Mrs Vasudha S v. The State of Karnataka

1, IN,THE,HIGH,COURT,OF,KARNATAKA,AT,BENGALURU, THDATED,THIS,THE,6 ,DAY,OF,MARCH,2026, BEFORE, THE,HON'BLE,MR.,JUSTICE,H.,T.,NARENDRA,PRASAD, WRIT(PETITION(NO.(24872(OF(2024((S-RES)( C/W( WRIT(PETITION(NO.(27878(OF(2023((S-RES)( WRIT(PETITION(NO.(9698(OF(2023((S-RES)( WRIT(PETITION(NO.(23717(OF(2024((S-RES)( WRIT(PETITION(NO.(200543(OF(2024((S-RES)( ( ( IN(WP(NO:24872/2024( BETWEEN:( , MRS,VASUDHA,S, AGED,36,YEARS, W/O,VIJAYA,RAJ,M, R/AT,DOOR,NO.,8-114, ND2 ,FLOOR,,SHANTHARAM,COMPLEX, KANADKA,,SHAKTHINAGAR, MANGALORE-575016., ...,PETITIONER, , (BY,SRI.,P,P,HEGDE,,SENIOR,COUNSEL,FOR, SRI.,VENKATESH,SOMAREDDY,,ADVOCATE), , AND( (

1., THE,STATE,OF,KARNATAKA, , REP.,BY,PRL.,SECRETARY, , DEPARTMENT,OF,HIGHER,EDUCATION, , M,S,BUILDING,,DR,B,R,AMBEDKAR,ROAD, , BANGALORE-560001., ,

2., THE,COMMISSIONER,OF,COLLEGIATE,EDUCATION, , PALACE,ROAD,,BANGALORE-560001., 2, ,

3., JOINT,DIRECTOR, , DEPARTMENT,OF,COLLEGIATE,EDUCATION, , GOVERNMENT,COLLEGE,CAMPUS, , HAMPANKATTA,,MANGALURU, , DAKSHINA,KANNADA-575001., ,

4., MANGALORE,UNIVERSITY, , REPRESENTED,BY,VICE,CHANCELLOR, , MANGALAGANGOTRI-574199., ,

5., THE,APOSTOLIC,CARMEL,EDUCATIONAL,SOCIETY,®, , KARNATAKA,,ST.,ANN'S,CONVENT, , MANGALORE-575001, , MANAGING,COMMITTEE,OF,ST.,AGNES,COLLEGE, , MANGALORE-575001, , REP.,BY,ITS,SECRETARY, ,

6., SELECTION,COMMITTEE,CONSITITUTED,IN, , PURSUANT,TO,THE,NOTIFICATION,DATED,30/01/2023, , VIDE,ANNEXURE,'B',AND, , REP.,BY,DR.,SR,LEONILLA,MENEZES,A.C., , CHAIRMAN-CUM-VICE,PRESIDENT,OF, , GOVERNING,BODY,THE,APOSTOLIC,CARMEL, , EDUCATIONAL,SOCIETY,®,, , ST.,ANN'S,CONVENT, , MANGALORE-575001., ...,RESPONDENTS, , (BY,SRI.REUBEN,JACOB,,AAG,FOR, SRI,G,RAMESH,NAIK,,AGA,FOR,R1,TO,R3:, MISS.,MEGHANA,BALLAL,,ADVOCATE,FOR,, SRI,VIVEK,HOLLA,,ADVOCATE,FOR,R5,&,R6:, R4,IS,SERVED,AND,UNREPRESENTED), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, APPROPRIATE, WRIT, OF, CERTIORARI, OR, ANY, OTHER, WRIT/, ORDERS, QUASHING, THE, ORDER, DATED, 28.03.2023, BEARING, 3, ORDER,NO.,ED,160,UPC,2022,VIDE,ANNEXURE,'G',PASSED,BY, THE,STATE,GOVERNMENT/RESPONDENT,NO.1,AND,ETC., IN(WP(NO:27878/2023( BETWEEN:( , SANTHOSH,P, S/O,LATE,PALANI, AGED,ABOUT,39,YEARS, PRESENTLY,WORKING,AS,GUEST,LECTURER, IN,COMMERCE,AT,ACHARYA,TULASI, NATIONAL,COLLEGE,OF,COMMERCE, SHIMOGA,AND, RESIDING,AT,NO.225,, CHOWDAMMA,TEMPLE,MAIN,ROAD, SINGANAMANE,,B,R,PROJECT, BHADRAVATHI,TALUK, SHIVAMOGA,DISTRICT, SHIMOGA-577115, ...,PETITIONER, , (BY,SRI.,A,NAGARAJAPPA,,ADVOCATE), , AND( (

1., THE,UNIVERSITY,GRANT,COMMISSION,(UGC), , BAHADURSHAH,ZAFAR,MARG, , NEW,DELHI-110002, , REP.,BY,ITS,SECRETARY, ,

2., THE,STATE,OF,KARNATAKA, , REP.,BY,ITS,SECRETARY, , DEPARTMENT,OF,HIGHER,EDUCATION, , M,S,BUILDING,,DR,B,R,AMBEDKAR,VEEDHI, , BANGALORE-560001., ,

