Karnataka High Court
National Institute Of Technology vs Dr Mervin Herbert on 23 July, 2025
-1-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 500 OF 2025 (S-PRO)
C/W
CIVIL CONTEMPT PETITION NO. 709 OF 2024,
WRIT APPEAL NO. 501 OF 2025 (S-PRO),
WRIT APPEAL NO. 505 OF 2025 (S-PRO) &
WRIT APPEAL NO. 509 OF 2025 (S-PRO)
IN WA No. 500/2025
BETWEEN:
1. NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS REGISTRAR,
Digitally signed P. O. SRINIVASANAGAR,
by NANDINI R
Location: HIGH SURATKAL-575 025,
COURT OF MANGALORE, DAKSHINA KANNADA.
KARNATAKA
2. SELECTION COMMITTEE FOR RECRUITING
AND PROMOTING TO THE FACULTY POSITION
OF NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS CHAIRMAN AND DIRECTOR,
P.O. SRINIVASANAGAR, SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
...APPELLANTS
(BY SRI MANMOHAN P N, ADVOCATE)
-2-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
AND:
1. DR. MERVIN HERBERT,
S/O C F HERVERT,
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA P.O. SRINIVASANAGAR,
SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
AND
R/AT AI-23, NITK CAMPUS,
SURATKAL-575025,
MANGALORE, DAKSHINA KANNADA.
2. DR. SRIKANTHA,
S/O SHRINIVASA RAO,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA,
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU- 574 180.
3. DR. KIRAN GANGADHAR SHIRLAL,
PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS
AND HYDRAULIES, NITK, SURATHKAL,
P.O. SRINIVASANGAR-575 025,
MANGALORE.
4. DR. MANU,
ASSISTANT PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS NITK, SURATHKAL
P.O SRINIVASANAGAR-575 025,
MANGALORE.
5. DR. RAMESH H,
-3-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
ASSISTANT PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS, NITK, SURATHKAL,
P.O SRINIVASANAGAR-575 025,
MANGALORE.
6. DR. BABU NARAYAN K. S,
PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
7. DR. SUBHAS C. YARAGAL,
PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
8. SRI PRASHANTH M. H,
ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O SRINIVASANAGAR,
MANGALORE-575 025.
9. DR. K. RAM CHANDAR,
ASSISTANT PROFESSOR,
DEPARTMENT OF MINING ENGINEERING,
NITK, SURATHKAL
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
10. DR. K. B. KIRAN,
PROFESSOR,
DEPARTMENT OF HUMANITIES SOCIAL
SCIENCE AND MANAGEMENT,
NITK, SURATHKAL,
P.O SRINIVASANAGAR-575 025,
-4-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
MANGALORE.
11. DR. ANANDHAN SRINIVASAN,
ASSOCIATE PROFESSOR,
DEPARTMENT OF METALLURGICAL
ENGINEERING, NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
12. DR. RAVISHANKAR K S,
ASSISTANT PROFESSOR,
DEPARTMENT OF METALLURGICAL
ENGINEERING, NITK, SURATHKAL
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
13. MS. S. GANGAMMA,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
14. DR. P E JAGADEESHBABU,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
15. SRI VASUDEV M,
ASSISTANT PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
16. DR. NAVIN KARANTH P,
ASSISTANT PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
-5-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
17. SRI SUBHASCHANDRA KATTIMANI,
ASSISTANT PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
18. DR. SANTHOSH GEORGE,
PROFESSOR,
DEPARTMENT OF MACS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
19. DR. MURULIDHAR N. N.,
PROFESSOR,
DEPARTMENT OF MACS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
20. DR. APARNA P,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRONICS
AND COMMUNICATION ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
21. DR. U. SRIPATI,
PROFESSOR,
DEPARTMENT OF ELECTRONICS
AND COMMUNICATION ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
-6-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
22. DR. JOHN D'SOUZA,
PROFESSOR,
DEPARTMENT OF ELECTRONICS
AND COMMUNICATION ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
23. SRI RAGHAVENDRA RAO,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRICAL AND
ELECTRONICS ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
24. DR. PARTHIBAN P,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRICAL
AND ELECTRONICS ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
25. DR. DEBASHISH JENA,
ASSISTANT PROFESSOR
DEPARTMENT OF ELECTRICAL AND
ELECTRONICS ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
26. DR. DARSHAK RAMESH BHAI TRIVEDI,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMISTRY,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
-7-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
27. DR. AJITH K.M.,
ASSISTANT PROFESSOR,
DEPARTMENT OF PHYSICS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
28. DR. M N SATYANARAYAN,
ASSOCIATE PROFESSOR,
DEPARTMENT OF PHYSICS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
29. UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF H.R.D.,
SHASTRI BHAVAN,
NEW DELHI-110 001.
