Mrs Vasudha S vs The State Of Karnataka

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Karnataka High Court

Mrs Vasudha S vs The State Of Karnataka on 6 March, 2026

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF MARCH 2026

BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

WRIT PETITION NO. 24872 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 27878 OF 2023 (S-RES)
WRIT PETITION NO. 9698 OF 2023 (S-RES)
WRIT PETITION NO. 23717 OF 2024 (S-RES)
WRIT PETITION NO. 200543 OF 2024 (S-RES)

IN WP NO:24872/2024
BETWEEN:

MRS VASUDHA S
AGED 36 YEARS
W/O VIJAYA RAJ M
R/AT DOOR NO. 8-114
2ND FLOOR, SHANTHARAM COMPLEX
KANADKA, SHAKTHINAGAR
MANGALORE-575016.
... PETITIONER

(BY SRI. P P HEGDE, SENIOR COUNSEL FOR
SRI. VENKATESH SOMAREDDY, ADVOCATE)

AND

1. THE STATE OF KARNATAKA
REP. BY PRL. SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR B R AMBEDKAR ROAD
BANGALORE-560001.

2. THE COMMISSIONER OF COLLEGIATE EDUCATION
PALACE ROAD, BANGALORE-560001.
2

3. JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
GOVERNMENT COLLEGE CAMPUS
HAMPANKATTA, MANGALURU
DAKSHINA KANNADA-575001.

4. MANGALORE UNIVERSITY
REPRESENTED BY VICE CHANCELLOR
MANGALAGANGOTRI-574199.

5. THE APOSTOLIC CARMEL EDUCATIONAL SOCIETY ®
KARNATAKA, ST. ANN'S CONVENT
MANGALORE-575001
MANAGING COMMITTEE OF ST. AGNES COLLEGE
MANGALORE-575001
REP. BY ITS SECRETARY

6. SELECTION COMMITTEE CONSITITUTED IN
PURSUANT TO THE NOTIFICATION DATED 30/01/2023
VIDE ANNEXURE 'B' AND
REP. BY DR. SR LEONILLA MENEZES A.C.
CHAIRMAN-CUM-VICE PRESIDENT OF
GOVERNING BODY THE APOSTOLIC CARMEL
EDUCATIONAL SOCIETY ®
ST. ANN'S CONVENT
MANGALORE-575001.
... RESPONDENTS

(BY SRI.REUBEN JACOB, AAG FOR
SRI G RAMESH NAIK, AGA FOR R1 TO R3:
MISS. MEGHANA BALLAL, ADVOCATE FOR
SRI VIVEK HOLLA, ADVOCATE FOR R5 & R6:
R4 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

APPROPRIATE WRIT OF CERTIORARI OR ANY OTHER WRIT/

ORDERS QUASHING THE ORDER DATED 28.03.2023 BEARING
3

ORDER NO. ED 160 UPC 2022 VIDE ANNEXURE 'G' PASSED BY

THE STATE GOVERNMENT/RESPONDENT NO.1 AND ETC.

IN WP NO:27878/2023
BETWEEN:

SANTHOSH P
S/O LATE PALANI
AGED ABOUT 39 YEARS
PRESENTLY WORKING AS GUEST LECTURER
IN COMMERCE AT ACHARYA TULASI
NATIONAL COLLEGE OF COMMERCE
SHIMOGA AND
RESIDING AT NO.225
CHOWDAMMA TEMPLE MAIN ROAD
SINGANAMANE, B R PROJECT
BHADRAVATHI TALUK
SHIVAMOGA DISTRICT
SHIMOGA-577115
... PETITIONER

(BY SRI. A NAGARAJAPPA, ADVOCATE)

AND

1. THE UNIVERSITY GRANT COMMISSION (UGC)
BAHADURSHAH ZAFAR MARG
NEW DELHI-110002
REP. BY ITS SECRETARY

2. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR B R AMBEDKAR VEEDHI
BANGALORE-560001.

3. THE COMMISSIONER OF COLLEGIATE
EDUCATION IN KARNATAKA
DR AMBEDKAR VEEDI
SAMPANGIRAM NAGAR
BANGALORE-560001.
4

4. THE NATIONAL EDUCATION SOCIETY (R)
NEAR MAHAVEER CIRCLE
BALRAJ URS ROAD
SHIMOGA-577201
REP. BY ITS SECRETARY
... RESPONDENTS

(BY SRI. REUBEN JACOB, AAG FOR
SRI. G RAMESH NAIK, AGA FOR R2 & R3:
SMT. SARAVANA P, ADVOCATE FOR R1:
SRI. M NARAYANA BHAT, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT
OF CERTIORARI QUASHING THE AMENDED ORDER/
CORRIGENDUM DATED 07.12.2023 ISSUED BY THE 2ND
RESPONDENT IN NO. ED 160 UPC 2022 (E) MARKED AT
ANNEXURE-R AND ETC.