3., THE,COMMISSIONER,OF,COLLEGIATE,, EDUCATION,IN,KARNATAKA, DR,AMBEDKAR,VEEDI, SAMPANGIRAM,NAGAR, , BANGALORE-560001., 4, ,

4., THE,NATIONAL,EDUCATION,SOCIETY,(R), , NEAR,MAHAVEER,CIRCLE, , BALRAJ,URS,ROAD, , SHIMOGA-577201, , REP.,BY,ITS,SECRETARY, ...,RESPONDENTS, , (BY,SRI.,REUBEN,JACOB,,AAG,FOR, SRI.,G,RAMESH,NAIK,,AGA,FOR,R2,&,R3:, SMT.,SARAVANA,P,,ADVOCATE,FOR,R1:, SRI.,M,NARAYANA,BHAT,,ADVOCATE,FOR,R4), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,,ISSUE, AN,ORDER,OR,DIRECTION,OR,WRIT,IN,THE,NATURE,OF,WRIT, OF, CERTIORARI, QUASHING, THE, AMENDED, ORDER/, NDCORRIGENDUM, DATED, 07.12.2023, ISSUED, BY, THE, 2 ,, RESPONDENT, IN, NO., ED, 160, UPC, 2022, (E), MARKED, AT, ANNEXURE-R,AND,ETC., , IN(WP(NO:9698/2023( BETWEEN:( ,

1., PRASANNA,KUMAR,T,K, , S/O,LATE,KALEGOWDA, , AGED,ABOUT,33,YEARS, , R/AT,THAGGAHALLI,VILLAGE,&,POST, , MANDYA,TALUK,&,DISTRICT, , MANDYA-571403., ,

2., SANTHOSH,P, , S/O,LATE,PALANI, , AGED,ABOUT,39,YEARS, , PRESENTLY,WORKING,AS,GUEST,, , LECTURER,IN,COMMERCE,AT,ACHARYA, , TULASI,NATIONAL,COLLEGE,OF,COMMERCE, , SHIMOGA,AND, , R/AT,NO.225,,CHOWDAMMA,TEMPLE,, 5, MAIN,ROAD,,SINGANAMANE,,, B,R,PROJECT,,BHADRAVATHI,TALUK,,, SHIVAMOGA,DISTRICT, , SHIMOGA-577115., ,

3., SMT.,ANUSUYA,KAMATH, , W/O,NAVEEN,CHANDRA,SHENOY, , AGED,ABOUT,36,YEARS, , PRESENTLY,WORKING,AS,ASSISTANT,PROFESSOR, , IN,SOCIAL,WORK,AT,SCHOOL,OF,SOCIAL,WORK, , ROSHNI,NILAYA,,MANGALORE, , KANKANADY-575002, , DAKSHINA,KANNADA,DISTRICT, , R/AT,DAMODAR,KRIPA, , OPPOSITE,OF,BUS,STAND, , BELMAN,,KARKALA,,UDUPI-576111, ,

4., SMT.,ANURADHA,SHETTY, , W/O,SUBHASH,SHETTY, PRESENTLY,WORKING,AS,, ASSISTANT,PROFESSOR,IN,SOCIAL,WORK,, AT,SCHOOL,OF,SOCIAL,WORK, , ROSHNI,NILAYA,,MANGALORE-575002, , DAKSHINA,KANNADA,DISTRICT, , R/AT,DURGA,KRIPA, , RAGHAVENDRA,MATT,ROAD, KULAI,HOSABETTU,,SURATKAL, DAKSHINA,KANNADA,DISTRICT, ...,PETITIONERS, , (BY,SRI.,NAGARAJAPPA,A,,ADVOCATE), , AND( (

1., THE,UNIVERSITY,GRANT,COMMISSION,(UGC), , BAHADURSHAH,ZAFAR,MARG, , NEW,DELHI-110002, , REP.,BY,ITS,SECRETARY, , ,

2., THE,STATE,OF,KARNATAKA, , REP.,BY,ITS.,SECRETARY, , DEPARTMENT,OF,HIGHER,EDUCATION, , M,S,BUILDING,,DR,B,R,AMBEDKAR,VEEDHI, 6, , BANGALORE-560001., ,

3., THE,COMMISSIONER,FOR,COLLEGIATE,EDUCATION, , IN,KARNATAKA,,AMBEDKAR,VEEDI, , SAMPANGIRAM,NAGAR, , BANGALORE-560001.,

4., THE,DHARMAPRAKASHA,D,BANUMAIAH'S,, , EDUCATIONAL,INSTITUTION,, , D,BANUMAIAH'S,COLLEGE,OF,COMMERCE,AND,ARTS, , NEW,SAYYAJI,RAO,ROAD, , MYSORE-570004, , REP.,BY,ITS,SECRETARY, ,

5., THE,NATIONAL,EDUCATION,SOCIETY,(R), , NEAR,MAHAVEER,CIRCLE, , BALRAJ,URS,ROAD, , SHIMOGA-577201, , REP.,BY,ITS,SECRETARY, ,

