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2026 Supreme(Online)(Kar) 27103
THE HIGH COURT OF KARNATAKA
D K Singh, T.M.Nadaf, JJ
Bangalore University – Appellant
Versus
Neema Gnanadev – Respondent
WRIT APPEAL NO. 1564 OF 2025 (S-RES)
For the Appellants/Petitioners: Prasanna.B.R.
For the Respondents: T.P.Rajendra Kumar Sungay, C.Jagadish
A statute enacted after the date of an impugned judicial order cannot be retrospectively applied to challenge the findings and directions contained in that order.
Headnote:The case involves a challenge to an order of the learned single judge directing the reinstatement and grant of service benefits to an Associate Professor whose appointment was terminated due to the failure to submit a caste certificate under the scheduled tribe category. The university sought review of this decision, which was dismissed. Before the appellate court, the university questioned the direction regarding continuity of service, citing a university statute. The court determined that as the statute was enacted subsequent to the impugned order, it could not be applied retrospectively to the facts of the case. The appeal filed by the university was dismissed without costs.
| Table of Content |
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| 1. overview of the background regarding the termination of the respondent and the subsequent writ and review proceedings. (Para 1 , 2 , 3) |
| 2. statutes enacted after a judicial order cannot have retrospective application to the subject matter of that order. (Para 4) |
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (i) TO SET ASIDE THE IMPUGNED ORDER DATED 12.02.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No. 22871/2023 (S-RES) IN SO FAR IT IS OBJECTED, CONFIRMED IN R.P No.162/2024 DATED 15.07.2025 AND TO DISMISS THE WRIT PETITION AND (ii) TO GRANT SUCH OTHER AND FURTHER RELIEF, WHICH DEEMED FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present intra court appeal has been filed impugning the Order dated 12.02.2024 passed by the Writ Court in W.P.No.22871/2023 filed by the respondent Dr.Neema Gnanadev, whose services came to be terminated after due selection on the post of Associate Professor in the Department of Centre for Rural Development Studies, Bengaluru University on the ground that the respondent/petitioner failed to submit the Caste Certificate of her belonging to ST Category.
2. The Writ Court vide impugned order has allowed the Writ Petition and set aside the impugned order bearing No.STAFF/2:APP-b dated 30.01.2023 issued by the appellant and Endorsement bearing No.Staff 2:E9:APT/Teaching/A.U./etc.,/2021 dated 16.08.2023.
3. The Writ Court has not only directed for reinstatement of the respondent, but also has directed to give benefit of continuity of service with all monetary and other academic benefits excluding arrears of salary. The appellant immediately sought review of the said order passed by the Writ Court by filing a Review Petition No.162/2024. The said Review Petition has been dismissed vide order dated 15.07.2025 on the ground that there was no error apparent on the face of the record of the order 12.02.2024 passed in the Writ Petition.
4. The Learned counsel for the appellant University submits that the University has filed the present appeal only against the direction No.(iv) for giving continuity of service to the respondent/petitioner. The Learned counsel for the university has placed reliance on Statute 6.1 of the University Statute. However this statute has been enacted after the order passed by the Writ Court. Obviously this statute will have no application to the facts and circumstances of the present case. Accordingly, we dismiss the Writ Appeal. However, without costs.
