THE RESEARCH WORK IN KANNADA SUBJECT HAVING THE TITLE OF THESIS AS "KANNADA EKOTTARA SHATASTHALAGALU"; AND ETC. IN WP NO. 130840/2020: BETWEEN: DR. SMT. MAHADEVI R. HIREMATH AGED 51 YEARS, ASSOCIATE PROFESSOR, HEAD OF THE DEPARTMENT OF KANNADA STUDIES, KARNATAKA ARTS COLLEGE, DHARWAD-580001. ...PETITIONER (BY SRI. SHIVAKUMAR S BADAWADAGI, ADVOCATE) AND: 1. THE VICE CHANCELLOR KARNATAKA UNIVERSITY, PAVATENAGAR, DHARWAD-580003. 2. THE REGISTRAR KARNATAKA UNIVERSITY, PAVATENAGAR, DHARWAD-580003. - 4 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 3. THE REGISTRAR (EVALUATION) KARNATAKA UNIVERSITY, PAVATENAGAR, DHARWAD-580003. 4. THE DEAN FACULTY OF ARTS KARNATAKA UNIVERSITY, PAVATENAGAR, DHARWAD-580003. 5. THE CHAIRMAN DEPARTMENT OF KANNADA KARNATAKA UNIVERSITY, PAVATENAGAR, DHARWAD-580003. ...RESPONDENTS (BY SRI. K.L.PATIL, ADVOCATE FOR R1 TO R4; NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS REALTING TO CONCERNING AND CONNECTED WITH THE COMMUNICATION DATED 04.01.2020 VIDE ANNEXURE-G BEARING NO.KU/ACA/PG/PH.D/KSG/2019-20/3421 ISSUED BY THE RESPONDENT NO.2 PERUSE THE SAME AND QUASH THE SAID COMMUNICATION DATED 04.01.2020 AS ARBITRARY, ILLEGAL AND OPPOSED INTERALIA TO THE RESOLUTION DATED 17.08.2019 AS COMMUNICATED VIDE ANNEXURE-C DATED 01.10.2019 PASSED BY RESPONDENT NO.2; ISSUE A WRIT IN THE NATURE OF A MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE ALL THE RESEARCH STUDENTS NAMED IN HER REPRESENTATIONS DATED 28.10.2019, 28.11.2019,05.11.2019 AND 05.12.2019 AND 09.12.2019 VIDE ANNEXURRE-E-E4 RESPECTIVELY; ISSUE A FURTHER DIRECTION IN THE NATURE OF A MANDAMUS TO ALLOT TO THE PETITIONER FRESH RESEARCH STUDENTS ALSO FOR BEING GUIDED BY HER FOR THE DOCTORAL DEGREE OF THE UNIVERSITY IN THE KANNADA FACULTY; AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA - 5 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 ORAL ORDER 1. All these writ petitions are taken up together for consideration, as common questions of fact and law are involved, and they are disposed of by this common order. 2. The petitioner, an Associate Professor and a recognized Ph.D. Research Guide under Karnataka University, has filed the above writ petitions challenging, (i) The conferment of Ph.D. degree on respondent No.6; (ii) The inaction of the University in restoring research scholars to her guideship after she was exonerated in disciplinary proceedings. (iii) The communication dated 04.01.2020 whereby the University declined to re-allot her earlier research scholars. - 6 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 3. Brief facts of the case: 3.1. The petitioner was a recognized Ph.D. guide in the Department of Kannada Studies. 3.2. Respondent No.6 had registered under her guideship and submitted the thesis on 28.04.2015. Subsequently, respondent No.6 lodged a complaint alleging that the petitioner had demanded a sum of ₹2,00,000/-. The matter was referred to the ‘Students’ Grievance Redressal Committee.’ 3.3. While the complaint proceedings were pending, the University proceeded to evaluate the thesis and conferred the Ph.D. degree upon respondent No.6 on 03.07.2017. 3.4. Subsequently, disciplinary proceedings were initiated against the petitioner. Pursuant to directions issued by this Court in the earlier writ petition, a retired District Judge was appointed as Enquiry Officer, who conducted an enquiry - 7 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 and submitted a report, exonerating the petitioner of the charges. 3.5. The said report was accepted by the Syndicate by resolution dated 17.08.2019, and the petitioner was restored as a Research Guide. 3.6. Thereafter, the petitioner submitted several representations seeking re-allotment of research scholars who had been withdrawn from her guideship during the pendency of the disciplinary proceedings. 3.7. By communication dated 04.01.2020, the University declined the request for restoration, stating that the concerned students were unwilling to return to her guideship and that some of them had already completed their research. 3.8. Aggrieved, the petitioner has approached this Court in W.P. No.116947/2019 and W.P. - 8 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 No.130840/2020 seeking re-allotment and consequential reliefs. 4. Learned counsel for the petitioner submits that the conferment of Ph.D. degree on respondent No.6 during the pendency of the complaint was illegal and the University acted arbitrarily contrary to the Ph.D. Regulations. It is contended that, once the petitioner has been exonerated, the allegations stand disproved and restoration of guideship must necessarily include consequential restoration of the earlier research scholars. It is further argued that the communication dated 04.01.2020 is arbitrary and non-speaking. Learned counsel also submits that the denial of restoration adversely affects the petitioner’s academic promotions and benefits under the Career Advancement Scheme. 5. Per contra, learned counsel appearing for the respondent - University submits that the Ph.D. - 9 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 degree was conferred by the competent authority, in exercise of its statutory powers and that the academic decisions cannot be interfered with unless mala fides are established. Restoration of guideship does not automatically confer a right to re-allot specific research scholars and submits that the willingness of the students is a relevant consideration, and the impugned communication reflects due consideration of these aspects, which warrants no interference. 6. This Court has carefully considered the rival submissions and perused the material on record. 7. The conferment of a doctoral degree is an academic function exercised by the Syndicate under the statutory framework. It is undisputed that the petitioner was subsequently exonerated and restored as a Research Guide. Such restoration operates - 10 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 prospectively and reinstates her eligibility to guide research scholars. 8. There is no statutory provision mandating automatic re-allotment of specific research scholars upon restoration of guideship. Supervision of research involves academic discretion, institutional regulation, and the consent of the concerned students. The communication dated 04.01.2020 indicates that the University considered the petitioner’s representation and declined re-allotment on the ground that the students were unwilling to return to guideship of the petitioner and some of them had already concluded their research. 9. The petitioner cannot claim a vested right over the guideship of students who had concluded their research during the pendency of the disciplinary proceedings. Once re-allotment had been made and academic process had progressed, the petitioner - 11 - HC-KAR NC: 2026:KHC-D:2474 WP No. 116947 of 2019 C/W WP No. 103627 of 2017 WP No. 130840 of 2020 cannot, as a matter of right, seek restoration of the same students. 10. The writ petitions lack merits and the communication dated 04.01.2020 is in accordance with law which warrants no interference by this Court. Accordingly, this Court pass the following: ORDER i. Writ Petition No.116947 of 2019 is dismissed as having become infructuous in view of the communication dated 04.01.2020. ii. Writ Petition Nos.103627 of 2017 and 130840 of 2020 are hereby dismissed as devoid of merit. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 1