...RESPONDENTS
(BY SRI ARVIND KAMATH, ASGI FOR
SRI SHANTHI BHUSHAN H, DSGI FOR R-29)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET SIDE THE ORDER DATED
17.03.2025 PASSED IN REVIEW PETITION NO-70/2025
PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY
ALLOW REVIEW PETITION No-70/2025 AND PASS SUCH OTHER
AND FURTHER ORDERS AS DEEMED FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
IN CCC NO. 709/2024
BETWEEN:
1. DR. SRIKANTHA,
S/O SHRINIVASA RAO,
AGED ABOUT 57 YEARS,
NOW WORKING AS PROFESSOR,
-8-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL-575 025,
MANGALORE,
DAKSHINA KANNADA AND
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574 180.
2. DR. MERVIN HERBERT,
S/O C F HERBERT,
AGED ABOUT 60 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
P O SRINIVASANAGAR, SURATKAL-575 025,
MANGALORE,
DAKSHINA KANNADA AND
NOW R/AT FLAT NO. 204, MARIAN PROMENADE,
KADRI KAMBALA ROAD, MANGALORE-575 004.
DAKSHINA KANNADA DISTRICT.
...COMPLAINANTS
(BY SRI NARAYANA BHAT M, ADVOCATE)
AND:
1. MR. RAVINDRANATH K,
AGED MAJOR,
REGISTRAR,
NATIONAL INSTITUTE OF TECHNOLOGY,
P O SRINIVASANAGAR,
SURATKAL-575 025.
MANGALORE, DAKSHINA KANNADA.
2. PROF B RAVI,
AGED MAJOR,
THE DIRECTOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
P O SRINIVASANAGAR,
SURATKAL-575 025.
MANGALORE, DAKSHINA KANNADA.
3. K. SANJAY MURTHY,
AGED MAJOR,
-9-
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
MINISTRY OF EDUCATION,
NO.127-C, SHASTRI BHAWAN,
NEW DELHI-110 001.
...ACCUSED
(BY SRI MANMOHAN P N, ADVOCATE FOR R-1 & 2;
SRI ARVIND KAMAT, ASGI FOR SRI KUMAR.M.N, CGC FOR R3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT,
WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED
TO ISSUE SUMMONS TO THE ACCUSED AND TRY THEM FOR
DISOBEYING THE ORDER DATED 25.09.2023 MADE IN
W.P.NO.11878/2013 AND 11880/2013 PRODUCED AT
ANNEXURE-C.
IN WA NO. 501/2025
BETWEEN:
1. NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS REGISTRAR,
P.O. SRINIVASANAGAR,
SURATHKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
2. SELECTION COMMITTEE FOR RECRUITING
AND PROMOTING TO THE FACULTY POSITION
OF NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS CHAIRMAN AND DIRECTOR,
P.O. SRINIVASANAGAR, SURATHKAL-575 025,
MANGALORE, DAKSHINA KANNADA
...APPELLANTS
(BY SRI MANMOHAN P N, ADVOCATE)
AND:
1. DR. MERVIN HERBERT,
S/O C.F HERBERT,
AGED ABOUT 49 YEARS,
- 10 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
WORKING AS ASSISTANT PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA P.O SRINIVASANAGAR,
SURATHKAL-575 025, MANGALORE,
DAKSHINA KANNADA.
AND
R/AT AI-23, NITK CAMPUS,
SURATHKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
2. DR. SRIKANTHA,
S/O. SHRINIVASA RAO,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATHKAL-575 025,
MANGALORE, DAKSHINA KANNADA,
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574 180.
3. SRI PRUTHIVIRAJ. U,
ASSISTANT PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS, NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
4. DR. SUNIL B.M,
ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
5. SRI RAVIRAJ H. MULANGI,
ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
- 11 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
6. DR. B. RAMACHANDRA BHAT,
PROFESSOR,
DEPARTMENT OF CHEMISTRY,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
7. DR. D. KRISHNA BHAT,
PROFESSOR,
DEPARTMENT OF CHEMISTRY,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
8. DR. JITHENDRAPAL,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
9. DR. B.R. CHANDAVARKAR,
PROFESSOR,
DEPARTMENT OF COMPUTER
SCIENCE AND ENGG,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025
MANGALORE.
