IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21162 OF 2024 (S-RES)

BETWEEN:

DR M S VEENA W/O MR. RAVI K V AGED ABOUT 48 YEARS WORKING AS ASSISTANT PROFESSOR SRI SARVAJNA EDUCATION COLLEGE VIJAYANAGAR, NO.7 AND 8

14^TH CROSS, M C LAYOUT VIJAYANAGAR, BANGALORE-560010.

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

AND:

1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION Digitally signed by DHANALAKSHMI EDUCATION DEPARTMENT MURTHY M S BUILDING, BANGALORE-560001.

Location: HIGH COURTOF

2. THE COMMISSIONER KARNATAKA DEPARTMENT OF COLLEGIATE EDUCATION OFFICE OF THE COMMISSIONER OF COLLEGIATE EDUCATION K R CIRCLE, BANGALORE 560001.

3. ADDITIONAL DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION OFFICE OF THE COMMISSIONER OF COLLEGIATE EDUCATION K R CIRCLE, BANGALORE-560002.

4. SRI SARVAJNA COLLEGE OF EDUCATION VIJAYANAGAR, NO.7 AND 8, 14^TH CROSS M C LAYOUT, VIJAYANAGAR BANGALORE-560 010 REP. BY ITS PRINCIPAL DR MADHUMATHI B P.

…RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1 TO R3:

NOTICE TO R4 IS DISPENSED WITH V/O DATED: 25.09.2024)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE GOVERNMENT ORDER BEARING NO. ED 33 UGH 2024(E) DATED: 08.07.2024 PASSED BY THE R-1 AT ANNEXURE-N AS UNSUSTAINABLE IN LAW AND CONSEQUENTLY DIRECT THE RESPONDENTS TO GRANT ALL CONSEQUENTIAL BENEFITS THAT WOULD FLOW FROM QUASHING OF THE AFORESAID IMPUGNED ORDER AND ETC.

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 Articles 226 and 227 of the Constitution of India, challenging the order dated

08.07.2024 (Annexure-N) passed by the first respondent.

2. The case of the petitioner is that she was appointed as a Lecturer in Sarvajna College of Education, the fourth respondent institution, on 08.02.1999. She completed her postgraduate degree, i.e., M.Ed., in 1998 and obtained her M.Phil. degree in the year 2009. Thereafter, by order dated 07.11.2015 (Annexure-L), the petitioner was granted the University Grants Commission (UGC) pay scale. By the impugned order dated 08.07.2024 (Annexure-N), the UGC pay scale granted to the petitioner has been withdrawn on the ground that one Mr.R.S.Raju, who is similarly situated, is also claiming the same relief. Being aggrieved by the same, the petitioner has approached this Court.

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

(i) Firstly, on 11.07.2009, the UGC issued Regulations mandating that a candidate must possess NET/SLET/Ph.D. as a compulsory qualification for appointment as a Lecturer in degree colleges. However, the UGC clarified that persons who had obtained an M.Phil.

degree prior to 11.07.2009 are exempted from passing NET for UG-level teaching only. Since the petitioner was appointed in the year 1999 and completed her M.Phil. qualification on 14.05.2009, she is rightfully entitled to the UGC pay scale, which was granted by order dated

07.11.2015.

(ii) Secondly, by the impugned order, the UGC pay scale has been withdrawn solely on the ground that one R.S.Raju, who is similarly situated, had approached this Court by filing a writ petition and obtained an order declaring that he is also entitled to the UGC pay scale. The order passed by this Court in the case of R.S.Raju in W.P. No.19006/2021 was challenged by the State before the Division Bench in W.A. No. 1774/2024. The Division Bench confirmed the grant of the UGC pay scale to R.S.Raju. Therefore, the impugned order is contrary to the UGC Regulations and the judgment of this Court. Hence, the learned counsel sought to allow the writ petition.

4. The learned AGA appearing for the State submitted that, as per the UGC Regulations, 2018, a candidate must have completed NET/SLET