6., THE,INSTITUTE,OF,SOCIAL,SERVICE, , ROSHNI,NILAYA,,MANGALORE-575002, , REP.,BY,ITS,SECRETARY., ...,RESPONDENTS, , (BY,SRI.,REUBEN,JACOB,,AAG,FOR, SRI.,G,RAMESH,NAIK,,AGA,FOR,R2,&,R3:,, SRI.,SHOWRI,H,R,,ADVOCATE,FOR,R1:, SRI.,KALEEMULLAH,SHARIFF,,ADVOCATE,FOR,R4:, SRI.,M,NARAYANA,BHAT,,ADVOCATE,FOR,R5:, R6,IS,SERVED,AND,UNREPRESENTED), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, AN,ORDER,OR,DIRECTION,OR,WRIT,IN,THE,NATURE,OF,WRIT, OF,CERTIORARI,QUASHING,THE,GOVERNMENT,ORDER,DATED,

28.03.2023,IN,NO.,ED,160,UPC,2022,MARKED,AT,ANNEXURE-L, NDISSUED,BY,THE,2 ,RESPONDENT., , 7, IN(WP(NO:23717/2024( BETWEEN:( , DR.,MANJUSHRI,C,SHETTY, AGED,39,YEARS, W/O,CHANDRAHASA,SHETTY, R/AT,"ASHRAYA", HOSAMANE,KANTHAPPA,ROAD, PUMPWELL,,KANKANADAY, MANGALORE-575002., ...,PETITIONER, , (BY,SRI.,P,P,HEGDE,,SENIOR,COUNSEL,FOR, SRI.,VENKATESH,SOMAREDDY,,ADVOCATE), , AND( (

1., THE,STATE,OF,KARNATAKA, , REP.,BY,PRL.,SECRETARY, , DEPARTMENT,OF,HIGHER,EDUCATION, , M,S,BUILDING,,DR,B,R,AMBEDKAR,ROAD, , BANGALORE-560001., ,

2., THE,COMMISSIONER,OF,, COLLEGIATE,EDUCATION, , PALACE,ROAD,,BANGALORE-560001., ,

3., JOINT,DIRECTOR, , DEPARTMENT,OF,COLLEGIATE,EDUCATION, , GOVERNMENT,COLLEGE,CAMPUS, , HAMPANKATTA,,MANGALURU, , DAKSHINA,KANNADA-575001., ,

4., MANGALORE,UNIVERSITY, , REPRESENTED,BY,VICE,CHANCELLOR, , MANGALAGANGOTRI-574199., ,

5., THE,APOSTOLIC,CARMEL,EDUCATIONAL,SOCIETY,®, , KARNATAKA,,ST.,ANN'S,CONVENT, , MANGALORE-575001, , MANAGING,COMMITTEE,OF,ST.,AGNES,COLLEGE, , MANGALORE-575001, 8, , REP.,BY,ITS,SECRETARY, ,

6., SELECTION,COMMITTEE,CONSITITUTED,IN, PURSUANT,TO,THE,NOTIFICATION,DATED,30/01/2023, , VIDE,ANNEXURE,'B',AND, , REP.,BY,DR.,SR,LEONILLA,MENEZES,A.C., , CHAIRMAN-CUM-VICE,PRESIDENT,OF, , GOVERNING,BODY,THE,APOSTOLIC,CARMEL, , EDUCATIONAL,SOCIETY,®,, , ST.,ANN'S,CONVENT, , MANGALORE-575001., ...,RESPONDENTS, , (BY,SRI.,REUBEN,JACOB,,AAG,FOR, SRI.,G,RAMESH,NAIK,,AGA,FOR,R1,TO,R3:, SMT.,MEGHANA,BALLAL,,ADVOCATE,FOR,, SRI.,VIVEK,HOLLA,,ADVOCATE,FOR,R5,&,R6:, R4,IS,SERVED,AND,UNREPRESENTED), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,,ISSUE, APPROPRIATE, WRIT, OF, CERTIORARI, OR, ANY, OTHER, WRIT/, ORDERS, QUASHING, THE, ORDER, DATED, 28.03.2023, BEARING, ORDER, NO., ED, 160, UPC, 2022, VIDE, ANNEXURE, 'G', , , AND, ORDER,DATED,07.12.2023,BEARING,ORDER,NO:,ED,160,UPC, 2022, (E), VIDE, ANNEXURE, 'H', PASSED, BY, THE, STATE, GOVERNMENT/RESPONDENT,NO.1,AND,ETC., , IN(WP(NO:200543/2024( BETWEEN:( , SRI.,ASHWIN,L,CHAVAN, S/O,LATE,LAXMAN,RAO,CHAVAN, AGED,ABOUT,32,YEARS, WORKING,AS,AN,ASSISTANT,PROFESSOR-CUM-HOD, ECONOMICS,&,NCC,OFFICER, KARNATAKA,ARTS,,SCIENCE,&,COMMERCE,COLLEGE, BIDAR,AND,AN,INSTITUTION,FUNCTIONING, 9, UNDER,THE,KARNATAKA,RASTREEYA,EDUCATION, SOCIETY,,BIDAR, NEAR,BASAVESHWARA,CIRCLE, UDGIR,,HYDERABAD,ROAD,,BIDAR-585401., ...,PETITIONER, , (BY,SRI.,A,NAGARAJAPPA,,ADVOCATE), , AND( (

