Karnataka High Court
Dr. Mahantesh S/O Gadigeppa Mudenoor vs The State Of Karnataka on 11 March, 2024
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 11th DAY OF MARCH, 2024 R
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.101169 OF 2018 (S-RES)
BETWEEN:
DR. MAHANTESH
S/O GADIGEPPA MUDENOOR
AGED ABOUT 39 YEARS
OCC: TECHNICAL ASSISTANT
KRISHI VIGYANA KENDRA, INDI, VIJAYAPUR
UNIVERSITY OF AGRICULTURAL SCIENCES
R/O: NO.6, SY. NO.61/2
SHRUSTI DWELLINGS
NEAR KHB LAYOUT
DODDANAYAKANAKOPPA
DHARWAD - 580 008.
... PETITIONER
(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
M.S.BUILDING, BENGALURU.
2. UNIVERSITY OF AGRICULTURAL SCIENCES (UAS)
DHARWAD, BY ITS REGISTRAR.
2
3. DR.SANTOSH G. P.,
AGED ABOUT 37 YEARS
OCC: ASSISTANT PROFESSOR
RURAL HOME SCIENCE COLLEGE
UNIVERSITY OF AGRICULTURAL SCIENCES
DHARWAD.
... RESPONDENTS
(BY SRI. MADANAMOHAN M. KHANNUR, AGA FOR R1;
SRI. RAMACHANDRA A. MAHI, ADVOCATE FOR R2;
SRI. V.M.SHEELAVANT, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED SCORECARD AT ANNEXURE-"E" AS ILLEGAL; QUASH
THE IMPUGNED APPOINTMENT AND ORDER BEARING NO.R/Rectt/
Appt.III(13)/2017 DATED: 10.02.2017 VIDE ANNEXURE-"F"
APPOINTING THE 3RD RESPONDENT AS ASSISTANT PROFESSOR AS
ILLEGAL.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS COMING ON FOR PRONOUNCEMENT THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
The petitioner is before this Court calling in question an order of appointment dated 10-02-2017 issued by the 2nd respondent in favour of the 3rd respondent to the post - Assistant Professor in the University of Agricultural Sciences, Dharwad ('the University' for short) in the discipline of Food and Industrial Microbiology. 3
2. The facts, in brief, germane are as follows:-
The 2nd respondent/University issues a Notification calling for applications to fill up various posts by direct recruitment at the entry level cadre i.e., Assistant Professor cadre with applicable pay scale as obtaining under the University Grants Commission Rules.
The petitioner and the 3rd respondent finding themselves eligible to be appointed to the said post apply. Both of them were called for interview finding both of them to be eligible for consideration for appointment to the said post in the aforesaid discipline. The petitioner then secures total marks of 67.137 while that of the 3rd respondent's total marks was 71.95. The 3rd respondent is thus, selected to be appointed as Assistant Professor in the University.
The petitioner then submits a representation by way of objections to the 2nd respondent that the appointment of the 3rd respondent is illegal and contrary to the Rules. The representation goes unheeded and, therefore, the petitioner is before this Court calling in question the appointment of the 3rd respondent as Assistant Professor in the University.4
3. This Court on 01-03-2018, issued notice and the matter comes up only on 20th September, 2023 for its consideration. Therefore, the 3rd respondent has continued in employment in the said post.
4. Heard Sri Prashant S. Kadadevar, learned counsel appearing for the petitioner; Sri Madanamohan M. Khannur, learned counsel appearing for respondent No.1; Sri Ramachandra A. Mali, learned counsel appearing for respondent No.2 and Sri V.M. Sheelavant, learned counsel appearing for respondent No.3.
5. The learned counsel appearing for the petitioner would urge a solitary contention that the marks allotted/awarded to the 3rd respondent qua academic experience goes completely contrary to the UGC Guidelines and the Notification for appointment itself. The learned counsel would take this Court through the Notification seeking to demonstrate that the academic experience would be an experience in teaching and research and maximum marks that can be allotted is seven, one mark for each year. It is his case that 5 experience in teaching and research is also defined under the Notification and the experience of the 3rd respondent could not have been taken into consideration at all. If the marks awarded for experience in teaching, research and extension is excluded, the petitioner would emerge as a successful candidate.