IN WP NO:9698/2023
BETWEEN:

1. PRASANNA KUMAR T K
S/O LATE KALEGOWDA
AGED ABOUT 33 YEARS
R/AT THAGGAHALLI VILLAGE & POST
MANDYA TALUK & DISTRICT
MANDYA-571403.

2. SANTHOSH P
S/O LATE PALANI
AGED ABOUT 39 YEARS
PRESENTLY WORKING AS GUEST
LECTURER IN COMMERCE AT ACHARYA
TULASI NATIONAL COLLEGE OF COMMERCE
SHIMOGA AND
R/AT NO.225, CHOWDAMMA TEMPLE
5

MAIN ROAD, SINGANAMANE,
B R PROJECT, BHADRAVATHI TALUK,
SHIVAMOGA DISTRICT
SHIMOGA-577115.

3. SMT. ANUSUYA KAMATH
W/O NAVEEN CHANDRA SHENOY
AGED ABOUT 36 YEARS
PRESENTLY WORKING AS ASSISTANT PROFESSOR
IN SOCIAL WORK AT SCHOOL OF SOCIAL WORK
ROSHNI NILAYA, MANGALORE
KANKANADY-575002
DAKSHINA KANNADA DISTRICT
R/AT DAMODAR KRIPA
OPPOSITE OF BUS STAND
BELMAN, KARKALA, UDUPI-576111

4. SMT. ANURADHA SHETTY
W/O SUBHASH SHETTY
PRESENTLY WORKING AS
ASSISTANT PROFESSOR IN SOCIAL WORK
AT SCHOOL OF SOCIAL WORK
ROSHNI NILAYA, MANGALORE-575002
DAKSHINA KANNADA DISTRICT
R/AT DURGA KRIPA
RAGHAVENDRA MATT ROAD
KULAI HOSABETTU, SURATKAL
DAKSHINA KANNADA DISTRICT
... PETITIONERS

(BY SRI. NAGARAJAPPA A, ADVOCATE)

AND

1. THE UNIVERSITY GRANT COMMISSION (UGC)
BAHADURSHAH ZAFAR MARG
NEW DELHI-110002
REP. BY ITS SECRETARY

2. THE STATE OF KARNATAKA
REP. BY ITS. SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR B R AMBEDKAR VEEDHI
6

BANGALORE-560001.

3. THE COMMISSIONER FOR COLLEGIATE EDUCATION
IN KARNATAKA, AMBEDKAR VEEDI
SAMPANGIRAM NAGAR
BANGALORE-560001.
4. THE DHARMAPRAKASHA D BANUMAIAH'S
EDUCATIONAL INSTITUTION
D BANUMAIAH'S COLLEGE OF COMMERCE AND ARTS
NEW SAYYAJI RAO ROAD
MYSORE-570004
REP. BY ITS SECRETARY

5. THE NATIONAL EDUCATION SOCIETY (R)
NEAR MAHAVEER CIRCLE
BALRAJ URS ROAD
SHIMOGA-577201
REP. BY ITS SECRETARY

6. THE INSTITUTE OF SOCIAL SERVICE
ROSHNI NILAYA, MANGALORE-575002
REP. BY ITS SECRETARY.
... RESPONDENTS

(BY SRI. REUBEN JACOB, AAG FOR
SRI. G RAMESH NAIK, AGA FOR R2 & R3:
SRI. SHOWRI H R, ADVOCATE FOR R1:
SRI. KALEEMULLAH SHARIFF, ADVOCATE FOR R4:
SRI. M NARAYANA BHAT, ADVOCATE FOR R5:
R6 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT
OF CERTIORARI QUASHING THE GOVERNMENT ORDER DATED
28.03.2023 IN NO. ED 160 UPC 2022 MARKED AT ANNEXURE-L
ISSUED BY THE 2ND RESPONDENT.
7

IN WP NO:23717/2024
BETWEEN:

DR. MANJUSHRI C SHETTY
AGED 39 YEARS
W/O CHANDRAHASA SHETTY
R/AT "ASHRAYA"
HOSAMANE KANTHAPPA ROAD
PUMPWELL, KANKANADAY
MANGALORE-575002.
... PETITIONER

(BY SRI. P P HEGDE, SENIOR COUNSEL FOR
SRI. VENKATESH SOMAREDDY, ADVOCATE)

AND

1. THE STATE OF KARNATAKA
REP. BY PRL. SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR B R AMBEDKAR ROAD
BANGALORE-560001.

2. THE COMMISSIONER OF
COLLEGIATE EDUCATION
PALACE ROAD, BANGALORE-560001.

3. JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
GOVERNMENT COLLEGE CAMPUS
HAMPANKATTA, MANGALURU
DAKSHINA KANNADA-575001.