1., THE,UNIVERSITY,GRANT,COMMISSION,(UGC), , BAHADURSHAH,ZAFAR,MARG, , NEW,DELHI-110002, , REP.,BY,ITS,SECRETARY, ,

2., THE,STATE,OF,KARNATAKA, , REP.,BY,ITS,UNDER,SECRETARY, , DEPARTMENT,OF,HIGHER,EDUCATION, (COLLEGE,EDUCATION), MULTISTOREYED,BUILDING, DR,B,R,AMBEDKAR,VEEDHI, , BANGALORE-560001., ,

3., THE,COMMISSIONER,FOR,COLLEGIATE,, EDUCATION,IN,KARNATAKA, DR,AMBEDKAR,VEEDI, SAMPANGIRAM,NAGAR, , BANGALORE-560001., ,

¶4THE,KARNATAKA,RASTREEYA,, EDUCATION,SOCIETY,, , BIDAR,,HYDERABAD,ROAD, , BIDAR-585401, , REP.,BY,ITS,PRESEIDENT, ,

5., SRI.,RAJAKUMAR, , AGED,ABOUT,45,YEARS, , S/O,SRI.,AMBARAYA, , BANNUR,,AURAD,(B), , KALABURGI-585316., ,

6., DR.,HANIKA,PATIL, , AGED,ABOUT,40,YEARS, 10, , D/O,SRI.,S,BASAVARAJ, , R/AT,NO.,03,RATNA,NILAYA, , MOTTEE,LAYOUT,,OLD,ADARSH,COLONY, , BIDAR-585401.,, ...,RESPONDENTS, , (BY,SRI.,REUBEN,JACOB,,AAG,FOR, SRI.,G,RAMESH,NAIK,,AGA,FOR,R2,&,R3:, SRI.,SUDHIR,SINGH,R,VIJAPUR,,,ADVOCATE,FOR,R1:, SRI.,RAVI,B,PATIL,,ADVOCATE,FOR,R4:,, SRI.,VIJAYA,SIMHA,REDDY,,ADVOCATE,FOR,R5,&,R6), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, PRAYING, TO, ISSUE, AN, ORDER, OR, DIRECTION, OR, WRIT,IN,THE,NATURE,OF,WRIT,OF,CERTIORARI,QUASHING,THE, GOVERNMENT,ORDER,DATED,28.03.2023,IN,NO.,ED,160,UPC, ND2022, ISSUED, BY, 2 , RESPONDENT, MARKED, AT, ANNEXURE-E, AND,AS,WELL,AS,THE,CORRIGENDUM,ORDER/AMENDED,ORDER, PRODUCED,AT,ANNEXURE-H,DATED,07.12.2023,IN,NO.,ED,160, NDUPC,2022,(E),ISSUED,BY,2 ,RESPONDENT,AND,ETC., , THESE, WRIT, PETITIONS,, HAVING, BEEN, HEARD, AND, RESERVED, FOR, ORDERS, ON, 25.02.2026,, COMING, ON, FOR, PRONOUNCEMENT,, THIS, DAY,, THE, COURT, MADE, THE, FOLLOWING,ORDER:, ( , CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD, ( CAV(ORDER( ( These,writ,petitions,are,filed,under,Articles,226, and, 227, of, the, Constitution, of, India, challenging, the, Government, Orders, dated, 28.03.2023, and,

07.12.2023, produced as Annexures G and H, respectively, in W.P. No. 24872/2024 and other reliefs.

¶2The brief facts of the case are that the respondent–private aided educational institutions issued notifications on different dates inviting applications to fill up the posts of Assistant Professors in various faculties. Pursuant to the said notifications, the petitioners applied for the posts of Assistant Professors. As per the University Grants Commission Regulations, 2018 (for short, 'UGC Regulations), the method of selection involves short-listing candidates who are qualified for appointment as Assistant Professors in accordance with the criteria prescribed under the UGC Regulations in Table 3B. The college is required to decide the number of candidates to be called for interview. The Government issued the impugned Government Orders prescribing different

criteria for short-listing candidates and fixed a ratio of 1:5 for calling candidates for interview. The petitioners contend that the impugned Government Orders are contrary to the UGC Regulations. Being aggrieved, the petitioners are before this Court.

¶3In W.P.No.24872/2024, apart from mainly challenging Annexures G and H, an additional prayer seeking a writ of mandamus directing regularization of services has also been sought.

¶4Sri P.P. Hegde, learned Senior Counsel appearing for the petitioners in W.P. Nos. 24872/2024 and 23717/2024, raised the following contentions:

(i) The UGC Regulations are mandatory in nature and binding on all Universities, both the State and Central Governments. The Regulations are framed under the UGC Act enacted by Parliament under Entry 66 of List I of the Seventh Schedule to the

Constitution of India. Though the State Government is empowered to legislate under Entry 25 of List III under the Concurrent List relating to education, in the event of any inconsistency between State legislation and the UGC Act or the Regulations framed thereunder, the UGC Act and the Regulations prevail. Therefore, the impugned Government Orders issued by the respondent–State are contrary to the UGC Regulations and are unsustainable. In support of this contention, reliance is placed on the judgment of the Apex Court in MANDEEP SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS reported in 2025 SCC Online SC 1420.

