Karnataka High Court
Dr Dileep Kukmar vs The State Of Karnataka on 12 November, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2025:KHC-K:6763-DB
WA No. 200242 of 2025
C/W WA No. 200241 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO. 200242 OF 2025 (S-RES)
C/W
WRIT APPEAL NO. 200241 OF 2025 (S-RES)
IN W.A.NO.200242/2025
BETWEEN:
SRI. NARASAPPA
S/O HUSAINAPPA,
AGED 31 YEARS,
R/AT: SINGANODI VILLAGE AND POST,
NEAR CHURCH SINGANODI,
RAICHUR TALUK,
Digitally signed by
BASALINGAPPA
RAICHUR DISTRICT - 584 102.
SHIVARAJ
DHUTTARGAON
Location: HIGH COURT
...APPELLANT
OF KARNATAKA
(BY SRI H.MOHAN KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE,
OFFICE AT NO.414, 4TH FLOOR,
GATE NO.3, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
-2-
NC: 2025:KHC-K:6763-DB
WA No. 200242 of 2025
C/W WA No. 200241 of 2025
HC-KAR
2. THE UNIVERSITY GRANTS COMMISSION,
BAHADUR SHA JAFFER MARG.
NEW DELHI - 110 002.
REPRESENTED BY ITS CHAIRMAN.
3. THE UNIVERSITY OF AGRICULTURAL SCIENCES,
OFFICE OF THE REGISTRAR,
UAS, RAICHUR - 584 104.
REP. BY ITS REGISTRAR
RESPONDENT NO.3.
4. THE ADMINISTRATIVE OFFICER,
UNIVERSITY OF AGRICULTURAL SCIENCES,
GKVK, BENGALURU - 560 065.
...RESPONDENTS
(BY SRI VIRANAGOUDA M.BIRADAR, A.G.A. FOR R1;
SRI SUDHIRSING R.VIJAPUR, D.S.G.I., FOR R2;
SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL APPEARED FOR
SRI MAHANTESH PATIL, ADVOCATE FOR R3;
SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET -ASIDE THE
ORDER DATED 04.08.2025 IN WP NO.203428/2024 (S-RES)
PASSED BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE
COURT BY ALLOWING THE APPEAL, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
IN W.A.NO.200241/2025
BETWEEN:
DR. DILEEP KUMAR
S/O SHREEMANT,
AGED 42 YEARS,
R/AT: BHALKHED, ALAND TALUK,
KALABURAGI DISTRICT - 585 314.
...APPELLANT
(BY SRI H.MOHAN KUMAR, ADVOCATE)
-3-
NC: 2025:KHC-K:6763-DB
WA No. 200242 of 2025
C/W WA No. 200241 of 2025
HC-KAR
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE,
OFFICE AT NO.414, 4TH FLOOR,
GATE NO.3, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE UNIVERSITY GRANTS COMMISSION,
BAHADUR SHA JAFFER MARG.
NEW DELHI - 110 002.
REPRESENTED BY ITS CHAIRMAN.
3. THE UNIVERSITY OF AGRICULTURAL SCIENCES,
OFFICE OF THE REGISTRAR,
UAS, RAICHUR - 584 104.
REP. BY ITS REGISTRAR
RESPONDENT NO.3.
...RESPONDENTS
(BY SRI VIRANAGOUDA M.BIRADAR, A.G.A. FOR R1;
SRI SUDHIRSING R.VIJAPUR, D.S.G.I., FOR R2;
SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL APPEARED FOR
SRI MAHANTESH PATIL, ADVOCATE FOR C/R-3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET-ASIDE THE
ORDER DATED 04.08.2025 IN WP NO.202940/2024 (S-RES)
PASSED BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE
COURT BY ALLOWING THE APPEAL, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THESE WRIT APPEALS, COMING ON FOR ADMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
-4-
NC: 2025:KHC-K:6763-DB
WA No. 200242 of 2025
C/W WA No. 200241 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
1. This intra Court appeals under Section 4 of the High Court Act, 1961 has been filed by the appellants challenging the order dated 04.08.2025 passed by the learned Single Judge in W.P.No.202940/2024 connected with W.P.No.203428/2024, whereby the writ petitions were dismissed.
2. The brief facts of the cases are that the petitioners were the aspirants for the post of Assistant Professor in respondent No.3-University. Pursuant to the notification dated 18.10.2023 issued by respondent No.3-University at Annexure-B in W.A.No.200241/2025 calling for applications to fill up the number of posts including that of Assistant Professor, the petitioners applied for the said post. Hence, they have challenged the eligibility criteria fixed by respondent No.3 on the ground that it is in violation of the criteria fixed by respondent No.2- University Grants Commission (for short, 'UGC') before the learned Single Judge. The learned Single Judge, after -5- NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR hearing all the parties, dismissed the writ petitions by order dated 04.08.2025. Being aggrieved by the same, the appellants are before this Court.
