IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 262 OF 2022 (S-RES)

BETWEEN:

DR SATHISHA S/O SUNDARI AGED 43 YEARS R/AT CHITRAPU VILLAGE NEAR BHARAGESHWARA DAIVASTHANA MULKI POST,MULKI TALUK DAKSHINA KANNADA DISTRICT-574154.

…PETITIONER (BY SRI. GOVINDARAJ K.,ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION (COLLEGIATE)

M S BUILDING, BANGALORE-560001.

Digitally signed by MALATHI CHALUVA IYENGAR

2. COMMISSIONER OF COLLEGIATE EDUCATION Location: HIGH COURTOF UNNATHA SHIKSHANA SOUDHA KARNATAKA SHESHADRI ROAD, BANGALORE-560001.

3. DIRECTOR OF COLLEGIATE EDUCATION DR AMBEDKAR ROAD SAMPANGIRAMANAGARA BANGALORE-560001.

4. JOINT DIRECTOR OF COLLEGIATE EDUCATION REGIONAL OFFICE HAMPANKATTA UNIVERSITY COLLEGE CAMPUS MANGALORE, DAKSHINA KANNADA-575001.

5. THE PRESIDENT ADAMARU MATH EDUCATION COUNCIL POORNAPRAJNA EDUCATION COLLEGE CAMPUS UDUPI, DISTRICT UDUPI-576101..

…RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1 TO R4:

R5 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENTS TO APPOINT THE PETITIONER TO THE POST OF ASSISTANT PROFESSOR IN KANNADA UNDER RESERVED SC CATEGORY IN THE COLLEGES RUN BY R-5 AS PER NOTIFICATION VIDE ANNEXURE-F IN NO: KASHIE/15/KHAKUBA/MUMU/2018-1-/NEVI-2 WITH EFFECT FROM 01.07.2021.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

This writ petition is filed under Article 226 of the Constitution of India, challenging the communication dated 02.09.2021 issued by the second respondent vide Annexure-J, whereby approval of the petitioner’s appointment as Assistant Professor in Kannada under the SC category in the fifth respondent–Institution was rejected on the ground that, while completing his Ph.D., the petitioner had not satisfied the five conditions stipulated in the UGC Regulations, 2016.

2. The fifth respondent issued a notification calling for applications to fill up the posts of Assistant Professors in various subjects, as per Annexure-E. Pursuant thereto, the petitioner applied for the post of Assistant Professor in Kannada under the SC category. The Selection Committee selected the petitioner for the said post and forwarded his name to the State Government for approval. However, the second respondent, vide Annexure-J, rejected the said proposal. Therefore, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner has raised the following contentions:

(i) Firstly, as per the UGC Regulations, 2016, the primary qualification required for the post of Assistant Professor is a Master’s Degree with at least 55% marks and clearance of the National Eligibility Test (for short, ‘NET’). Since the petitioner has secured more than 55%

marks in his Master’s Degree and has cleared the NET, he is eligible to be appointed as Assistant Professor.

(ii) Secondly, if a candidate has been awarded a Ph.D. degree, he is exempted from NET, provided that the Ph.D. has been obtained in compliance with the five conditions mentioned in the Regulations. Since the petitioner has already cleared the NET examination and possesses a Master’s Degree in Kannada with more than 55% marks, his appointment cannot be rejected on the ground that his Ph.D. was not obtained in compliance with the said five conditions. Hence, he seeks that the writ petition be allowed.

4. The learned Additional Government Advocate appearing for the State has contended that, though the petitioner has been awarded a Ph.D., he has not fulfilled the five conditions mentioned in the UGC Regulations.

Hence, he seeks dismissal of the writ petition.

5. Heard the learned counsel for the parties and perused the writ petition papers.

6. As per the UGC Regulations, 2016, the eli