10. MRS. REKHA.S,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRONICS AND
COMMUNICATION,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
11. DR. NARENDRANATH.S,
PROFESSOR,
- 12 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
12. UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF H.R.D.,
SHASTRI BHAVAN, NEW DELHI- 110 001.
...RESPONDENTS
(BY SRI NARAYANA BHAT.M, ADVOCATE FOR C/R-1;
SRI ARVIND KAMATH, ASGI FOR SRI SHANTHI
BHUSHAN H, DSGI FOR R-12)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET-
ASIDE THE ORDER DATED 25.09.2023 PASSED IN WP NO.
11878/2013, PASSED BY THE LEARNED SINGLE JUDGE, AND
CONSEQUENTLY DISMISS WP NO. 11878/2013 AND PASS
SUCH OTHER ORDERS.
IN WA NO. 505/2025
BETWEEN:
1. NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS REGISTRAR,
P.O. SRINIVASANAGAR,
SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
2. SELECTION COMMITTEE FOR RECRUITING AND
PROMOTING TO THE FACULTY POSITION
OF NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS CHAIRMAN AND DIRECTOR,
P.O. SRINIVASANAGAR, SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
...APPELLANTS
(BY SRI MANMOHAN P N, ADVOCATE)
AND:
- 13 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
1. DR. MERVIN HERBERT,
S/O. C.F. HERVERT,
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA P.O SRINIVASANAGAR,
SURATKAL-575 025, MANGALORE,
DAKSHINA KANNADA.
AND
R/AT AI-23, NITK CAMPUS,
SURATKAL-575025, MANGALORE,
DAKSHINA KANNADA.
2. DR. SRIKANTHA,
S/O SHRINIVASA RAO
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA,
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574 180.
3. DR. KIRAN GANGADHAR SHIRLAL,
PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS
AND HYDRAULIES,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
4. DR. MANU,
ASSISTANT PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS, NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
5. DR. RAMESH H,
ASSISTANT PROFESSOR,
- 14 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS, NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
6. DR. BABU NARAYAN K.S,
PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
7. DR. SUBHAS. C YARAGAL,
PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025, MANGALORE.
8. SRI PRASHANTH M.H,
ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL, P.O SRINIVASANAGAR,
MANGALORE-575 025.
9. DR.K.RAM CHANDAR,
ASSISTANT PROFESSOR,
DEPARTMENT OF MINING ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
10. DR. K.B. KIRAN,
PROFESSOR,
DEPARTMENT OF HUMANITIES SOCIAL
SCIENCE AND MANAGEMENT,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
- 15 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
11. DR. ANANDHAN SRINIVASAN,
ASSOCIATE PROFESSOR,
DEPARTMENT OF METALLURGICAL
ENGINEERING NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
12. DR. RAVISHANKAR K.S.,
ASSISTANT PROFESSOR,
DEPARTMENT OF METALLURGICAL
ENGINEERING NITK, SURATHKAL, P.O.
SRINIVASANAGAR-575 025,
MANGALORE.
13. MS. S. GANGAMMA,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
14. DR.P.E. JAGADEESHBABU,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING,
NITK, SURATHKAL, P.O. SRINIVASANAGAR-575 025,
MANGALORE.
15. SRI VASUDEV M,
ASSISTANT PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025, MANGALORE.
16. DR. NAVIN KARANTH P,
ASSISTANT PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
- 16 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
17. SRI SUBHASCHANDRA KATTIMANI,
ASSISTANT PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
18. DR. SANTHOSH GEORGE,
PROFESSOR,
DEPARTMENT OF MACS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
19. DR. MURULIDHAR N.N,
PROFESSOR,
DEPARTMENT OF MACS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
20. DR. APARNA P,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRONICS &
COMMUNICATION ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
21. DR. U. SRIPATI,
PROFESSOR,
DEPARTMENT OF ELECTRONICS &
COMMUNICATION ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
22. DR. JOHN D'SOUZA,
PROFESSOR,
DEPARTMENT OF ELECTRONICS &
COMMUNICATION ENGINEERING,
- 17 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
23. SRI RAGHAVENDRA RAO,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRICAL &
ELECTRONICS ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
24. DR. PARTHIBAN P,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRICAL &
ELECTRONICS ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
25. DR. DEBASHISH JENA,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRICAL &
ELECTRONICS ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
26. DR. DARSHAK RAMESH BHAI TRIVEDI,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMISTRY,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
27. DR. AJITH K.M,
ASSISTANT PROFESSOR,
DEPARTMENT OF PHYSICS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
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NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
MANGALORE.
