The court held that the KSET eligibility declaration must adhere to the reservation requirements mandated by Karnataka law, emphasizing subject-wise representation for equitable access to educational positions.

ORDER :

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

The petitioner who is presently working as Assistant Professor in the Government Law College, Chamarajnagar, is aggrieved of his non-accreditation in the Karnataka State Eligibility Test (hereinafter referred to as ‘KSET’ for short). The prayer in the writ petition is as follows:

A. Call for the records.

B. Issue a Writ of Certiorari or any other Writ, Order or Direction to quash the impugned Notification titled “Cut off marks and Percentages of subjects of KSET-2021 Examination held on 25^th July, 2021” dated 02^nd November, 2021 produced at Annexure-A in so far as it relates to the Petitioner’s subject at Subject Code 18 is concerned issued by the Respondent;

C. Issue a Writ of Certiorari or any other Writ, Order or Direction to set aside Impugned Notification regarding ‘Conditions for Eligible Candidates’ dated 2^nd November 2021, produced at Annexure-B issued by the Respondent;

D. Declare the Petitioner as eligible by taking into consideration of the Aggregate score of the petitioner in Law Subject in KSET-2021 Examination as per UGC formula and Karnataka State Reservation policy as prescribed in KSET-2021 Notification dated 06^th February 2021;

E. Issue a Writ of Certiorari or any other Writ, Order, or direction to quash Annexure-D of the Notification dated 6^th February, 2021 to the extent it prescribes the impugned formula for determining eligibility for the posts under KSET-2021.

F. To pass such further orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.”

2. Respondent No.1-KSET, a Nodal Agency, has been established by the State Government in coordination with the Government of India to accredit teachers, certify them as eligible for being appointed to the post of Lecturers and Assistant Professors. Having regard to the Education Policy, 1986, the Government of India envisaged qualifying tests to be conducted and to certify only those candidates who, besides fulfilling the minimum academic qualification prescribed for the post of Lecturer, have qualified in a comprehensive test to be specifically conducted for the purpose, will be certified as eligible for appointment as Lecturer. Respondent No.1-KSET, in consultation with respondent No.2-University Grants Commission conducts eligibility tests in the State of Karnataka. The petitioner responded to an invitation/notification issued by respondent No.1-KSET on 06.02.2021 and filed an application to take up the test, for the post of Assistant Professor, in the subject-Law. The results of the examination were declared in the official website of respondent No.1 on 02.11.2021 and the petitioner was declared as “not eligible”, and consequently, this writ petition is filed by the petitioner raising a challenge to the declaration of results in the impugned notification at Annexure-A dated 02.11.2021, the subsequent amendment as permitted, the petitioner has also raised challenge to the “conditions for eligible candidates” in the impugned notification dated 06.02.2021 where a formula is prescribed for determining eligibility.

3. Learned counsel for the petitioner submits that procedural criteria for declaration of KSET results, as found in the impugned notification dated 06.02.2021 at Annexure-D prescribes 6% of the candidates who appear in both the papers, namely, Paper-I and Paper-II of KSET, to be accredited. However, although procedure prescribed subject-wise and category-wise distribution, nevertheless, the formula prescribed in the impugned notification, does not adhere to such selection, subject-wise. It is submitted that the State