IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 106934 OF 2023 (S-RES)

BETWEEN:

DR. AMSHUMALI M.K.

S/O M.M. KRISHNAMURTHY RAO, AGE: 51 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF INDUSTRIAL CHEMISTRY, VIJAYANAGARA SREE KRISHNADEVARAYA UNIVERSITY BALLARI- 583105.

…PETITIONER (BY SRI. SAURABH A. SONDUR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HIGHER EDUCATION, (UNIVERSITY-I) M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001.

2. THE VICE CHANCELLOR, VIJAYANAGARA SRI. KRISHNADEVARAYA UNIVERSITY JNANASAGARA CAMPUS, VINAYAKA NAGARA, MANJANNA CONTONMENT, TQ: BALLARI, E DIST: BALLARI- 583105, Digitally signed by REPRESENTED BY ITS REGISTRAR.

MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH 3. VIJAYANAGARA SRI KRISHNADEVARAYA UNIVERSITY, Date: 2026.02.23 11:01:12 +0530 JNANASAGARA CAMPUS, VINAYAKA NAGARA, CONTONMENT, TQ: BALLARI, DIST: BALLARI- 583105, REPRESENTED BY ITS REGISTRAR.

…RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1, SRI. ANOOP G. DESHPANDE, ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO. VSKUB/ DPAR-T/ CAS-PROMOTION/ 2022-23/ 3084 DATED. 16-03-2023 PASSED BY RESPONDENT NO. 3, VIDE ANNEXURE-N, IN SO FAR AS IT DENIES THE BENEFIT OF COUNTING OF PAST SERVICE OF THE PETITIONER AS PER REGULATION 10 OF THE UGC GUIDELINES IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC.,.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP 1, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)

The petitioner, an Assistant professor in Department of Industrial Chemistry, Vijayanagara, Sree Krishnadevaraya University, has called in question the legality of the orders dated 21.07.2017 (Annexure-K) and 16.03.2023 (Annexure-N) insofar as the respondents have failed to count his past service while granting promotion under the UGC Career Advancement Scheme (CAS), thereby allegedly denying him timely promotion and consequential benefits.

Brief facts:

2. The petitioner holds M.Sc (Industrial Chemistry)

and Ph.D and has rendered substantial academic and research service both in India and abroad prior to joining the respondent-university. It is stated that he worked as a lecturer in recognized institution, research associate/post doctoral fellow in international universities, full time guest lecturer in the respondent-university prior to the regular appointment. He was appointed an associate Professor in November 2012 and by order dated 21.07.2017 (Annexure- K), he was promoted from Academic Level 10 to Academic Level 11 under CAS, effecting from the date of completion of the orientation / refresher course. Subsequently, by order dated 16.03.2023 (Annexure-N), he was promoted from Academic Level 11 to Academic Level 12 with effect from 05.11.2022. The grievance of the petitioner is that while fixing eligibility dates for promotion under CAS, the respondents have failed to count his past regular service as mandated under Regulation 10 of the University Grants Commission Regulations (‘UGC Regulation’ for short).

3. Learned counsel for the petitioner contends that the Regulation 10.1 clearly mandates counting of previous regular service, whether national or international, for the purpose of direct recruitment and promotion under CAS. In support of his contention, he relies upon the decision of the Apex Court in the case of Mahatma Gandhi University and others Vs. Rincymol Mathew, AIR 2022 SC 5631 (Mahatma Gandhi Univesity), wherein the Apex Court held that previous regular service must be counted for CAS benefits if the conditions under Regulation 10 are satisfied. Further, the decision of this Court is relied in the case of Parameshwar V