IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 102329 OF 2023 (S-RES)

BETWEEN:

SRI. LAXMAN GOUDA S/O. KESHA GOUDA AGED ABOUT 36 YEARS, OCC: PROJECT HEAD, IISC, BENGALURU, R/O. HOSAMOTE, MAVIN KURVA, HONNAVARA, DIST: KARWAR-581335.

…PETITIONER (BY SRI. SUNIL S.DESAI, ADVOCATE)

AND:

1. THE DIRECTOR INDIAN INSTITUTE OF TECHNOLOGY (IIT), WALMI, CAMPUS, BELUR INDUSTRIAL AREA, NEAR HIGH COURT BENCH, PB ROAD, DHARWAD.

2. THE REGISTRAR INDIAN INSTITUTE OF TECHNOLOGY (IIT), WALMI, CAMPUS BELUR INDUSTRIAL AREA, MANJANNA NEAR HIGH COURT BENCH, PB ROAD, E DHARWAD.

…RESPONDENTS D M i A g N ita JA lly N s N ig A n E ed by (BY SRI. SHIVASAI M.PATIL, ADVOCATE)

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.16 12:54:00 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 +0530 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION/ORDER BEARING NO.ADMIN/FW/LAXMAN GOUDA/2022-23/210 DATED 17-03- 2023 VIDE ANNEXURE-K ISSUED BY THE 2^ND RESPONDENT, AS ILLEGAL, ARBITRARY AND VIOLATION OF PRINCIPAL OF NATURAL JUSTICE, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE PETITIONER TO THE POST OF ASSISTANT PROFESSOR IN THE DEPARTMENT OF CHEMISTRY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioner has called in question the legality and validity of the communication dated 17.03.2023, issued by respondent No.2 (Annexure-K), whereby, the offer of appointment dated 02.11.2022 to the post of the Assistant Professor, Grade-I, Chemistry at IIT-Dharwad has been withdrawn, after the petitioner had already accepted the offer, joined duty and disclosed all material facts relating to the criminal proceedings pending against him.

Brief facts:

2. The petitioner, a highly qualified academician with international research experience, applied pursuant to a recruitment notification issued by the respondent-institute. After due selection process, interview, and approval by the competent authority, an offer of appointment dated 02.11.2022 was issued in his favour. The petitioner accepted the offer, resigned from his earlier employment, joined duty on 15.02.2023 and submitted a prescribed attestation form on 28.02.2023, wherein he truthfully disclosed the pendency of a criminal case and his arrest and custody arising out of a matrimonial dispute with his wife. Despite such disclosure, without issuing a show cause notice or affording an opportunity of hearing, the respondent issued the impugned communication (Annexure- K), withdrawing the appointment solely on the ground of pendency of the criminal case.

3. Learned counsel for the petitioner submits that the impugned action is arbitrary, disproportionate and violative of the principles of natural justice, as no opportunity of hearing was afforded prior to withdrawal of the appointment. The petitioner has not suppressed any material fact, on the contrary he made a full and truthful disclosure in the attestation form. The criminal case relied upon by the respondent;

(i) arises out of a matrimonial dispute initiated by the wife, (ii) does not pertain to moral turpitude, professional misconduct or corruption, financial fraud or offences affecting public trust and (iii) does not have nexus whatsoever with the duties of an Assistant Professor.

Mere arrest, custody or pendency of a matrimonial case cannot ipso facto render the petitioner unsuitable, especially when he had already been selected on merit and permitted to join. It is submitted that the respondent has misapplied the statutory scheme and the judicial precedents governing verification of antecedents.

4. Learned counsel appearing for the respondent submits that the service matters of IIT are governed by the Institutes of Tech