4. MANGALORE UNIVERSITY
REPRESENTED BY VICE CHANCELLOR
MANGALAGANGOTRI-574199.

5. THE APOSTOLIC CARMEL EDUCATIONAL SOCIETY ®
KARNATAKA, ST. ANN'S CONVENT
MANGALORE-575001
MANAGING COMMITTEE OF ST. AGNES COLLEGE
MANGALORE-575001
8

REP. BY ITS SECRETARY

(BY SRI. REUBEN JACOB, AAG FOR
SRI. G RAMESH NAIK, AGA FOR R1 TO R3:
SMT. MEGHANA BALLAL, ADVOCATE FOR
SRI. VIVEK HOLLA, ADVOCATE FOR R5 & R6:
R4 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
APPROPRIATE WRIT OF CERTIORARI OR ANY OTHER WRIT/
ORDERS QUASHING THE ORDER DATED 28.03.2023 BEARING
ORDER NO. ED 160 UPC 2022 VIDE ANNEXURE 'G' AND
ORDER DATED 07.12.2023 BEARING ORDER NO: ED 160 UPC
2022 (E) VIDE ANNEXURE 'H' PASSED BY THE STATE
GOVERNMENT/RESPONDENT NO.1 AND ETC.

IN WP NO:200543/2024
BETWEEN:

SRI. ASHWIN L CHAVAN
S/O LATE LAXMAN RAO CHAVAN
AGED ABOUT 32 YEARS
WORKING AS AN ASSISTANT PROFESSOR-CUM-HOD
ECONOMICS & NCC OFFICER
KARNATAKA ARTS, SCIENCE & COMMERCE COLLEGE
BIDAR AND AN INSTITUTION FUNCTIONING
9

UNDER THE KARNATAKA RASTREEYA EDUCATION
SOCIETY, BIDAR
NEAR BASAVESHWARA CIRCLE
UDGIR, HYDERABAD ROAD, BIDAR-585401.
... PETITIONER

(BY SRI. A NAGARAJAPPA, ADVOCATE)

AND

1. THE UNIVERSITY GRANT COMMISSION (UGC)
BAHADURSHAH ZAFAR MARG
NEW DELHI-110002
REP. BY ITS SECRETARY

2. THE STATE OF KARNATAKA
REP. BY ITS UNDER SECRETARY
DEPARTMENT OF HIGHER EDUCATION
(COLLEGE EDUCATION)
MULTISTOREYED BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560001.

3. THE COMMISSIONER FOR COLLEGIATE
EDUCATION IN KARNATAKA
DR AMBEDKAR VEEDI
SAMPANGIRAM NAGAR
BANGALORE-560001.

4. THE KARNATAKA RASTREEYA
EDUCATION SOCIETY
BIDAR, HYDERABAD ROAD
BIDAR-585401
REP. BY ITS PRESEIDENT

5. SRI. RAJAKUMAR
AGED ABOUT 45 YEARS
S/O SRI. AMBARAYA
BANNUR, AURAD (B)
KALABURGI-585316.

6. DR. HANIKA PATIL
AGED ABOUT 40 YEARS
10

D/O SRI. S BASAVARAJ
R/AT NO. 03 RATNA NILAYA
MOTTEE LAYOUT, OLD ADARSH COLONY
BIDAR-585401.
... RESPONDENTS

(BY SRI. REUBEN JACOB, AAG FOR
SRI. G RAMESH NAIK, AGA FOR R2 & R3:
SRI. SUDHIR SINGH R VIJAPUR, ADVOCATE FOR R1:
SRI. RAVI B PATIL, ADVOCATE FOR R4:
SRI. VIJAYA SIMHA REDDY, ADVOCATE FOR R5 & R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 PRAYING TO ISSUE AN ORDER OR DIRECTION OR
WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE
GOVERNMENT ORDER DATED 28.03.2023 IN NO. ED 160 UPC
2022 ISSUED BY 2ND RESPONDENT MARKED AT ANNEXURE-E
AND AS WELL AS THE CORRIGENDUM ORDER/AMENDED ORDER
PRODUCED AT ANNEXURE-H DATED 07.12.2023 IN NO. ED 160
UPC 2022 (E) ISSUED BY 2ND RESPONDENT AND ETC.

THESE WRIT PETITIONS, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 25.02.2026, COMING ON FOR
PRONOUNCEMENT, THIS DAY, THE COURT MADE THE
FOLLOWING ORDER:

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

CAV ORDER

These writ petitions are filed under Articles 226

and 227 of the Constitution of India challenging the

Government Orders dated 28.03.2023 and
11

07.12.2023, produced as Annexures G and H,

respectively, in W.P. No. 24872/2024 and other

reliefs.

2. The brief facts of the case are that the

respondent-private aided educational institutions

issued notifications on different dates inviting

applications to fill up the posts of Assistant Professors

in various faculties. Pursuant to the said notifications,

the petitioners applied for the posts of Assistant

Professors. As per the University Grants Commission

Regulations, 2018 (for short, 'UGC Regulations), the

method of selection involves short-listing candidates

who are qualified for appointment as Assistant

Professors in accordance with the criteria prescribed

under the UGC Regulations in Table 3B. The college is

required to decide the number of candidates to be

called for interview. The Government issued the

impugned Government Orders prescribing different
12

criteria for short-listing candidates and fixed a ratio of

1:5 for calling candidates for interview. The

petitioners contend that the impugned Government

Orders are contrary to the UGC Regulations. Being

aggrieved, the petitioners are before this Court.