(ii) The impugned Government Orders were issued in the midst of the selection process. Once the selection process has commenced, the method of selection cannot be altered.

(iii) The Government issued an order dated

28.03.2023 vide Annexure G and thereafter issued a modified order dated 07.12.2023 vide Annexure-H. Both orders are contrary to the UGC Regulations and are alleged to have been issued to favour certain candidates.

(iv) The State Government has no authority to tinker with the UGC Regulations. Hence, it is prayed that the writ petitions be allowed.

¶5Sri A. Nagarajappa, learned counsel appearing for the petitioners in W.P.Nos.9698/2023, 27878/2023 and 200543/ 2024, raised the following contentions:

(i) The impugned Government Orders are without authority of law and contrary to the UGC Regulations.

(ii) As per the UGC Regulations, the college has the discretion to decide the number of candidates to

be called for interview. Contrary thereto, the State Government has fixed a ratio of 1:5 for calling candidates for interview, which is contrary to the UGC Regulations.

(iii) The vacancies in question have arisen from the year 2015 onwards, and the private managements have been recruiting Assistant Professors from time to time. For the first time, the Government has issued such Government Orders. This amounts to discrimination and violates Article of the Constitution of India. It is further contended that once the selection process has commenced, there cannot be any change in the rules governing the selection. In support of this contention, reliance is placed on the judgment of the Apex Court in SIVANANDAN C.T. AND OTHERS VS. HIGH COURT OF KERALA AND OTHERS reported in (2024) 3 SCC 799.

¶6Per contra, Sri Reuben Jacob, learned Additional Advocate General appearing for the State, raised the following contentions:

(i) The impugned Government Orders dated

28.03.2023 and 07.12.2023 were issued before candidates were called for interview. In certain colleges, interviews have not yet been conducted.

(ii) Under the UGC Regulations, Table 3B prescribes the criteria for short-listing candidates for interview for the posts of Assistant Professors. The impugned Government Orders prescribe criteria only for conducting the interview. In order to maintain uniformity across aided institutions, the Government issued instructions regarding the method of conducting interviews. The Government has not interfered with or altered the short-listing criteria prescribed under Table 3B. The candidates were short-listed strictly in accordance with Table 3B, and

at no point has the criteria under the UGC Regulations been dispensed with. Therefore, the contention that the UGC Regulations have been tinkered with is unsustainable.

(iii) The private managements are running aided institutions and receive grants from the Government. Therefore, the Government is competent to issue instructions to ensure uniformity in the conduct of interviews. The UGC Regulations are silent regarding the method of conducting interviews. The respondent– colleges themselves have not challenged the impugned Government Orders.

(iv) Under Clause 6(I) – Selection Procedure of the UGC Regulations, the overall selection procedure must be transparent, objective, and based on a credible methodology for evaluating the merits and credentials of the applicants, including weightage assigned to performance under various parameters as

per Table 3B. Since the Regulations do not prescribe specific criteria for conducting interviews, the Government issued the impugned Government Orders fixing common criteria for all colleges. In support of this contention, reliance is placed on the judgments of the Apex Court in STATE OF T.N. AND ANOTHER VS. S.V. BRATHEEP (MINOR) AND OTHERS, reported in (2004) 4 SCC 513; TEJ PRAKASH PATHAK AND OTHERS VS. RAJASTHAN HIGH COURT AND OTHERS, reported in (2025) 2 SCC 1; and DHANANJAY MALIK VS. STATE OF UTTARANCHAL, reported in (2008) 4 SCC 171.

¶7The learned counsel appearing for the respondent–Managements adopted the arguments advanced by the learned Additional Advocate General.

¶8Heard the learned counsel for the parties and perused the writ petition papers.

¶9The respondent–private managements issued notifications inviting applications for the post of Assistant Professor in various faculties. The notifications were issued on different dates. For the sake of convenience, a chart is prepared hereinbelow:- Sl.

Writ Petition Details Subject No of Petitio ners Name of the Aided College Permission Date News Paper Notification date Interview Conducted Date VASUDHA S 38596/2024 Physical Cultural Instructor St. Agnes College, Mangaluru

30.01.2023

23.02.2023

01.04.2024 DR MANJUSHRI C SHETTY 23717/2024 ECONOMICS St. Agnes College, Mangaluru

30.01.2023

23.02.2023

04.01.2024 ASHWINI L CHAVAN 200543/2024 ECONOMICS Karnataka Arts, Science & Commerce College

21.03.2023

25.03.2023

26.02.2024 to

02.03.2024 SANTHOSH P 27878/2023 COMMERCE National Education Society

08.03.2023

16.03.2023 Interview not Conducted PRASANNA KUMAR T K 9698/2023 Physical Cultural Instructor D Banumaiah Educational Institution Society, Mysore

08.03.2023

16.03.2023 Interview not Conducted for PCI Post SANTHOSH P 9698/2023 COMMERCE National Education

08.03.2023

16.03.2023 Interview not Conducted SMT ANUSUYA KAMATH 9698/2023 Social Work Roshini Nilaya School of Social Work

08.02.2023

16.03.2023

16.01.2024 SMT. ANURADHA SHETTY 9698/2023 Social Work Roshini Nilaya School of Social Work

08.02.2023

16.03.2023

16.01.2024

¶10As per the UGC Regulations, 2018, Regulation No.4.1 prescribed the qualification to the post of Assistant Professor. The same is extracted below: "I. Assistant Professor: Eligibility (A or B): A.

i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.

ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/PhD Degree) Regulations, 2009 or 2016 and their

amendments from time to time as the case may be exempted from NET/SLET/SET. Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/ Institutions subject to the fulfillment of the following conditions: a) The Ph.D. degree of the candidate has been awarded in a regular mode; b) The Ph.D. thesis has been evaluated by at least two external examiners;

(C) An open Ph.D. viva voce of the candidate has been conducted; d) The Candidate has published two research papers from his/her Ph.D. work, least one is in a refereed journal; e) The candidate has presented at least two papers based on his/her PhD conferences/seminars sponsored/ funded/

supported by the UGC/ICSSR/CSIR or any similar agency. The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned. Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET. OR B. The Ph.D degree has been obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following: (1) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities

(ARWU) of the Shanghai Jiao Tong University (Shanghai).

Note: The Academic score as specified in Appendix II (Table 3A) for Universities, and Appendix 3B) for Colleges, shall be considered for short-listing of the candidates for interview only, and the selections shall be based only on the performance in the interview."

¶11In the note to the Regulation No.4.1 – Assistant Professor, it is very clear that, for short-listing of the candidates for an interview, the Table 3B mentioned in Appendix II has to be considered. The Table 3B is extracted below: "Table: 3B Criteria for Short-listing of candidates for Interview for the Post of Assistant Professors in Colleges.

S.N Academic Record Score Graduation 8% & above 60% to less than 80%=19 55% to less than 60%=16 45% to less than 55%=10 Post-Graduation 80% & above=25 60% to less than 80%=23 55% (50% in case of SC/ST/OBC (non-creamy layer)/PWD) to less than 60%=20 M.Phil. 60% & above=07 55 % to less than 60% =05 Ph.D. NET with JRF

NET

SLET/SET Research Publications (2 marks for each research publications published in Peer-Reviewed or UGC-listed Journals) Teaching/Post Doctoral Experience ( 2 marks for one year each) # Awards

International/National Level (Awards given by International Organizations/Government of India/ Government of India recognized National

Level Bodies)

State-Level (Awards given by State Government)

# However, if the period of teaching/post-doctoral experience is less than one year then the marks shall be reduced proportionately. Note:

(A)

(i) M Phil.+Ph.D.

Maximum -

25 Marks

(ii) JRF/NET/SET

Maximum -

10 Marks

(iii) In awards category Maximum -

03 Marks

(B) Number of candidates to be called for interview shall be decided by the college.

(C) Academic Score

-

Research Publications -

Teaching Experience

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(D) SLET/SET score shall be valid for appointment in respective State Universities/ Colleges/Institutions only."

¶12In all these cases, the respondent–colleges have short-listed the candidates for interview to the post of Assistant Professor on the basis of the criteria prescribed under Table 3B mentioned hereinabove. The impugned Government Order dated 28.03.2023 vide Annexure-G issued by the State Government fixes the criteria only for conducting the interview and not for short-listing the candidates. The operative portion of the said Government Order is extracted below: "¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀ CA±ÀUÀ¼À »£É߯ÉAiÀÄ°è, SÁ¸ÀV C£ÀÄzÁ¤vÀ ¥ÀæxÀªÀÄ zÀeÉð PÁ¯ÉÃdÄUÀ¼À°è ¢£ÁAPÀ:

31.12.2015 gÉƼÀUÉ ««zsÀ PÁgÀtUÀ½AzÀ SÁ°AiÀiÁzÀ ¨ÉÆÃzsÀPÀ ºÀÄzÉÝUÀ¼À£ÀÄß ¨sÀwð ªÀiÁrPÉƼÀî®Ä ¸ÀPÁðgÀzÀ C£ÀĪÀÄw ¤ÃrzÀÄÝ CzÀgÀAvÉ DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ C¢ü¸ÀÆZÀ£É ºÉÆgÀr¹ C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ¸À«Äw ªÀÄÆ®PÀ ¸ÀAzÀ±Àð£À £Àqɹ ¨sÀwð ªÀiÁrPÉƼÀî®Ä (¸ÀAzÀ±Àð£À £ÀqɸÀ®Ä ¥Àæ¸ÀÄÛvÀ ¨ÁQ EgÀĪÀ J¯Áè ¥ÀæPÀgÀtUÀ¼ÀÄ M¼ÀUÉÆAqÀAvÉ) F PɼÀPÀAqÀ µÀgÀvÀÄÛ/ ªÀiÁ£ÀzÀAqÀUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¹ DzÉò¹zÉ.