28. DR. M.N. SATYANARAYAN,
ASSOCIATE PROFESSOR,
DEPARTMENT OF PHYSICS,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
29. UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF H.R.D.,
SHASTRI BHAVAN, NEW DELHI-110 001
...RESPONDENTS
(BY SRI ARVIND KAMATH, ASGI FOR
SRI SHANTHI BHUSHAN H, DSGI FOR R-29)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET-
ASIDE THE ORDER DATED 25/09/2023 PASSED IN WP
NO.11880/2013, PASSED BY THE LEARNED SINGLE JUDGE,
AND CONSEQUENTLY DISMISS WP NO.11880/2013 AND PASS
SUCH OTHER ORDERS.
IN WA NO. 509/2025
BETWEEN:
1. NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS REGISTRAR,
P.O. SRINIVASANAGAR,
SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
2. SELECTION COMMITTEE FOR RECRUITING
AND PROMOTING TO THE FACULTY POSITION
OF NATIONAL INSTITUTE OF TECHNOLOGY,
REP. BY ITS CHAIRMAN AND DIRECTOR,
P.O. SRINIVASANAGAR,
SURATKAL-575 025
- 19 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
MANGALORE, DAKSHINA KANNADA.
..APPELLANTS
(BY SRI MANMOHAN P N, ADVOCATE)
AND:
1. DR. MERVIN HERBERT,
S/O. C.F. HERVERT,
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA P.O SRINIVASANAGAR,
SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA.
AND
R/AT AI-23, NITK CAMPUS,
SURATKAL-575025, MANGALORE,
DAKSHINA KANNADA.
2. DR. SRIKANTHA,
S/O SHRINIVASA RAO,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA, SURATKAL-575 025,
MANGALORE, DAKSHINA KANNADA,
R/AT 1-142, NEAR OLD SCHOOL,
SASIHITHLU-574 180.
3. SRI PRUTHIVIRAJ.U,
ASSISTANT PROFESSOR,
DEPARTMENT OF APPLIED MECHANICS AND
HYDRAULICS, NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025
MANGALORE.
4. DR. SUNIL B.M,
ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025
- 20 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
MANGALORE.
5. SRI RAVIRAJ H. MULANGI,
ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
6. DR. B. RAMACHANDRA BHAT,
PROFESSOR,
DEPARTMENT OF CHEMISTRY,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
7. DR. D. KRISHNA BHAT,
PROFESSOR,
DEPARTMENT OF CHEMISTRY,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
8. DR. JITHENDRAPAL,
ASSISTANT PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
9. DR. B.R. CHANDAVARKAR,
PROFESSOR,
DEPARTMENT OF COMPUTER SCIENCE
AND ENGG,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
10. MRS. REKHA.S,
ASSISTANT PROFESSOR,
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NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
DEPARTMENT OF ELECTRONICS AND
COMMUNICATION,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
11. DR. NARENDRANATH.S,
PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
NITK, SURATHKAL,
P.O. SRINIVASANAGAR-575 025,
MANGALORE.
12. UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF H.R.D.,
SHASTRI BHAVAN, NEW DELHI- 110 001.
...RESPONDENTS
(BY SRI ARVIND KAMATH, ASGI FOR
SRI SHANTHI BHUSHAN H, DSGI FOR R-12)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET-
ASIDE THE ORDER DATED 17/03/2025 PASSED IN REVIEW
PETITION NO.67/2025, PASSED BY THE LEARNED SINGLE
JUDGE, AND CONSEQUENTLY ALLOW REVIEW PETITION
NO.67/2025 AND PASS SUCH OTHER AND FURTHER ORDERS.
THESE APPEALS AND CONTEMPT PETITION, COMING ON
FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
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NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE C M JOSHI)
1. For the reasons stated in the affidavits accompanying the applications, IA No.1/2025 filed in W.A.No.501/2025 and W.A.No.505/2025 are allowed. Delay of 524 days in filing the appeals are condoned.
2. The writ appeals in W.A.No.501/2025 and W.A.No.505/2025 are filed by appellant - National Institute of Technology [NITK], and another -primarily, assailing the common order dated 25.09.2023, passed by the learned Single Judge in W.P.No.11878/2013 and W.P.No.11880/2013 along with a few other writ petitions which were filed by respondent Nos.1 and 2; Writ Appeals in W.A.No.500/2025 and W.A.No.509/2025 are filed by the same appellants against the order in Review Petition Nos. 70/2025 and 67/2025 dated 17.3.2025. Alleging willful disobedience of the orders passed in W.P.No.11878/2013
- 23 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS and W.P.No.11880/2013, respondent Nos. 1 and 2 have filed the Contempt Petition in CCC No.709/2024.
