Karnataka High Court
Dr. Nanjundaiah vs The State Of Karnataka on 2 September, 2024
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NC: 2024:KHC:35556-DB
WA No. 1014 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 1014 OF 2023 (S-RES)
BETWEEN:
DR. NANJUNDAIAH
S/O LATE NINGAPPA,
AGED ABOUT 60 YEARS,
R/AT NO.508, 'ANUGRAHA',
JAYAPURA HOBLI,
JUDICIAL LAYOUT,
BOGADI 2ND STAGE,
MYSURU-570 026.
...APPELLANT
(BY SRI. NAGARAJAPPA.A, ADVOCATE)
Digitally signed by AND:
HARIKRISHNA V
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA REP BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REP BY ITS
ADDITIONAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
(TECHNICAL EDUCATION)
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WA No. 1014 of 2023
M.S.BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. THE DIRECTOR OF
TECHNICAL EDUCATION
THANTHRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BENGALURU-560 001.
4. THE SECRETARY
GOVERNMENT OF KARNATAKA,
FINANCE DEPARTMENT (SERVICE-1)
BENGALURU-560 001.
5. THE NATIONAL INSTITUTE OF ENGINEERING
(AFFILIATED TO VISVESVARAYA TECHNOLOGY
UNIVERSITY AND GOVERNMENT GRANT IN AID)
MANANDAVADI ROAD, MYSURU-570 008
REP BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI. B. RAVINDRANATH, AGA FOR R1, R2 &R4;
SRI. MAHESH.B, ADVOCATE FOR R5;
R3 - SERVED & UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
24.07.2023 OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT IN WP No.7475/2020 AND ALLOW THE WRIT PETITION
ACCORDINGLY IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
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WA No. 1014 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
1. The challenge in this appeal is to an order dated
24.07.2023 passed by the learned Single Judge in
W.P.No.7475/2020, whereby the learned Single Judge has
dismissed the petition filed by the petitioner.
2. The writ petition was filed by the appellant
challenging the endorsement dated 21.07.2018 issued by
respondent No.3 i.e., the Director of Technical Education,
Bengaluru.
3. The appellant was appointed as an Assistant
Professor in the Department of Mechanical Engineering under
backlog recruitment as per appointment order dated
20.11.2024. It is conceded case of the appellant that the terms
of appointment also stipulated that the petitioner is required to
complete Ph.D degree within seven years from the date of
joining, failing which, increment shall be stopped until Ph.D is
earned. The petitioner completed his Ph.D degree in the year
2017. The appellant superannuated on 31.05.2019.
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4. The grievance of the appellant before the learned
Single Judge was that he has been denied the benefit of the
increment only on the ground that he did not complete the
Ph.D degree within seven years of joining.
5. The learned Single Judge has dismissed the petition
by stating in paragraphs 8 and 9 of the impugned order as
under:
"8. Perusal of the aforementioned condition
reflects that, the petitioner ought to have completed
Ph.D degree within seven years on his report as
Assistant Professor in the 5th respondent-College.
Notification dated 04.01.2016 (Annexure-R7) issued
by the All India Council for Technical Education,
whereby, the Item No. 53, reads as under:
Whether, Asst. Such candidates will
Professor (Redesignated be required to
as Associate Professor complete Ph.D within
w.e.f 01.01.2006), who 7 years from the date
are not able to complete of joining, failing
the Ph.D in seven years which increments
from the date of Joining shall be stopped until
(Direct /CAS) will be Ph.D earned
revered back
9. Having taken note of the aforementioned
aspects, though the learned counsel appearing for
the petitioner has submitted that, such relaxation
has been provided to some of the employees,
however, such illegality cannot be perpetuated in
derogance of the Rule provided in the Notification
dated 04.01.2016. It is also not in dispute that, the
petitioner was well aware about the said aspect as on
the date of reporting to the duty pursuant to the
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appointment of order dated 20.11.2004 and in that
view of the matter, I do not find any perversity or
illegality in the impugned Endorsement issued by the
respondent No.1. Accordingly, the writ petition is
dismissed. However, it is open for the petitioner to
approach the competent authority, if so advised."
6. Mr. Nagarajappa.A., learned counsel appearing for
the appellant would make twofold submissions; (1) the vacancy
against which the petitioner was appointed as an Assistant
Professor in the Department of Mechanical Engineering was a
backlog vacancy of the year 2001 and in that sense, the said
stipulation of seven years for completing Ph.D would not be
applicable and (2) no such stipulation was put to the
appointments made before the year 2004.
7. We are unable to agree on both submissions made
by Mr. Nagarajappa.A for the simple reason that the terms of
appointment issued to the petitioner clearly stipulates, he is
required to complete Ph.D degree within seven years from the
date of joining. Concedingly, the petitioner could able to
complete Ph.D after 11 years of joining i.e., beyond the period
of seven years so stipulated. Even if there was no stipulation
for the appointments made before 2004, when there is a
stipulation in the appointment letter issued to the appellant, the
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appellant cannot disown the same. Moreover, till the filing of
the petition before the learned Single Judge, the appellant did
not challenge such stipulation in the appointment letter. The
only submission of the learned counsel for the petitioner is that
the petitioner has been making representations in that regard.
We are afraid making representations and not approaching the
Court would not help the case of the appellant.
8. The appeal being without merit, the same is
dismissed.
In view of dismissal of the appeal, I.A.No.1/2023 shall
also stand disposed of.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
VM
