Sri Jnanesh K M v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF APRIL, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA

CIVIL CONTEMPT PETITION NO. 1374 OF 2025

BETWEEN:

¶1SRI JNANESH K.M. S/O MANJUNATHASWAMY K.B. AGED ABOUT 27 YEARS RESIDING AT No.1136, 3RD MAIN 12TH CROSS, M.C. LAYOUT VIJAYANAGAR BANGALORE - 560 040 …COMPLAINANT (BY SRI SURAJ NAIK, ADVOCATE FOR SRI OMKAR KAMBI, ADVOCATE)

AND:

¶1STATE OF KARNATAKA DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001 …PRO FORMA RESPONDENT

¶2SANJAY B.S. UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION (COLLEGE EDUCATION) GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001

Digitally signed by AMBIKA H B Location: High Court of Karnataka NC:(2026:KHC:20077-DB( CCC(No.(1374(of(2025( ( , ,,HC-KAR( ( (

¶3MANJUSHREE N COMMISSIONER OF THE DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION FOR THE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001 …ACCUSED (BY SMT. NAMITHA MAHESH B.G., AGA)

THIS CCC IS FILED UNDER SECTION 11 AND 12 THE , CONTEMPT OF COURT ACT,1971 R/W ARTICLE 215 OF CONSTITUTION OF INDIA PRAYING TO INITIATE ACTION FOR CONTEMPT AGAINST THE ACCUSED, FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER OF THIS HON'BLE COURT DATED 20.12.2023 PASSED IN WRIT PETITION NO.28614/2023 VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶1The complainant has filed the present complaint alleging willful disobedience to the order dated 20.12.2023 passed in Writ Petition No.28614/2023 (S-KSAT). The said order simply reads as under: "stay"

¶2However, the same was modified by the order dated

19.02.2024 passed in a batch of petitions, which included Writ Petition No.28614/2023. The relevant extract of the said order is set out below: "Accordingly, the impugned order rendered by the KSAT in Application No.1512/1516/2023 vide Annexure-"B" is stayed. Further, the final selection list dated 03.03.2023 to the post of Assistant Professors vide Annexure-"A9" series is hereby stayed and the interim order of stay is confined to the petitioners only. It is clarified that the respondent/Authority shall not fill up the posts from which the petitioners have been displaced. However, the stay granted in this petition is subject to the result of this petition."

¶3The learned Additional Government Advocate has handed over a compliance affidavit, inter alia, affirming as under: "4. I state that in view of pending Writ Petitions in this Hon'ble Court, around 42 posts of Assistant Professors was kept vacant and in view of request of selected candidates, who were not party to proceedings before this Hon'ble Court, legal opinion was sought by the Department regarding confining vacancies to only those who were party to proceedings before this Hon'ble Court and issuing appointment orders to those selected candidates who were not party to proceedings. Accordingly, as per legal opinion to confine vacancies only to the extent of number of Petitioners, Karnataka Examination Authority was asked to furnish a list of candidates who were selected against the posts for which Petitioners had staked claim and after obtaining said information, appointment order were issued to 25 of selected candidates, who were not party to proceedings

and also to those who were selected against the posts for which Petitioners staked claim. The Copy of notification dated: 10.09.2025 is produced herewith and marked as Annexure-R1.

¶5I state that the Complainant had staked claim for post of Assistant Professor in Commerce and as per information submitted by Karnataka Examination Authority, the candidate selected against said post namely, Veerabhadrayya has not been issued appointment order by the Government and post is kept vacant till date. In view of said aspect, it is submitted that the post against which Complaint has staked claim has been kept vacant, especially in view of interim stay, thereby complying with orders of this Hon'ble Court in Writ Petition No.28614/2023 dated 20.12.2023."

¶4The learned counsel appearing for the complainant submits that although it is stated that certain posts have been kept vacant, there is no information in this regard.

¶5Plainly, that would not amount to disobedience of the orders passed by this Court.

¶6There are no grounds to disbelieve the averments made in the compliance affidavit.

¶7In view of the above, the complaint is closed.

¶8However, if the complainant finds that the statements affirmed in the compliance affidavit are incorrect, the complainant is at liberty to revive the present complaint.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (C.M. POONACHA) JUDGE

AHB List No.: 1 Sl No.: 8