3. Respondent Nos.1 and 2 filed W.P.No.11878/2013, with the following prayers:
"WHEREFORE, the Petitioners most respectfully pray that this Hon'ble Court may kindly be pleased to call for the entire records and grant them the following relief:
a) ISSUE a writ of certiorari or any other appropriate writ, order or direction, quashing the recommendations dated nil bearing no. nil as on 31.12.2012 in respect of the Petitioners marked at ANNEXURE T1 as the same are violative of Article 14, 16 and 21 of the Constitution;
"(aa) Issue a writ in the nature of certiorari or any other appropriate writ or direction quashing the proceedings of the Selection Committee bearing Nos. NIL dated 13.01.2013 produced at Annexures U, U1, U2, U3, U4, U5 and U6, the resolution of the Board of Governors in its 33rd Meeting dated 17.1.2013 in respect of grant of additional grade pay to respondents No. 3 to 11 as Annexure-W and the proceedings drawn and up-
gradations effected by proceedings bearing No.768(4) Upgradation/AGP/ESTT/ 2013/B1 dated 8.3.2013 produced at Annexures Y, Y1 to Y8 as the same are
- 24 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS opposed to statute No.23 of the NIT statues and also violative of Articles 14, 16 and 21 of the Constitution of India.
b) ISSUE a writ of mandamus or any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper, directing the Respondents to promote the Petitioners to the post of Associate Professor and Professors respectively and re-designate them to the said posts in pursuant to the Advertisement marked as ANNEXURE-S and grant them all the consequential benefits consequent upon extending the said benefits on par with those have been re-designate in the cadre of Associate Professors and Professors in pursuant to the advertisement dated 1.1.2013 marked at ANNEXURE-S to meet the end of justice.
c) TO GRANT such other relief as this Hon'ble Court may deem it proper in the facts and circumstances of this case, including costs of this proceedings to meet the ends of justice."
4. Respondent Nos.1 and 2 filed W.P.No.11880/2013, with the following prayers:
"WHEREFORE, the Petitioners most respectfully pray that this Hon'ble court may kindly be pleased to call for the entire records and grant them the following relief:
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS
a) ISSUE a writ of certiorari or any other appropriate writ, order or direction quashing the impugned proceedings of the Selection Committee of the National Institute of Technology, Karnataka, Suratkal held on 24.09.2012 vide Annexure-P and also the proceedings of the 31st meeting of the Board of Governors of the National Institute of Technology, Karnataka, Suratkal held on 01.10.2012 vide Annexure-R as the same are violative of Article 14, 16 and 21 of the constitution;
(aa): Issue a writ in the nature of certiorari or any other appropriate writ or direction quashing the order bearing Nos. 768(1)/Upgrade/AGP/ESTT/2012-B1 dated 31.10.2012 produced at Annexure-S, 768(2)/Upgrade/AGP/ESTT/2012-B1 dated 31.10.2012 is produced at Annexure-S1, 768(3)/Upgrade/AGP/ ESTT/2012-B1 dated 31.10.2012 is produced at Annexure-S2, and 768(4)/Upgrade/AGP/ESTT/2012-B1 dated 31.10.2012 is produced at Annexure-S3, as illegal and are opposed to statute no.23 and are violative of Articles 14, 16 and 21 of the Constitution of India".
b) ISSUE a writ of mandamus or any other appropriate writ order or direction as this Hon'ble Court may be deem fit and proper, directing the Respondents to uphold the selection granted to the 1st Petitioner as per the order of communication dated 27.01.2012 vide ANNEXURE-K and re-designate the 2nd Petitioner as
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS recommended vide ANNEXURE-Q; and grant them all monetary and other consequential benefits.
c) TO GRANT such other relief as this Hon'ble Court may deem it proper in the facts and circumstances of this case, including costs of this proceedings to meet the ends of justice."
5. Respondent Nos.1 and 2 were working as Lecturers in the Department of Mechanical Engineering of NITK of Surthkal, Karnataka and they were qualified for promotion to the Post of Associate Professor and Professor respectively. As per the policy of UGC, they were required to be treated as Assistant Professor from the inception and promotion from the post of Lecturer to the Assistant Professor and thereafter, from Assistant Professor to the Cadre of Associate Professor, since they had all the qualifications for the said promotion. They further contended that they were entitled to be promoted to the next Cadre since they had completed minimum years of service prescribed under the Rules and that there was no element of Selection from the Cadre of Assistant Professor
- 27 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS in pay band of Rs.6,000/- till they reach the Cadre of Associate Professor with Grade pay of Rs.9,000/-.
