THE HIGH COURT OF KARNATAKA
K.S.HEMALEKHA
RAJKUMAR S/O SHRISHAIL AMBI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 100876/2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100876 OF 2025 (S-RES)
BETWEEN:
RAJKUMAR S/O. SHRISHAIL AMBI AGE. 50 YEARS, OCC. LIBRARIAN, B.V.BELLAD LAW COLLEGE BELAGAVI, R/O. HOSPET GALLI CHIKKODI, TALUK. CHIKKODI, DIST. BELAGAVI-591102.
…PETITIONER (BY SRI. MANJUNATH S.TORAGAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, COLLEGIATE EDUCATION, REPRESENTED BY ITS SECRETARY, M.S BUILDING, BANGALORE-560001.
MANJANNA E 2. PRINCIPAL SECRETARY DEPARTMENT OF LAW AND Digitally signed by PARLIAMENTARY AFFAIRS, MANJANNA E Location: HIGH COURT VIDHANA SOUDHA, OF KARNATAKA D D H at A e: R 2 W 0 A 2 D 6. 0 B 2 E . N 21 CH BANGALORE-560001.
11:31:21 +0530
3. PRINCIPAL SECRETARY DEPARTMENT OF FINANCE, VIDHANA SOUDHA, BANGALORE-560001.
4. COMMISSIONER FOR COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE-560009.
5. CHIEF ADMINISTRATIVE OFFICER COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE-560009. 6. JOINT DIRECTOR REGIONAL OFFICE, DEPARTMENT OF COLLEGIATE EDUCATION, UB HILLS MALMADDI, DHARWAD-580001.
7. KARNATAKA LINGAYAT EDUCATION SOCIETY REPRESENTED BY ITS SECRETARY, KLE SOCIETY HEAD OFFICE, COLLEGE ROAD, BELAGAVI-590001.
8. PRINCIPAL B.V. BELLAD LAW COLLEGE, EDUCATION BUILDING COMPLEX, KLE CAMPUS, COLLEGE ROAD, BELAGAVI-590001.
9. THE KARNATAKA STATE LAW UNIVERSITY REP. BY REGISTRAR, KSLU, HUBLI-DHARWAD.
…RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R6;
MISS. LAVANNYA SWAMI, ADVOCATE FOR SRI. MALLIKARJUNASWAMY B.HIREMATH, ADVOCATE FOR R7 AND R8;
SRI. K.L.PATIL, ADVCOATE FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION DATED. 10.01.2025 ISSUED BY THE RESPONDENT NO.5 BEARING NO. ¸ÀASÉå:PÁ²E/13/¯Á/SÁPÁPÁ/2012-13/£Éë-2 VIDE ANNEXURE-V BY DENYING TO APPOINT PETITIONER AS LIBRARIAN IN RESPONDENT NO.8 COLLEGE; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
The question that calls for consideration is, “Whether the introduction of NET/SLET as eligibility condition for recruitment and appointment of petitioner as librarian in respondent No.8-College as per the Gazette Notification dated 11.07.2009 prescribed by the University Grant Commission (“UGC” for short) and the State Government Order dated 24.12.2009 will effect the appointment of the petitioner under the State Pay Scale, in accordance with the existing Rules before 11.07.2009, when the eligibility condition was not compulsorily NET/SLET?”
2. The petitioner who is serving as a Librarian in respondent No.8-B.V.Bellad Law College, Belagavi, has approached this Court calling in question the communication dated 10.01.2025 issued by respondent No.5-Chief Administrative Officer, Office of the Commissioner, Collegiate Education, Bengaluru, whereby his request for consideration under the grant-in-aid scheme in terms of the Government Order dated 26.08.2015 was rejected.
Brief Facts:
3. The petitioner applied for the post of Librarian in respondent No.8-College in October, 2007 while awaiting his M.Lib., Master Degree examination results and was appointed on 27.11.2007, through a regular selection process. At the time of appointment, the compulsory requirement of NET/SLET/Ph.D under the UGC Regulations was not in force. The petitioner initially secured 54.75% marks in M.Lib., and upon revaluation declared on 20.05.2009, he secured 55% marks thereby satisfying the minimum eligibility under the then prevailing norms. His appointment was confirmed on 13.07.2009 and he has been continuously serving in the said post for more than 18 years. The State Government, by proceedings dated 26.08.2015 granted aid to 19 Law Colleges and approved several appointments including Librarians under the State Pay Scale, even when the appointees did not possess NET/SLET/Ph.D qualif
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