3. In W.P.No.24872/2024, apart from mainly

challenging Annexures G and H, an additional prayer

seeking a writ of mandamus directing regularization of

services has also been sought.

4. Sri P.P. Hegde, learned Senior Counsel

appearing for the petitioners in W.P. Nos. 24872/2024

and 23717/2024, raised the following contentions:

(i) The UGC Regulations are mandatory in nature

and binding on all Universities, both the State and

Central Governments. The Regulations are framed

under the UGC Act enacted by Parliament under Entry

66 of List I of the Seventh Schedule to the
13

Constitution of India. Though the State Government is

empowered to legislate under Entry 25 of List III

under the Concurrent List relating to education, in the

event of any inconsistency between State legislation

and the UGC Act or the Regulations framed

thereunder, the UGC Act and the Regulations prevail.

Therefore, the impugned Government Orders issued

by the respondent-State are contrary to the UGC

Regulations and are unsustainable. In support of this

contention, reliance is placed on the judgment of the

Apex Court in MANDEEP SINGH AND OTHERS VS.

STATE OF PUNJAB AND OTHERS reported in 2025

SCC Online SC 1420.

(ii) The impugned Government Orders were

issued in the midst of the selection process. Once the

selection process has commenced, the method of

selection cannot be altered.
14

(iii) The Government issued an order dated

28.03.2023 vide Annexure G and thereafter issued a

modified order dated 07.12.2023 vide Annexure-H.

Both orders are contrary to the UGC Regulations and

are alleged to have been issued to favour certain

candidates.

(iv) The State Government has no authority to

tinker with the UGC Regulations. Hence, it is prayed

that the writ petitions be allowed.

5. Sri A. Nagarajappa, learned counsel appearing

for the petitioners in W.P.Nos.9698/2023, 27878/2023

and 200543/ 2024, raised the following contentions:

(i) The impugned Government Orders are

without authority of law and contrary to the UGC

Regulations.

(ii) As per the UGC Regulations, the college has

the discretion to decide the number of candidates to
15

be called for interview. Contrary thereto, the State

Government has fixed a ratio of 1:5 for calling

candidates for interview, which is contrary to the UGC

Regulations.

(iii) The vacancies in question have arisen from

the year 2015 onwards, and the private managements

have been recruiting Assistant Professors from time to

time. For the first time, the Government has issued

such Government Orders. This amounts to

discrimination and violates Article 14 of the

Constitution of India. It is further contended that once

the selection process has commenced, there cannot

be any change in the rules governing the selection. In

support of this contention, reliance is placed on the

judgment of the Apex Court in SIVANANDAN C.T.

AND OTHERS VS. HIGH COURT OF KERALA AND

OTHERS reported in (2024) 3 SCC 799.
16

6. Per contra, Sri Reuben Jacob, learned

Additional Advocate General appearing for the State,

raised the following contentions:

(i) The impugned Government Orders dated

28.03.2023 and 07.12.2023 were issued before

candidates were called for interview. In certain

colleges, interviews have not yet been conducted.

(ii) Under the UGC Regulations, Table 3B

prescribes the criteria for short-listing candidates for

interview for the posts of Assistant Professors. The

impugned Government Orders prescribe criteria only

for conducting the interview. In order to maintain

uniformity across aided institutions, the Government

issued instructions regarding the method of

conducting interviews. The Government has not

interfered with or altered the short-listing criteria

prescribed under Table 3B. The candidates were

short-listed strictly in accordance with Table 3B, and
17

at no point has the criteria under the UGC Regulations

been dispensed with. Therefore, the contention that

the UGC Regulations have been tinkered with is

unsustainable.

(iii) The private managements are running aided

institutions and receive grants from the Government.

Therefore, the Government is competent to issue

instructions to ensure uniformity in the conduct of

interviews. The UGC Regulations are silent regarding

the method of conducting interviews. The respondent-

colleges themselves have not challenged the

impugned Government Orders.

(iv) Under Clause 6(I) - Selection Procedure of

the UGC Regulations, the overall selection procedure

must be transparent, objective, and based on a

credible methodology for evaluating the merits and

credentials of the applicants, including weightage

assigned to performance under various parameters as
18

per Table 3B. Since the Regulations do not prescribe

specific criteria for conducting interviews, the

Government issued the impugned Government Orders

fixing common criteria for all colleges. In support of

this contention, reliance is placed on the judgments of

the Apex Court in STATE OF T.N. AND ANOTHER

VS. S.V. BRATHEEP (MINOR) AND OTHERS,

reported in (2004) 4 SCC 513; TEJ PRAKASH

PATHAK AND OTHERS VS. RAJASTHAN HIGH

COURT AND OTHERS, reported in (2025) 2 SCC 1;

and DHANANJAY MALIK VS. STATE OF

UTTARANCHAL, reported in (2008) 4 SCC 171.