6. Respondent No.1 Dr. Mervin Herbert, contended that he was considered for non-interview based promotion as per the Guidelines issued by Government of India, and accordingly, he was extended the benefit of up-gradation of the existing Academic Grade Pay [AGP] of Rs.7,000/- to Rs.8,000/-. He also filed W.P.No.7211/2012 challenging the promotion under the 5th as well as 6th Pay Commission Report. Respondent Nos.1 and 2 appeared for the interview without prejudice to their contention taken in the W.P.No.7211/2012.
7. However, respondent No.1 informed the appellants that his case was pending before the Hon'ble High Court in W.P.No.7211/2012 and therefore, any promotion or up- gradation would be without prejudice to his rights and at the risk of the appellants.
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS
8. The appellants NITK, issued an advertisement on 22.09.2010 and the same was challenged by respondent No.1 in W.P.No.34409/2010. Respondent Nos.1 and 2 contended that the advertisement inviting the applications for the direct recruitment to the post of Assistant Professor, issued by the appellants NITK is illegal and the same was challenged in W.P.No.12998/2009 and W.P.No.12999/2009.
9. The appellants issued another circular/ advertisement dated 06.05.2008, inviting applications for promotion under the Career Advancement Scheme [CAS]. Respondent No.2 was not selected under the scheme and as such, he filed W.P.No.13117/2009. Thereafter, the appellants issued another advertisement dated 29.09.2010 and the same was challenged by respondent No.1 in W.P.No. 34409/2010.
10. Thus, in the writ petitions before the learned Single Judge, respondent Nos.1 and 2, Dr. Mervin Herbert and
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS Dr. Srikantha, challenged the act of the appellants-NITK in not appointing them under the CAS scheme as per the guidelines of the Government of India. It was a scheme where the assessment was to be made on the basis of the qualifications and evaluation of the performance and an interview. They also challenged the act of the appellants NITK of not granting them the AGP and not selecting them for the post of Associate Professor and Professor respectively contending that it was a non interview based promotion, which was to be given.
11. After they challenged their non consideration under the CAS in 2008, they filed writ petitions in 2009. Thereafter, when they were to be considered for financial up-gradation under AGP, the appellants-Institute refused to consider their cases on the ground that the writ petitions filed by them being W.P.No.11878/2013 and W.P.No.11880/2013 were pending. Since the AGP was not granted to these petitioners and their case was not recommended on the above grounds, they filed several
- 30 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS writ petitions before this Court, some of which were disposed of by the learned Single Judge through a common impugned judgment.
12. It was the case of both the parties that; (a) if the question of financial up-gradation (AGP) of the writ petitioners was decided, and (b) their entitlement to be selected under the CAS Scheme was considered in the light of the guidelines issued by the Ministry of Human Resources Development, Department of Higher Education dated 6.10.2017 (pursuant to the recommendations of the Anomaly Committee on new recruitments), the impasse could have been resolved and some of the writ petitions would be rendered infructuous. The said submission was made before the learned Single Judge.
13. The learned Single Judge noted that the appellants- NITK, instead of considering their cases of up-gradation, though there was no impediment of any kind, such as, an interim order passed in the writ petitions, proceeded to
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS decline the request to consider their cases solely on the ground that the writ petitions filed by respondent Nos.1 and 2 were pending. It was also noticed that pendency of the writ petitions challenging the recruitment cannot be an embargo for considering the financial up-gradation under AGP.
14. It was brought to the notice of the learned Single Judge that the appellants- NITK had appointed Prof. H.V. Sudhakara Nayak, to consider the grievances of the writ petitioners and to submit a report to the appellants- NITK. The report of Prof.H.V. Sudhakar Nayak was placed before the learned Single Judge wherein, he had suggested two solutions for the grievances of respondent Nos.1 and 2.
15. After noting the report of the Committee of Prof.H.V. Sudhakar Nayak, the learned Single Judge disposed of all the batch of writ petitions by a common order and directed the appellants- NITK to implement the solutions suggested by the Committee.
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS
16. Feeling aggrieved by the said directions issued by the learned Single Judge in W.P.No.11878/2013 and W.P.No.11880/2013, the appellants- NITK preferred W.A. No. 1028/2024 and W.A.No.1051/2024, which were withdrawn with liberty to file review petitions. Accordingly Review Petitions in R.P.No.70/2025 and R.P.No.67/2025 were filed. The learned Single Judge, dismissed both the review petitions on 17.03.2025.
