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2025 Supreme(Kar) 1652

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.I.Arun
Dileep Kumar, S/o Shreemanth – Appellant
Versus
State of Karnataka, Department Of Agriculture – Respondent


Advocates Appeared:
For the Petitioner:Sri. H.Mohan Kumar, Advocate
For the Respondent:Sri.Mallikarjun Sahukar, Aga, Sri.Sudhirsingh R Vijapur, Advocate, Sri.Jayakumar S Patil, Senior Counsel For, Sri.Mahantesh Patil, Advocate

Judgement Key Points

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ORDER :

M.I. Arun, J.

The issue pertains to the eligibility criteria adopted by the third respondent - University of Agricultural Sciences, Raichur (for short "University") for the post of Assistant Professor (Direct Recruitment).

2. The petitioners in these two petitions are aspirants for the post of Assistant Professor in third respondent-University. They have challenged the eligibility criteria fixed by the third respondent on the ground that it is in violation of the criteria fixed by the second respondent - University Grants Commission (for short "UGC").

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3. The respondent No.2 - UGC is constituted under the provisions of the University Grants Commission Act , 1956. Entry 25 of List III-Concurrent List of Seventh Schedule of the Constitution of India reads as under:

"25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."

4. Thus, both the State as well as the Parliament are authorised to legislate with regard to the aforementioned subject matters and in case of any conflict, the law made by the Parliament prevails over the law made by the State





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