[Cites 3, Cited by 0]
Karnataka High Court
Smt. Rupa D/O Shivaraj Havargi vs The State Of Karnataka on 31 January, 2026
-1-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 103951 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 102325 OF 2023 (S-PRO)
IN WP NO. 103951 OF 2024:
BETWEEN:
1. SMT. UMA K. KULKARNI,
AGE. 42 YEARS,
OCC. PERSONAL SECRETARY,
DIRECTORATE OF EDUCATION,
UHS, BAGALKOT,
R/O. VEERAPUR R.C.,
BAGALKOT, PIN-587 104.
2. SHRI. SOMAPPA V. KOTUR,
AGE. 52 YEARS,
OCC. PERSONAL SECRETARY,
DIRECTORATE OF RESEARCH,
UHS, BAGALKOT, R/O. VIDYAGIRI,
BAGALKOT, PIN-587 104.
3. SHRI. SHANKRAPPA I. KALADAGI,
MANJANNA
E AGE. 52 YEARS,
OCC. PERSONAL SECRETARY,
Digitally signed by
MANJANNA E ADMINISTRATIVE OFFICE,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH UHS, BAGALKOT,
Date: 2026.02.04 10:27:58
+0530 R/O. POST MUGALOLLI,
BAGALKOT, PIN-587 104.
4. SMT. NIRMALA HONNAMORE,
AGE. 49 YEARS,
OCC. PERSONAL SECRETARY,
DIRECTORATE OF EXTENSION,
UHS, BAGALKOT,
R/O. VEERAPUR R.C.,
BAGALKOT, PIN-587 104.
5. SHRI. MUDHUSUDHAN G.,
AGE. 41 YEARS,
-2-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
OCC. PERSONAL SECRETARY,
VICE CHANCELLOR'S OFFICE,
UHS, BAGALKOT,
R/O. VEERAPUR R.C.,
BAGALKOT, PIN-587 104.
6. SHRI. ALLAPEER A. SARWAD,
AGE. 38 YEARS,
OCC. PERSONAL SECRETARY,
OFFICE OF THE REGISTRAR,
UHS, BAGALKOT, R/O. NAVANAGAR,
BAGALKOT, PIN-587 104.
... PETITIONERS
(BY SRI. JAGDISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT.
DEPARTMENT OF HORTICULTURE,
M.S. BUILDING, BENGALURU-560 001.
2. THE REGISTRAR,
UNIVERSITY OF HORTICULTURE SCIENCES,
NAVANAGAR, BAGALKOT-587 104.
3. THE SPECIAL OFFICER,
UNIVERSITY OF HORTICULTURAL SCIENCES,
NAVANAGAR, BAGALKOT-587 104.
... RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, ADVOCATE FOR R1;
SRI. RAVI S. BALIKAI, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF
'CERTIORARI' QUASHING THE IMPUGNED ENDORSEMENT BEARING
NO. SANKHYA:KUSA.NEV/TOVVBA/ 1797/2023-24 DATED
28/03/2024 ISSUED BY THE RESPONDENT NO.2-UNIVERSITY TO THE
PETITIONERS VIDE ANNEXURE-W IN THE INTEREST OF JUSTICE AND
EQUITY; ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.2-UNIVERSITY TO ACCORD PROMOTIONS TO THE
PETITIONERS AS PER THE EXISTING C AND R RULES VIDE
NOTIFICATION DATED 01/04/2009, IN THE INTEREST OF JUSTICE
AND EQUITY, AND ALSO TO PROVIDE SOCIAL JUSTICE TO THE
PETITIONERS AND ETC.
-3-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
IN WP NO. 102325 OF 2023:
BETWEEN:
1. SMT. RUPA D/O. SHIVARAJ HAVARGI,
AGE. 40 YEARS, OCC. SUPERINTENDENT (GENERAL),
OFFICE OF THE DIRECTORATE OF RESEARCH,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR,
BAGALKOT-587 104.
2. SMT. RAJESHWARI D/O. GANGADHAR HALLUR,
AGE: 39 YEARS, OCC: SUPERINTENDENT (GENERAL),
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR,
BAGALKOT-587 104.
3. SMT. KAVERI D/O. VEERANNA AVASANGARAD,
AGE: 42 YEARS, OCC: SUPERINTENDENT (GENERAL),
OFFICE OF THE COMPTROLLER,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR,
BAGALKOT-587 104.