17. Being aggrieved by the directions issued in W.P.No.11878/2013 and W.P.No.11880/2013, the appellants- NITK have preferred W.A.No.501/2025 and W.A.No.505/2025. Being aggrieved by the dismissal of R.P.No.70/2025 and R.P.No.67/2025, the appellants- NITK have filed W.A.No.500/2025 and W.A.No.509/2025.
18. In the meanwhile, respondent Nos.1 and 2 have filed Contempt Petition in CCC No.709/2024 seeking action against the appellants for willful disobedience of the impugned orders.
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS
19. The learned counsel appearing for the appellants- NITK submits that:
(a) The impugned order of the learned Single Judge is not in accordance with the statute.
(b) The learned Single Judge failed to notice that one man Committee report is not as per statutory provisions of law and it was subject to acceptance of the Board of Governors of the appellants.
(c) The Report of the Committee cannot over rule the powers of Board of Governors, which in fact, is stated but it has been thrust upon the Board of Governors by virtue of the impugned order.
(d) The respondent No.1, Dr. Herbert had declined to accept the pay up-gradation under AGP and therefore, the report could not be accepted.
(e) The Report of the Committee was to be submitted to the Board of Governors for deliberations
- 34 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS but the impugned order directs the same upon the appellants.
(f) If the Report is accepted, it would have far reaching consequences since the seniority / vacancy in the Cadre would be affected.
Therefore, the learned counsel appearing for the appellants-NITK submits that the impugned judgment insofar as it directs the appellants to implement the recommendations of Prof. H.V.Sudhakar Nayak Committee is erroneous, and the same needs to be set aside.
20. Per contra, learned counsel appearing for respondent Nos.1 and 2 raises contention that the Writ Appeals - W.A.Nos.500/2025 and 509/2025 - are not maintainable. It is submitted that an appeal against the Review Petition is not permissible and therefore, filing such writ appeals is nothing but abuse of process of law. He also points out that the contentions of the appellants-NITK that the Report of Prof. H.V.Sudhakar Nayak's Committee should
- 35 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS have been placed before the Board of Governors, was not argued before the learned Single Judge. He points out that the appellants- NITK was constituted by an Act of the Parliament, but a New Board of Governors was not at all constituted for several years and writ of quo warranto was filed seeking directions. Therefore, there being several short comings, there was no reason for the appellants to find fault with implementation of the Report of the Committee, which would be a onetime solution. Apart from that, the conduct of the appellants that even though respondent Nos.1 and 2 were selected by the Selection Committee under the CAS scheme, they were not selected by the Board of Governors. Therefore, he submits that the appeals are bereft of any merits.
21. The grievance of respondent Nos.1 and 2, initially was, principally in respect of the notification issued by the appellants- NITK, without there being a Board of Governors till it was constituted pursuant to the directions issued in W.P.No.15701/2011 and
- 36 -
NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
W.P.No.15702/2011 and therefore, the notifications
issued in 2008 and 2009 for direct recruitment to the Cadre of Assistant Professors was illegal. So also, they had contended that they were the lecturers and they were eligible for up-gradation as Assistant Professors under the AGP, which was not properly considered. They contended that the notifications issued for recruitment either under the CAS scheme or otherwise, was marred by the absence of a statutory body under the provisions of Section 26 (1) of the National Institutes of Technology Act, 2007, viz., the First Statute of National Institutes of Technology, [hereinafter referred to as 'Statute'] which came into effect on 23.04.2009.
22. The provisions of the Statute, provide for constitution of Board of Governors and various other Wings of the NITK, including the Selection Committee. The Selection Committee, would be the statutory committee, which would deal with the Promotions and Appointments and recommend the same to the Board of Governors. It
- 37 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS cannot be denied that the Selection Committee and the Board of Governors are the statutory bodies under the Statute, and therefore, there cannot be any deviation in respect of any such acts entrusted to them.
23. Clause-23 of the Statute deals with the nature of the Appointments to the Board of Governors and other Committees and constitution of the Selection Committee. Such appointments by the Selection Committee have to be placed before the Board of Governors under the Clause 23.16 and 23.17 of the Statute.