7. The learned counsel appearing for the

respondent-Managements adopted the arguments

advanced by the learned Additional Advocate General.

8. Heard the learned counsel for the parties and

perused the writ petition papers.
19

9. The respondent-private managements issued

notifications inviting applications for the post of

Assistant Professor in various faculties. The

notifications were issued on different dates. For the

sake of convenience, a chart is prepared

hereinbelow:-

Sl. Writ Petition Subject No of Name of the Permission News Paper Interview
No Details Petitio Aided College Date Notification Conducted
ners date Date
01 VASUDHA S Physical 1 St. Agnes 30.01.2023 23.02.2023 01.04.2024
38596/2024 Cultural College,
Instructor Mangaluru
02 DR ECONOMICS 1 St. Agnes 30.01.2023 23.02.2023 04.01.2024
MANJUSHRI C College,
SHETTY Mangaluru
23717/2024
03 ASHWINI L ECONOMICS 1 Karnataka 21.03.2023 25.03.2023 26.02.2024
CHAVAN Arts, Science to
200543/2024 & Commerce 02.03.2024
College
04 SANTHOSH P COMMERCE 1 National 08.03.2023 16.03.2023 Interview not
27878/2023 Education Conducted
Society
05 PRASANNA Physical 1 D 08.03.2023 16.03.2023 Interview not
KUMAR T K Cultural Banumaiah Conducted
9698/2023 Instructor Educational for PCI Post
Institution
Society,
Mysore
06 SANTHOSH P COMMERCE 1 National 08.03.2023 16.03.2023 Interview not
9698/2023 Education Conducted
07 SMT ANUSUYA Social 1 Roshini 08.02.2023 16.03.2023 16.01.2024
KAMATH Work Nilaya
9698/2023 School of
Social Work
08 SMT. Social 1 Roshini 08.02.2023 16.03.2023 16.01.2024
ANURADHA Work Nilaya
SHETTY School of
9698/2023 Social Work
20

10. As per the UGC Regulations, 2018,

Regulation No.4.1 prescribed the qualification to the

post of Assistant Professor. The same is extracted

below:

"I. Assistant Professor:
Eligibility (A or B):
A.
i) A Master's degree with 55% marks (or
an equivalent grade in a point-scale wherever
the grading system is followed) in a
concerned/relevant/allied subject from an
Indian University, or an equivalent degree from
an accredited foreign university.
ii) Besides fulfilling the above
qualifications, the candidate must have cleared
the National Eligibility Test (NET) conducted by
the UGC or the CSIR, or a similar test
accredited by the UGC, like SLET/SET or who
are or have been awarded a Ph.D. Degree in
accordance with the University Grants
Commission (Minimum Standards and
Procedure for Award of M.Phil/PhD Degree)
Regulations, 2009 or 2016 and their
21

amendments from time to time as the case
may be exempted from NET/SLET/SET.
Provided, the candidates registered for
the Ph.D. programme prior to July 11, 2009,
by the provisions of the then existing
Ordinances/Bye-laws/Regulations of the
Institution awarding the degree and such Ph.D.
candidates shall be exempted from the
requirement of NET/SLET/SET for recruitment
and appointment of Assistant Professor or
equivalent positions in Universities/Colleges/
Institutions subject to the fulfillment of the
following conditions:
a) The Ph.D. degree of the candidate has
been awarded in a regular mode;
b) The Ph.D. thesis has been evaluated
by at least two external examiners;
(C) An open Ph.D. viva voce of the
candidate has been conducted;
d) The Candidate has published two
research papers from his/her Ph.D. work, least
one is in a refereed journal;
e) The candidate has presented at least
two papers based on his/her PhD
conferences/seminars sponsored/ funded/
22

supported by the UGC/ICSSR/CSIR or any
similar agency.
The fulfilment of these conditions is to be
certified by the Registrar or the Dean
(Academic Affairs) of the University concerned.
Note: NET/SLET/SET shall also not be required
for such Masters Programmes in disciplines for
which NET/SLET/SET is not conducted by the
UGC, CSIR or similar test accredited by the
UGC, like SLET/SET.
OR
B. The Ph.D degree has been obtained from a
foreign university/institution with a ranking
among top 500 in the World University
Ranking (at any time) by any one of the
following: (1) Quacquarelli Symonds (QS) (ii)
the Times Higher Education (THE) or (iii) the
Academic Ranking of World Universities
(ARWU) of the Shanghai Jiao Tong University
(Shanghai).

Note: The Academic score as specified in
Appendix II (Table 3A) for Universities, and
Appendix 3B) for Colleges, shall be considered
for short-listing of the candidates for interview
only, and the selections shall be based only on
the performance in the interview."
23

11. In the note to the Regulation No.4.1 -

Assistant Professor, it is very clear that, for short-

listing of the candidates for an interview, the Table 3B

mentioned in Appendix II has to be considered. The

Table 3B is extracted below:

"Table: 3B
Criteria for Short-listing of candidates for Interview for the Post of
Assistant Professors in Colleges.