6. The learned counsel Sri Ramachandra A. Mali, appearing for the University would submit that the UGC Regulations themselves permit counting of past service for direct recruitment and promotion and, therefore, the past service rendered by any candidate in an equivalent grade should be taken for the purpose of assessment of experience. He would further take this Court through the communications of Indian Council for Agricultural Research under which the University would come and function, to demonstrate that no fault can be found with the University taking the past experience as obtaining under the UGC guidelines.
7. The learned counsel for the petitioner would then join issue to contend that the learned counsel for the University is wanting to confuse the issue. The Regulations that permit past service to be taken for direct recruitment even is under the Career Advancement 6 Scheme. The recruitment now notified is not under the Career Advancement Scheme. Therefore, the very appointment and awarding of marks is contrary to law is the emphatic submission of the learned counsel for the petitioner.
8. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
9. The University issues a notification for recruitment to various posts of teachers including that of Assistant Professor in the discipline of Food and Industrial Microbiology. The petitioner and the 3rd respondent apply. It becomes germane to notice the Notification issued for such recruitment. The notification dated 30-04-2016 reads as follows:
"Notification No.R/Rectt/Advt.56/2016, dated 30.04.2016 Applications are invited in the prescribed form for filling up the following posts of Assistant Professors from the candidates who are qualified as on the last date fixed for receipt of applications in the University of Agricultural Sciences, Dharwad. As this Notification supersedes the earlier Notifications/ Corrigendums cited at ref.(1), the candidates willing to make applications for the following posts shall have to apply afresh.7
ASSISTANT PROFESSOR CADRE:
(Scale of pay Rs.15600-39100+Rs.6000 AGP) (UGC/ICAR Pay-scales) No.of Roster Sl Posts Others Persons No. Name of the Post belonging to HK region .... .... ....
16. Assistant Professor Of Food & 1 GM-1 -
Industrial Microbiology .... .... ...."
The general instructions which are part of the Notification read as follows:
"8. The qualifications and score cards for selection of candidates for the posts Teachers are in accordance with the University Notifications No.R/BOR-121/2007, dt.13.12.2007 & 31.7.2008, No.R/B-122(Adj.)/2008, dated 19/20.03.2008 and No.R/Rectt/CAS-2006/B- 13/2013, dated 13.3.2013.
9. Relaxation of 5% marks at Master's level & 5% of marks at Graduate level is provided to the Physically & Visually handicapped persons for appointment to various posts of Teachers in UAS, Dharwad."
The Notification mandated that pay scales of UGC and ICAR would be applicable to the post. The post was Assistant Professor of Food & Industrial Microbiology along with others. Clause-8 supra indicated the qualification and score card and selection of 8 candidates would be in accordance with the University Notifications dated 13-12-2007, 31-07-2008, 20-03-2008 and 13-03-2013. Therefore, it becomes necessary to notice the notifications. The Notification dated 13-12-2007 issued by the University reads as follows:
"Sub: Revised Score Card for appointment to the posts of Officers. Teachers in the cadre of Professor, Associate Professor & Assistant Professor and Programme Assistants Farm Managers under KVKS & Technical Assistants under ICAR Schemes in UAS, Dharwad.
Ref: 1. Decision of the 20th Co-ordination Committee meeting of UAS, Dharwad and Bangalore held on 29.05.2007.
2. Resolution of the Academic Council in its 75th meeting held on 12.11.2007.
3. Approval of the Board of Regents, UAS, Dharwad in its 121st meeting held on 17.11.2007.
4. Approval of the Dean, UAS, Dharwad
5. Orders of the Vice-Chancellor, UAS, Dharwad, dated 10.12.2007.
........
In pursuance to the resolution of the Board of Regents cited at reference (3) above, the University approval is hereby accorded for the revised Score Card for appointment to the posts of Officers, Teachers in the cadre of Professor, Associate Professor & Assistant 9 Professor and Programme Assistants / Farm Managers under KVks & Technical Assistants under ICAR Schemes in the University of Agricultural Sciences, Dharwad, as put up in the Annexures-I, II & , Ⅲ respectively."
The notification adopts revised score card for appointment to the post of teacher in all the cadres of the University as formulated by the ICAR. It, therefore, becomes necessary to notice clauses of the score card method. For the post of Assistant Professor's cadre, which forms the issue in the lis, clause-4 of the score card method reads as follows:
"EXPLANATORY NOTES FOR AWARD OF MARKS .... .... ....