3. Learned counsel appearing for the petitioners has submitted that the main grievance of the petitioners is that the method of recruitment adopted by the University by notification dated 18.10.2023 is contrary to the UGC Regulations. The learned Single Judge has not considered the issue relating to the method of recruitment and dismissed the writ petitions only on the basis of the eligibility qualifications for the post of Assistant Professor. He further submitted that when UGC Regulations prescribe the method of recruitment for the post of Assistant Professor, the University has no power to deviate the same or adopting its own procedure. Therefore, the notification issued by the University, vide Annexure-B dated 18.10.2023 is contrary to the UGC Regulations. Hence, he sought for allowing the writ appeals. In support of his contention, he has also relied on judgment of the -6- NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR Hon'ble Apex Court in case of MANDEEP SINGH & ORS. vs. STATE OF PUNJAB AND ORS. passed in SLP (Civil)No.23141/2024 with SLP (Civil) No.23324/2024 and SLP (Civil) No.907/2025 dated 14.07.2025.
4. Learned Senior Counsel appearing for the University has submitted that, as per the notification issued by the University, the minimum qualification required for the post of Assistant Professor is one who has cleared NET/SET/SLET. The UGC regulations, which the petitioner was relying on for the method of recruitment, are related to the appointment of Assistant Professor, whose basic minimum qualification is Ph.D. The said method of recruitment is not applicable for the present appointment of the Assistant Professor. He further submitted that the minimum qualification for the post of Assistant Professor, which had prescribed earlier Ph.D., has been removed and now the basic qualification required for the said post is NET/SET/SLET. Considering all these aspects of the matter, the learned Single Judge has rightly dismissed the -7- NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR writ petitions. He further submitted that the judgment relied upon by the learned counsel for the appellants, is not applicable to the facts of these cases.
5. Heard the learned counsel for the parties. Perused the writ appeals papers.
6. Respondent No.3-University has issued notification vide Annexure-B dated 18.10.2023 for recruitment of various posts including that of Assistant Professor. The appellants were also the applicants for the posts of Assistant Professor in respondent No.3-University.
7. The only grievance of the petitioners therein is with respect to the method of recruitment adopted by respondent No.3-University for appointing Assistant Professors under the said notification. The relevant portion of the method of recruitment is extracted below:
Name of the post Method of Recruitment Their shall be Written Exam for 40 marks to be conducted by the University. The eligible candidates will be called for interview in the ratio of 1:5 based on Assistant Professor and merit of 90 marks excluding interview equivalent cadre posts -8- NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR marks as per score card and roaster.
The selection of the candidate will be made based on merit as per the score card for 100 marks prescribed for the post and roaster.
8. As submitted by the learned counsel for the appellants, as per the Regulations issued by the UGC, which are produced at Annexure-E for the method of recruitment, it has prescribed the Table. In which, Table-3A is criteria for short-listing of candidates for interview for the post of Assistant Professor in the University. Table-3A is extracted below:
"Table : 3 A Criteria for Short-listing of Candidates for Interview for the Post of Assistant Professor in Universities S.N. Academic Record Score 1 Graduation 80% & 60% to 55% to 45% to Above = less than less than less than 15 80% = 13 60% = 10 55% = 05 2 Post-Graduation 80% & 60% to 55% (50% in case of Above = less than SC/ST/OBC (non 25 80% = 23 creamy layer) PWD) to less than 60% = 20 3 M.Phil 60% & 55 % to less than 60% = 05 Above = 07 4 Ph.D. 30 5 NET with JRF 07 NET 05 SLET/SET 03 -9- NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR 6 Research Publications (2 10 marks for each research publications published in Peer-Reviewed or UGC-Listed Journals) 7 Teaching / Post Doctoral 10 Experiences (2 marks for one year each) # 8 Awards International / National Level 03 (Awards given by international organization / Government of India / Government of India recognized National Level Bodies) State - Level 02 (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 - 30 Marks
(ii) JRF/NET/SET Maximum - 07 Marks
(iii) In awards category Maximum - 03 Marks (B). Number of candidates to be called for interview shall be decided by the concerned universities.
(C). Academic Score - 80
Research Publications - 10
Teaching Experience - 10
Total - 100
(D). Score shall be valid for appointment in respective State SLET/SET University/Colleges/Institutions only."
9. It is not in dispute that, earlier, the minimum qualification required for appointment to the post of
- 10 -
NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR Assistant Professor was a Ph.D. This was amended in the year 2023, whereby the minimum qualification prescribed for the post of Assistant Professor is NET/SET/SLET. The method of recruitment prescribed under the UGC Regulations is not applicable to the present cases. It applies only in cases where the minimum qualification for appointment to the post of Assistant Professor is a Ph.D. Therefore, the learned Single Judge has rightly held that Table-3A, as mentioned in the UGC Regulations, is not applicable to the present cases.
10. The University, for the purpose of short-listing the candidates, has prescribed the uniform method of recruitment applicable to all the candidates. Since the same method is applied uniformly, there is no discrimination in adopting the recruitment procedure as per the notification dated 18.10.2023. Therefore, there is no error or illegality in the notification issued by respondent No.3. The decision relied upon by the appellants, i.e., the 'MANDEEP SINGH' case (supra), is not
- 11 -
NC: 2025:KHC-K:6763-DB WA No. 200242 of 2025 C/W WA No. 200241 of 2025 HC-KAR applicable to the present facts and circumstances of the cases. After considering all these aspects, the learned Single Judge has rightly dismissed the petition.
11. The appellants have not made out any ground for interference. The writ appeals are devoid of merit.
12. Accordingly, writ appeals are dismissed.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE HA List No.: 1 Sl No.: 53