S.N Academic Record Score
1 Graduation 8% & 60% to 55% to 45% to
above less than less than less than
80%=19 60%=16 55%=10
2 Post-Graduation 80% & 60% to 55% (50% in case of
above=25 less than SC/ST/OBC (non-
80%=23 creamy layer)/PWD)
to less than 60%=20
3 M.Phil. 60% & 55 % to less than 60% =05
above=07
4 Ph.D. 25
5 NET with JRF 10
NET 08
SLET/SET 05
6 Research Publications (2 06
marks for each research
publications published in
Peer-Reviewed or UGC-
listed Journals)
7 Teaching/Post Doctoral 10
Experience ( 2 marks for
one year each) #
8 Awards
International/National 03
Level (Awards given by
International
Organizations/Government
of India/ Government of
India recognized National
24

Level Bodies)
State-Level 02
(Awards given by State
Government)

# However, if the period of
teaching/post-doctoral experience is less than
one year then the marks shall be reduced
proportionately.
Note:

(A)

(i) M Phil.+Ph.D. Maximum -
25 Marks
(ii) JRF/NET/SET Maximum -
10 Marks
(iii) In awards category Maximum -
03 Marks

(B) Number of candidates to be called for
interview shall be decided by the college.

          Total                            -      100

(D)       SLET/SET      score          shall    be    valid   for

appointment in respective State Universities/ Colleges/Institutions only."

12. In all these cases, the respondent-colleges have short-listed the candidates for interview to the post of Assistant Professor on the basis of the criteria prescribed under Table 3B mentioned hereinabove. The impugned Government Order dated 28.03.2023 vide Annexure-G issued by the State Government fixes the criteria only for conducting the interview and not for short-listing the candidates. The operative portion of the said Government Order is extracted below:

"¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀÄªÀ CA±ÀUÀ¼À »£Éß¯ÉAiÀÄ°è, SÁ¸ÀV C£ÀÄzÁ¤vÀ ¥ÀæxÀªÀÄ zÀeÉð PÁ¯ÉÃdÄUÀ¼À°è ¢£ÁAPÀ:

31.12.2015 gÉÆ¼ÀUÉ ««zsÀ PÁgÀtUÀ½AzÀ SÁ°AiÀiÁzÀ ¨ÉÆÃzsÀPÀ ºÀÄzÉÝUÀ¼À£ÀÄß ¨sÀwð ªÀiÁrPÉÆ¼Àî®Ä ¸ÀPÁðgÀzÀ C£ÀÄªÀÄw ¤ÃrzÀÄÝ CzÀgÀAvÉ DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ C¢ü¸ÀÆZÀ£É ºÉÆgÀr¹ C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ¸À«Äw ªÀÄÆ®PÀ ¸ÀAzÀ±Àð£À £ÀqÉ¹ ¨sÀwð ªÀiÁrPÉÆ¼Àî®Ä (¸ÀAzÀ±Àð£À £ÀqÉ¸À®Ä ¥Àæ¸ÀÄÛvÀ ¨ÁQ EgÀÄªÀ J¯Áè ¥ÀæPÀgÀtUÀ¼ÀÄ M¼ÀUÉÆAqÀAvÉ) F PÉ¼ÀPÀAqÀ µÀgÀvÀÄÛ/ ªÀiÁ£ÀzÀAqÀUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¹ DzÉÃ²¹zÉ.

1) SÁ° ºÀÄzÉÝ ¨sÀwðUÉ ¸ÀA§A¢ü¹zÀAvÉ AiÀÄÄf¹ C¢ü¸ÀÆZÀ£É UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018 DATED: 18.07.2018 gÀ mÉÃ§¯ï-3© gÀ°è ¤UÀ¢ü ¥Àr¸À¯ÁVgÀÄªÀAvÉ, Cfð ¸À°è¹gÀÄªÀ C¨sÀåyðUÀ½UÉ CAPÀUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¹ 1:5 C£ÀÄ¥ÁvÀzÀ°è C¨sÀåyðUÀ¼À£ÀÄß ¸ÀAzÀ±Àð£ÀPÉÌ DºÁé¤¸ÀÄªÀÅzÀÄ.

2) ¸ÀAzÀ±Àð£ÀPÉÌ DAiÉÄÌAiÀiÁzÀ C¨sÀåyðUÀ½UÉ ¸ÀAzÀ±Àð£ÀzÀ PÀgÉAiÀÄ£ÀÄß jf¸ÀÖgï ¥ÉÆÃ¸ïÖ/¹àÃqï ¥ÉÆÃ¸ïÖ ªÀÄÄSÁAvÀgÀ gÀªÁ¤¸ÀÄªÀÅzÀÄ.