4. Experience in Teaching/Research/ Maximum marks Extension: Experience in the cadre of allotted=15 Instructor/Research Assistant/Extension i) 0.125 marks for each Guide/Technical Assistant/Scientific month of service in Assistant/Farm Manager/temporary teaching/research/extensi appointments as Research Associate/ on Extension worker/Full times SRF/Project Note: to be supported by Scientist/Specialist in an University/ authorized document College/ Government Departments issued by the competent /Research Organizations/Boards/ authorities.
Corporations/ICAR Institutes/Similar
Institutes like ICMR, CSIR,NCERT,
ICRISAT etc./Krishi Vignana
Kendras/Statutory bodies/International
organizations/Nationalized Banks/Non-
Governmental Organizations (NGOs)
working on Government projects
.... .... ...."
10
The afore-quoted clause is indicative of the fact that experience in the cadre of Instructor, Research Assistant inter alia as obtaining will be the experience in teaching / research / extension for awarding of marks. The maximum marks available is 15, which would be split up to 0.125 marks for each month of service in teaching / research / extension. This was to be supported by various documents issued by the competent authority. The experience of teaching projected by the 3rd respondent is as follows:
"SYNDICATE BANK Regional Office: Udupi Personnel Cell (0) Ref. No. 203/ROU/PCO/2010 Date: April 22, 2010 EXPERIENCE CERTIFICATE
1. Name of the employee : Sri Santhosh G.P.
2. Employee Number : 546472
3. Date of Joining the service : 22.09.2008
4. Date of leaving the service : 16.09.2009
5. Reason for leaving : Resignation to pursue higher studies
6. Grade & Designation : MMGS-I 11 last held before leaving : Prob. Asst.Manager(RD) the service
7. Basic Pay last drawn : Rs.10000/-
Sd/-
ASST. GENERAL MANAGER"
The 3rd respondent was an employee in the Syndicate Bank between 22-09-2008 to 16-09-2009 holding the post of Assistant Manager on probation and the probation was yet to be declared. He resigns the said post to pursue higher studies. He later appears to have joined the University of Agricultural Sciences, Raichur and has produced a service certificate that he was working as Assistant Professor of Agricultural Microbiology at the College from 17-06-2009, till the date of issuance of the certificate i.e., 17-05-2016. The petitioner also appended the salary received by the 3rd respondent at the University in the cadre of Assistant Professor for all the years. The point that the petitioner want to drive home is that, the 3rd respondent was already an Assistant Professor working as Assistant Professor and that experience could not have been taken into consideration in the selection in question. If he is already in the post of Assistant Professor, his experience at 12 best be taken as experience for higher post i.e., Associate Professor or Professor. Insofar as Professor cadre is concerned, the academic experience at Clause-2 reads as follows:
"EXPLANATORY NOTES FOR AWARD OF MARKS .... ..... ....
2. Academic Experience Maximum marks allotted=07 a. Experience in Teaching/Research/ 1mark for each year Extension/ Corporate activities in the cadre of Assoc. Professor .... .... ...."
Experience in the cadre of Associate Professor is to be taken for the Professor's cadre. When it comes to Associate Professor, the academic experience to be taken note of, the same reads as follows:
"EXPLANATORY NOTES FOR AWARD OF MARKS .... ..... ....
2. Academic Experience Maximum marks allotted=07
a) Experience in Teaching/Research/ 1mark for each year (Maximum=7 Extension in the cadre of Assistant marks) Professor .... .... ...."
Experience in teaching / research / extension in the cadre of Assistant Professor will have to be taken note of. The academic experience for the post of Assistant Professor at the entry level, the experience as Assistant Professor itself cannot be taken into 13 consideration. The experience that is to be taken into consideration quoted supra is unequivocal. The experience that is to be accounted is as afore-extracted and only those experiences would become eligible for allotment of maximum of 15 marks. In the experience column supra, there is no marks to be awarded for the post of Assistant Professor. It is an admitted fact that the 3rd respondent is awarded maximum marks for appointing him as Assistant Professor. The marks awarded to him for having held the post of Assistant Professor. This is on the face of it illegal. It is germane to notice certain FAQ and the answers rendered by the ICAR. What applications would be forwarded for consideration of employment is also found in Clause 13.2 of Chapter-13 and the answer in clause 13.2.1. It reads as follows:
"Chapter 13 Forwarding of Applications of Employees of ICAR .... .... ....