1) SÁ° ºÀÄzÉÝ ¨sÀwðUÉ ¸ÀA§A¢ü¹zÀAvÉ AiÀÄÄf¹ C¢ü¸ÀÆZÀ£É UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018 DATED:

18.07.2018 gÀ mÉç¯ï-3© gÀ°è ¤UÀ¢ü ¥Àr¸À¯ÁVgÀĪÀAvÉ, Cfð ¸À°è¹gÀĪÀ C¨sÀåyðUÀ½UÉ CAPÀUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¹ 1:5 C£ÀÄ¥ÁvÀzÀ°è C¨sÀåyðUÀ¼À£ÀÄß ¸ÀAzÀ±Àð£ÀPÉÌ DºÁ餸ÀĪÀÅzÀÄ. 2) ¸ÀAzÀ±Àð£ÀPÉÌ DAiÉÄÌAiÀiÁzÀ C¨sÀåyðUÀ½UÉ ¸ÀAzÀ±Àð£ÀzÀ PÀgÉAiÀÄ£ÀÄß jf¸ÀÖgï ¥ÉÆøïÖ/¹àÃqï ¥ÉÆøïÖ ªÀÄÄSÁAvÀgÀ gÀªÁ¤¸ÀĪÀÅzÀÄ. 3) ¸ÀAzÀ±Àð£ÀPÉÌ F PɼÀV£ÀAvÉ 110 CAPÀUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¸ÀĪÀÅzÀÄ. The modified portion of the said Government Order dated 07.12.2023 vide Annexure-H which is to be read in continuance of the order, is as below:

wzÀÄÝ¥Àr DzÉñÀ

¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå: Er 160 AiÀÄĦ¹ 2022 (E) ¢£ÁAPÀ: 28-03-2023 gÀ°è£À DzÉñÀ ¨sÁUÀzÀ°è£À Table C£ÀÄß F PɼÀPÀAqÀAvÉ ¨sÁUÀ±ÀB w¢Ý N¢PÉƼÀîvÀPÀÌzÀÄÝ.

Table Sl. No. Academic Record Score Graduation 80% & above=21 60% to less than 80%=19 55% to less than 60%=16 45% to less than 55%=10 Post-Graduation 80% & above=25 60% to less than 80%=23 55% (50% in case of SC/ST/OBC (non-creamy layer)/PWD) to less than 60%=20 Ph.D NET with JRF

NET

SLET/SET Research Publications(2 marks for each research publications published in UGC – CARE listed journals) Teaching/Post Doctoral Experience (2 Marks for one year each) Awards

International/National Level (Awards given by International Organizations/ Government of India/ government of India recognized National Level Bodies) Domain Knowledge («µÀAiÀÄ ¥ÀjtÂw) Communication skills (¸ÀAªÀºÀ£À P˱À®å)

Note: A.

(i) Ph.D. Maximum -15 Marks

(ii) JRF/NET/SET Maximum -10 Marks

(iii) awards category Maximum -03 Marks

B. Academic Score-74 (Graduation+Post-Graduation+Ph.D+JRF/NET/SET+ Awards category) Research Publication-06 Teaching Experience-10

Total=90

C. SLET/SET score shall be valid for appointment in respective State Universities/Colleges/institutions only.

D. Domain Knowledge-10 & Communication Skills-10

Total=20

Grand total=110

ªÀÄÄAzÀĪÀgÉzÀÄ, C£ÀÄzÁ¤vÀ ¸ÀA¸ÉÜUÀ¼À°è£À ¨ÉÆÃzsÀPÀ ºÀÄzÉÝÉUÀ¼À£ÀÄß ¨sÀwð ªÀiÁrPÉƼÀÄîªÀ°è F PɼÀPÀAqÀ µÀgÀvÀÄÛ/ªÀiÁ£ÀzÀAqÀUÀ¼À£ÀéAiÀÄ PÀæªÀĪÀ»¸ÀĪÀAvÉ w½¹zÉ.

¶1C¨sÀåyðUÀ¼ÀÄ ¸ÀAzÀ±Àð£ÀzÀ°è MlÄÖ 110 CAPÀUÀ½UÉ ¥ÀqÉAiÀÄĪÀ CAPÀUÀ¼À DzsÁgÀzÀ ªÉÄïÉAiÉÄà C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ªÀiÁqÀĪÀÅzÀÄ. ºÁUÀÆ SÁ° ºÀÄzÉÝ ¨sÀwðUÉ ¸ÀA§A¢ü¹zÀAvÉ DqÀ½vÀ ªÀÄAqÀ½UÀ½UÉ ºÀÄzÉÝ ¨sÀwðUÉ C£ÀĪÀÄw ¤ÃqÀĪÁUÀ gÁµÀÖç

ªÀÄlÖzÀ CxÀªÁ gÁdå ªÀÄlÖzÀ°è ºÉZÀÄÑ ¥Àæ¸ÁgÀzÀ°ègÀĪÀ MAzÀÄ PÀ£ÀßqÀ ªÀÄvÀÄÛ MAzÀÄ EAVèÃµï ¢£À ¥ÀwæPÉAiÀÄ°è ºÀÄzÉÝ ¨sÀwðUÉ ¸ÀA§A¢ü¹zÀAvÉ «ªÀgÀªÁzÀ eÁ»ÃgÁvÀÄ ¤ÃqÀĪÀÅzÀÄ.