24. Therefore, it is clear that the decision of the Board of Governors under the Statute would be final in so far as the Appointments and Promotions are concerned. It is trite law that when the powers and functions of the Board of Governors as well as the Selection Committee are governed by Statutory provisions, there would be no room for judicial intervention in the same. The powers of the Court under Article 226 of the Constitution cannot be exercised to supplant a valid law.
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NC: 2025:KHC:28804-DB
WA No. 500 of 2025
C/W CCC No. 709 of 2024
WA No. 501 of 2025
HC-KAR AND 2 OTHERS
25. No-doubt, the one man Committee of Dr.H.V.
Sudhakar Nayak was constituted by none else than the Statutory Authority of the appellants. It was for such statutory authority to take a call to find a solution for the grievances of respondent Nos.1 and 2. The One man Committee holds an enquiry and during the course of enquiry, respondent Nos.1 and 2 mutually agree upon a solution in respect of their appointment and promotions. The One man committee recommends the same. The report of the Committee do not show that the statutory requirements of the kind of the qualifications and eligibility, were considered. Therefore, in the light of the recommendations made by the Committee of Dr. H.V.Sudhakar Nayak, it was for the authorities under the Statute to consider the qualifications, eligibility and such other requirements of respondent Nos.1 and 2 for appointment and up-gradation under AGP. Further, the recommendations made by the committee of Dr. H.V. Sudhakar Nayak, though was placed before the Board of
- 39 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS Governors, it was not confirmed in its next meeting. [under Sub Clause 13 of Clause 4 of the Statute, every resolution passed needs to be confirmed in its next meeting]. This aspect was noted by the learned Single Judge in the order dated 10.10.2019.
26. Thereafter, though it was stated before the Court that the Board of Governors did not agree on the recommendations made by the Committee of Dr. H.V.Sudhakar Nayak, even then the learned Single Judge, with a view of giving a quietus and resolving the impasse, passed the impugned order on 25.09.2023 directing the appellants to give effect to the recommendations of the committee.
27. Obviously, the solutions suggested by Dr. H.V.Sudhakar Nayak did not get the nod of Board of Governors. When the field is occupied by the Statute, a deviated procedure could not have been thrust upon the appellants. In the impugned order, in para 14, the learned Single Judge states that since both the petitioners have
- 40 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS agreed to the solutions proposed by Dr. H.V. Sudhakar Nayak, it would be appropriate to direct the appellants to accept the solution. It is this aspect, which is assailed before this Court.
28. In our considered view, there could not have been a direction to accept a procedure, which is in the teeth of the statutory provisions concerning the selection and promotion. Moreover, the effect of accepting the recommendations of the Committee would have a cascading effect on the cadre strength, vacancy etc,. Therefore, the said direction to accept the report of the Dr. H.V.Sudhakar Nayak's committee deserves to be set aside. The questions raised by the writ petitioners need to be considered on merits by the learned Single Judge. Therefore the matters need to be placed before the learned Single Judge for adjudication.
29. In so far as Writ Appeals in W.A.No.500/2025 and W.A. No.509/2025 against the dismissal of the Review Petitions are concerned, prima facie, they are not
- 41 -
NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS maintainable in law. There is a clear bar under Order XLVII Rule 7 of CPC. This view is reiterated by the Apex Court in the case of Vinod Kapoor Vs. State of Goa1, by affirming that a Special Leave Petition for appeal against rejection of review petition is not maintainable. In the present cases, no material is before us to show that liberty was reserved to question the order in Writ Petition while the W.A. Nos.1028/2024 and 1051/2024 were withdrawn. Hence, the Writ Appeals in W.A. No.500/2025 and W.A.No.509/2025 are liable to be dismissed with costs.
30. For aforesaid reasons, the Writ Appeals being W.A.No.501/2025 and W.A.No.505/2025 deserve to be allowed, setting aside the impugned orders of the learned Single Judge in W.P.No.11878/2013 and W.P.No. 11880/2013 and the matters are placed before the learned Single Judge for adjudication of the questions raised therein.
1(2012) 12 SCC 378
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NC: 2025:KHC:28804-DB WA No. 500 of 2025 C/W CCC No. 709 of 2024 WA No. 501 of 2025 HC-KAR AND 2 OTHERS
31. Writ Appeal Nos.500/2025 and 509/2025 are to be dismissed with consolidated costs of Rs.25,000/- to be paid to KSLSA within a period of eight weeks.
32. As a consequence, the Contempt Petition in CCC No.709/2024, which is filed alleging contempt of the orders in W.P.No.11878/2013 and W.P.No.11880/2013 is closed. Ordered accordingly.
33. Pending IAs, if any, stand disposed of.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 70