13.2 Forwardal of application for equivalent posts and also during the period of probation 13.2.1 Applications of both temporary and permanent employees of the council holding any position will not be forwarded for posts equivalent to the position.
(ICAR No.1(2)/79-Per.IV dated 4.6.1982) 14 .... .... ...."
The question supra is, will applications for equivalent posts be taken note of. The answer is applications of both temporary and permanent employees of the Council holding any post which is equivalent to the post notified will not be forwarded.
10. Therefore, the very application being taken note of by respondent No.2 / University and offering appointment to the 3rd respondent runs completely contrary to law as it is simple logic that for a post of Assistant professor, the experience rendered by any candidate as Assistant Professor cannot be taken note of. The petitioner has also appended the marks awarded to the petitioner and the 3rd respondent. The petitioner gets 15 marks for working as Research Assistant earlier and the 3rd respondent get 12.125 marks. The petitioner ought to have been selected. What comes about addition of certain marks in favour of the 3rd respondent which totals the marks of the 3rd respondent to 71.95 and the petitioner to 67.137. If the marks awarded for experience in teaching, research and extension to the 3rd respondent is taken away, the petitioner would emerge as the successful candidate. The 15 marks awarded to the petitioner and the 3rd respondent on clause 4, which deals with experience in teaching read as follows:
"Name : MAHANTESH MUDENOOR Post: ASST. PROF. OF FOOD & IND. MICROBIOLOGY .... .... ...
4. EXPERIENCE in teaching/ research / extension 123M 15 MARKS Experience in the cadre of Instructor/Research Assistant/Extension Guide/Technical Assistant/Scientific Assistant/Farm Manager/temporary appointments as Research 15.00 Associate/Extension worker/Full time SRF/Project Scientist/Specialist in an University/College/Government Departments/Research Organizations/Boards/ Corporations/ ICAR Institutes/Similar Institutes like ICMR, CSIR, NCERT, Total (4) ICRISAT etc./Krishi Vignana Kendras/ Staturory bodies/International organizations/Nationalized Banks/Non- Government Organizations (NGO's) working on Government Projects 0.125 marks for each month of service in teaching/research/extension."
Grand Total 67.137
.... .... ....
"Name: SANTHOSH G.P.
Post: ASST. PROF. OF FOOD & IND MICROBIOLOGY .... .... ....
4. EXPERIENCE in teaching/ research / extension 97M 15 MARKS 16 Experience in the cadre of Instructor/Research Assistant/Extension Guide/Technical Assistant/Scientific Assistant/Farm Manager/temporary appointments as Research 12.125 Associate/Extension worker/Full time SRF/Project Scientist/Specialist in an University/College/Government Departments/Research Organizations/Boards/ Corporations/ ICAR Institutes/Similar Institutes like ICMR, CSIR, NCERT, Total (4) ICRISAT etc./Krishi Vignana Kendras/ Staturory bodies/International organizations/Nationalized Banks/Non- Government Organizations (NGO's) working on Government Projects 0.125 marks for each month of service in teaching/research/extension."
Grand Total 71.95"
If, on the afore-narrated facts of the case of the petitioner is considered, it would become unmistakably clear that the appointment of the 3rd respondent runs counter to law. The marks awarded to the 3rd respondent on the face of it, is contrary to the score card method. These are hard facts. Any amount of defense projected to the appointment of the 3rd respondent would be of no avail, as the marks are facts and, facts are stubborn, the appointment, is contrary to law. If the experience of the 3rd respondent is eschewed, the petitioner does emerge as the successful candidate.17
11. For the aforesaid reasons, I pass the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The appointment of the 3rd respondent 10-02-2017 is declared to be illegal and contrary to law, and consequently stands quashed.
(iii) A mandamus issues to the 2nd respondent/University to appoint the petitioner to the post of Assistant Professor in the discipline of Food & Industrial Microbiology within eight weeks from the date of receipt of a copy of this order.
Ordered accordingly.
Sd/-
JUDGE nvj CT:MJ