3) ¸ÀAzÀ±Àð£ÀPÉÌ F PÉ¼ÀV£ÀAvÉ 110 CAPÀUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¸ÀÄªÀÅzÀÄ.

The modified portion of the said Government Order dated 07.12.2023 vide Annexure-H which is to be read in continuance of the order, is as below:

wzÀÄÝ¥Àr DzÉÃ±À ¸ÀPÁðgÀzÀ DzÉÃ±À ¸ÀASÉå: Er 160 AiÀÄÄ¦¹ 2022 (E) ¢£ÁAPÀ: 28-03-2023 gÀ°è£À DzÉÃ±À ¨sÁUÀzÀ°è£À Table C£ÀÄß F PÉ¼ÀPÀAqÀAvÉ ¨sÁUÀ±ÀB w¢Ý N¢PÉÆ¼ÀîvÀPÀÌzÀÄÝ.

                                      27



                                    Table
Sl.     Academic Record                          Score
No.
1     Graduation                80% &        60% to    55% to      45% to
                               above=21       less       less       less
                                              than      than        than
                                            80%=19    60%=16 55%=10
2     Post-Graduation           80% &        60% to    55% (50% in case
                               above=25       less        of SC/ST/OBC
                                              than         (non-creamy
                                            80%=23    layer)/PWD) to less
                                                          than 60%=20
3     Ph.D                     15
4     NET with JRF             10
      NET                      08
      SLET/SET                 05
5     Research                 06
      Publications(2 marks
      for each research
      publications
      published in UGC -
      CARE listed journals)
6     Teaching/Post            10
      Doctoral Experience
      (2 Marks for one year
      each)
7     Awards
      International/National   03
      Level (Awards given
      by International
      Organizations/
      Government of India/
      government of India
      recognized National
      Level Bodies)
8     Domain Knowledge         10
      («µÀAiÀÄ ¥ÀjtÂw)
9     Communication skills     10
      (¸ÀAªÀºÀ£À PË±À®å)


       Note:
       A.
       (i)  Ph.D. Maximum -15 Marks

(ii) JRF/NET/SET Maximum -10 Marks 28

(iii) awards category Maximum -03 Marks B. Academic Score-74 (Graduation+Post-

Graduation+Ph.D+JRF/NET/SET+ Awards category) Research Publication-06 Teaching Experience-10 Total=90 C. SLET/SET score shall be valid for appointment in respective State Universities/Colleges/institutions only.

D. Domain Knowledge-10 & Communication Skills-10 Total=20 Grand total=110 ªÀÄÄAzÀÄªÀgÉzÀÄ, C£ÀÄzÁ¤vÀ ¸ÀA¸ÉÜUÀ¼À°è£À ¨ÉÆÃzsÀPÀ ºÀÄzÉÝÉUÀ¼À£ÀÄß ¨sÀwð ªÀiÁrPÉÆ¼ÀÄîªÀ°è F PÉ¼ÀPÀAqÀ µÀgÀvÀÄÛ/ªÀiÁ£ÀzÀAqÀUÀ¼À£ÀéAiÀÄ PÀæªÀÄªÀ»¸ÀÄªÀAvÉ w½¹zÉ.

1. C¨sÀåyðUÀ¼ÀÄ ¸ÀAzÀ±Àð£ÀzÀ°è MlÄÖ 110 CAPÀUÀ½UÉ ¥ÀqÉAiÀÄÄªÀ CAPÀUÀ¼À DzsÁgÀzÀ ªÉÄÃ¯ÉAiÉÄÃ C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ªÀiÁqÀÄªÀÅzÀÄ. ºÁUÀÆ SÁ° ºÀÄzÉÝ ¨sÀwðUÉ ¸ÀA§A¢ü¹zÀAvÉ DqÀ½vÀ ªÀÄAqÀ½UÀ½UÉ ºÀÄzÉÝ ¨sÀwðUÉ C£ÀÄªÀÄw ¤ÃqÀÄªÁUÀ gÁµÀÖç 29 ªÀÄlÖzÀ CxÀªÁ gÁdå ªÀÄlÖzÀ°è ºÉZÀÄÑ ¥Àæ¸ÁgÀzÀ°ègÀÄªÀ MAzÀÄ PÀ£ÀßqÀ ªÀÄvÀÄÛ MAzÀÄ EAVèÃµï ¢£À ¥ÀwæPÉAiÀÄ°è ºÀÄzÉÝ ¨sÀwðUÉ ¸ÀA§A¢ü¹zÀAvÉ «ªÀgÀªÁzÀ eÁ»ÃgÁvÀÄ ¤ÃqÀÄªÀÅzÀÄ.

2. DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ C¢ü¸ÀÆZÀ£É ºÉÆgÀr¹ C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ¸À«Äw ªÀÄÆ®PÀ ¸ÀAzÀ±Àð£À £ÀqÉ¸ÀÄªÀ ¸ÀAzÀ¨sÀðzÀ°è C¨sÀåyðUÀ½UÉ ¥ÀÆuÁðAPÀªÀ£ÀÄß ªÀiÁvÀæ ¤ÃqÀÄªÀÅzÀÄ.

3. DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ FUÁUÀ¯ÉÃ C£ÀÄªÀÄw ¥ÀqÉzÀÄ ¢£ÁAPÀ: 28.03.2023 QÌAvÀ ¥ÀÆªÀðzÀ°è ºÁUÀÆ ¢£ÁAPÀ:

28.03.2023gÀ £ÀAvÀgÀ ¥ÀwæPÁ C¢ü¸ÀÆZÀ£É ºÉÆgÀr¹gÀÄªÀ ¥ÀæPÀgÀtUÀ¼À®Æè ¸ÀºÀ ¸ÀAzÀ±Àð£À £ÀqÉ¸ÀzÉÃ ¨ÁQ G½¢gÀÄªÀ £ÉÃªÀÄPÁw ¥ÀæQæAiÉÄUÀ¼À£ÀÄß PÀqÁØAiÀÄªÁV wzÀÄÝ¥Àr DzÉÃ±ÀzÀ°è£À ¤zÉÃð±À£ÀzÀAvÉ ¥Á°¹ DAiÉÄÌ ¥ÀæQæAiÉÄUÀ¼À£ÀÄß PÉÊUÉÆ¼ÀîvÀPÀÌzÀÄÝ.

G½zÀAvÉ ¸ÀPÁðgÀzÀ DzÉÃ±À ¸ÀASÉå; Er 160 AiÀÄÄ¦¹ 2022, ¢£ÁAPÀ:28.03.2023 gÀ°è AiÀiÁªÀÅzÉÃ §zÀ¯ÁªÀuÉ EgÀÄªÀÅ¢®è."

13. In the impugned Government Order dated 28.03.2023, at Item No. 3, it is clearly specified that 110 marks have been fixed for conducting the interview. Therefore, the contention of the petitioners that, by the impugned order, the State Government has prescribed a separate table for short-listing 30 candidates for interview is incorrect and unsustainable.

14. With regard to the method and criteria for conducting the interview, the UGC Regulations are silent. Clause 6(I) of the Regulations specifies the method for the overall selection process. The same is extracted below:

"6.0 SELECTION PROCEDURE:

I. The overall selection procedure shall incorporate transparent, objective and credible methodology of analysis of the merits and credentials of the applicants based on the weightage given to the performance of the candidate in different relevant parameters and his/her performance on a grading system proforma, based on Appendix II, Tables 1, 2, 3A, 3B, 4 and 5"

15. From the above, it is clear that the overall selection process shall be conducted in a transparent, objective and credible manner, involving an analysis 31 of the merits and credentials of the applicants based upon the weightage assigned to the performance of the candidates under different relevant parameters and their performance on a grading system proforma, based on Appendix II, Tables 1, 2, 3A, 3B, 4 and 5.

16. On this basis, the Government has issued the impugned Government Orders prescribing certain marks and laying down the criteria for allotment of marks in the interview. The Government has also fixed a ratio of 1:5 for calling candidates for interview. Though, as per the UGC Regulations, the number of candidates to be called for interview is to be decided by the colleges, the institutions in question are aided institutions receiving Government aid. In order to maintain uniformity among all aided colleges in the matter of selection, the Government has issued the impugned orders. Therefore, the impugned orders are in conformity with the UGC Regulations. 32

17. Hence, the contention of the petitioners that the respondent-State Government has tinkered with the UGC Regulations in the matter of selection of Assistant Professors in the respondent-colleges is unsustainable.

18. It is evident from Government Orders at Annexures G and H that they pertain only to the criteria for conducting the interview. Both Government Orders were issued before the colleges conducted the interviews, as is evident from the chart set out above. Therefore, the contention of the petitioners that the Government Orders were issued in the midst of the selection process cannot be accepted.

19. These writ petitions are devoid of merit and are accordingly dismissed.

20. Insofar as petitioner No. 2 in W.P. No. 9698/2023 is concerned, the learned counsel for the 33 petitioners has filed a memo seeking permission to withdraw the writ petition as against the said petitioner. The memo is taken on record. Accordingly, W.P.No.9698/2023, insofar as petitioner No. 2 - Santhosh P., is concerned, is dismissed as withdrawn.

21. The learned counsel for the petitioner in W.P.No.27878/2023 has also filed a memo seeking permission to withdraw the writ petition. The memo is taken on record. Accordingly, W.P. No. 27878/2023 is dismissed as withdrawn.

22. In W.P.No.24872/2025, the petitioners have also sought a writ of mandamus directing regularization of their services. Insofar as the said relief is concerned, liberty is reserved to the petitioners to submit appropriate representations, along with necessary documents, before the competent authority, who shall consider the same in accordance with law.

In view of dismissal of the main matters, all pending applications stand disposed of.

Sd/-

(H. T. NARENDRA PRASAD) JUDGE Cm/-