¶2DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ C¢ü¸ÀÆZÀ£É ºÉÆgÀr¹ C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ¸À«Äw ªÀÄÆ®PÀ ¸ÀAzÀ±Àð£À £ÀqɸÀĪÀ ¸ÀAzÀ¨sÀðzÀ°è C¨sÀåyðUÀ½UÉ ¥ÀÆuÁðAPÀªÀ£ÀÄß ªÀiÁvÀæ ¤ÃqÀĪÀÅzÀÄ.

¶3DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ FUÁUÀ¯Éà C£ÀĪÀÄw ¥ÀqÉzÀÄ ¢£ÁAPÀ: 28.03.2023 QÌAvÀ ¥ÀƪÀðzÀ°è ºÁUÀÆ ¢£ÁAPÀ:

28.03.2023gÀ £ÀAvÀgÀ ¥ÀwæPÁ C¢ü¸ÀÆZÀ£É ºÉÆgÀr¹gÀĪÀ ¥ÀæPÀgÀtUÀ¼À®Æè ¸ÀºÀ ¸ÀAzÀ±Àð£À £ÀqɸÀzÉà ¨ÁQ G½¢gÀĪÀ £ÉêÀÄPÁw ¥ÀæQæAiÉÄUÀ¼À£ÀÄß PÀqÁØAiÀĪÁV wzÀÄÝ¥Àr DzÉñÀzÀ°è£À ¤zÉÃð±À£ÀzÀAvÉ ¥Á°¹ DAiÉÄÌ ¥ÀæQæAiÉÄUÀ¼À£ÀÄß PÉÊUÉƼÀîvÀPÀÌzÀÄÝ. G½zÀAvÉ ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå; Er 160 AiÀÄĦ¹ 2022, ¢£ÁAPÀ:28.03.2023 gÀ°è AiÀiÁªÀÅzÉà §zÀ¯ÁªÀuÉ EgÀĪÀÅ¢®è."

¶13In the impugned Government Order dated

28.03.2023, at Item No. 3, it is clearly specified that 110 marks have been fixed for conducting the interview. Therefore, the contention of the petitioners that, by the impugned order, the State Government has prescribed a separate table for short-listing

candidates for interview is incorrect and unsustainable.

¶14With regard to the method and criteria for conducting the interview, the UGC Regulations are silent. Clause 6(I) of the Regulations specifies the method for the overall selection process. The same is extracted below: "6.0 SELECTION PROCEDURE:

I. The overall selection procedure shall incorporate transparent, objective and credible methodology of analysis of the merits and credentials of the applicants based on the weightage given to the performance of the candidate in different relevant parameters and his/her performance on a grading system proforma, based on Appendix II, Tables 1, 2, 3A, 3B, 4 and 5"

¶15From the above, it is clear that the overall selection process shall be conducted in a transparent, objective and credible manner, involving an analysis

of the merits and credentials of the applicants based upon the weightage assigned to the performance of the candidates under different relevant parameters and their performance on a grading system proforma, based on Appendix II, Tables 1, 2, 3A, 3B, 4 and 5.

¶16On this basis, the Government has issued the impugned Government Orders prescribing certain marks and laying down the criteria for allotment of marks in the interview. The Government has also fixed a ratio of 1:5 for calling candidates for interview. Though, as per the UGC Regulations, the number of candidates to be called for interview is to be decided by the colleges, the institutions in question are aided institutions receiving Government aid. In order to maintain uniformity among all aided colleges in the matter of selection, the Government has issued the impugned orders. Therefore, the impugned orders are in conformity with the UGC Regulations.

¶17Hence, the contention of the petitioners that the respondent–State Government has tinkered with the UGC Regulations in the matter of selection of Assistant Professors in the respondent–colleges is unsustainable.

¶18It is evident from Government Orders at Annexures G and H that they pertain only to the criteria for conducting the interview. Both Government Orders were issued before the colleges conducted the interviews, as is evident from the chart set out above. Therefore, the contention of the petitioners that the Government Orders were issued in the midst of the selection process cannot be accepted.

¶19These writ petitions are devoid of merit and are accordingly dismissed.

¶20Insofar as petitioner No. 2 in W.P. No. 9698/2023 is concerned, the learned counsel for the

petitioners has filed a memo seeking permission to withdraw the writ petition as against the said petitioner. The memo is taken on record. Accordingly, W.P.No.9698/2023, insofar as petitioner No. 2 – Santhosh P., is concerned, is dismissed as withdrawn.

¶21The learned counsel for the petitioner in W.P.No.27878/2023 has also filed a memo seeking permission to withdraw the writ petition. The memo is taken on record. Accordingly, W.P. No. 27878/2023 is dismissed as withdrawn.

¶22In W.P.No.24872/2025, the petitioners have also sought a writ of mandamus directing regularization of their services. Insofar as the said relief is concerned, liberty is reserved to the petitioners to submit appropriate representations, along with necessary documents, before the competent authority, who shall consider the same in accordance with law.

In view of dismissal of the main matters, all pending applications stand disposed of.

Sd/- (H. T. NARENDRA PRASAD) JUDGE

Cm/-