4. SRI GANGAPPA S/O. SHANKRAPPA BALLODI,
AGE: 39 YEARS, OCC.: SUPERINTENDENT (GENERAL),
ADMINISTRATIVE OFFICE,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR,
BAGALKOT-587 104.
5. SMT. PURNIMA
D/O. SHANKRAYYA KARAVEERAMATH,
AGE: 40 YEARS, OCC: SUPERINTENDENT (GENERAL),
MHREC OFFICE, UNIVERSITY OF
HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR,
BAGALKOT-587 104.
6. SRI. SALEEMAHMED S/O. MALIKSAB CHAPARABAND,
AGE: 34 YEARS, OCC: SUPERINTENDENT (GENERAL),
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
-4-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
7. SRI. KOTREPPAGOUDA S/O. NAGANAGOUDA PATIL,
AGE: 50 YEARS, OCC: SUPERINTENDENT (GENERAL),
OFFICE OF DIRECTOR OF EDUCATION,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
8. SRI. SHANKARGOUD S/O. CHIDANANDA BIRADAR,
AGE: 44 YEARS, OCC: SENIOR ASSISTANT,
DEAN PGS OFFICE,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
9. SRI. BASANAGOUDA S/O. SANGANAGOUDA BIRADAR,
AGE: 47 YEARS, OCC: SENIOR ASSISTANT,
COLLEGE OF HORTICULTURE,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
10. KUMARI JYOTI D/O. SOMANNA WADDAR,
AGE: 34 YEARS, OCC: SENIOR ASSISTANT,
DEAN AND PGS OFFICE,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
11. SMT. VEENARANI D/O. VAJRAKANT NARA,
AGE: 46 YEARS,
OCC: ASSISTANT CUM COMPUTER OPERATOR,
CEEC, UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
12. SRI. CHANDRAMOULI S/O. KALLAPPA MALASHETTI,
AGE: 46 YEARS,
OCC: ASSISTANT CUM COMPUTER OPERATOR,
CEEC, UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
13. SRI. RAJENDRA S/O. SADASHIV HOOLIGERI,
AGE: 42 YEARS, OCC: SENIOR ASSISTANT,
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
14. SRI. HUSSAINBASHA S/O. IMAMHUSSAIN KUKANUR,
AGE: 35 YEARS,
OCC: ASSISTANT CUM COMPUTER OPERATOR,
-5-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
15. SMT. ROOPA D/O. SHANMUKHAYYA KUGALI,
AGE: 42 YEARS,
OCC: ASSISTANT CUM COMPUTER OPERATOR,
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
16. SMT. SAVITRI D/O. DUNDAPPA PATIL,
AGE: 29 YEARS,
OCC: ASSISTANT CUM COMPUTER OPERATOR,
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
17. SRI. SHIVARAJ S/O. CHANNAPPA METI,
AGE: 41 YEARS, OCC: SENIOR ASSISTANT,
EDITOR OFFICE, COMMUNICATION CENTRE,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
... PETITIONERS
(BY SRI. SOURABH A. SONDUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF HORTICULTURE,
VIKASA SOUDHA, BENGALURU-560 001.
2. THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
NAVANAGAR, BAGALKOT-587 104.
3. SRI. PARAPPA B. HALEMANI,
AGE: MAJOR,
OCC.: ADMINISTRATIVE DEPUTY OFFICER,
OFFICE OF THE ADMINISTRATION, UDYANAGIRI,
UNIVERSITY OF HORTICULTURAL SCIENCES,
NAVANAGAR, BAGALKOT-587 104.
4. SRI. RAVINDRA Y. KAMBLE,
AGE: MAJOR, OCC: DEPUTY REGISTRAR,
OFFICE OF THE REGISTRAR,
-6-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR, BAGALKOT-587 104.
5. SRI. ADINARAYAN PANDURANG BHINGE,
AGE: MAJOR, OCC: DEPUTY REGISTRAR,
OFFICE OF THE REGISTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANAGIRI, NAVANAGAR,
BAGALKOT-587 104.
6. SRI. ARJUN B. BHANDARE,
AGE: MAJOR, OCC: ASSISTANT REGISTRAR,
OFFICE OF THE DEAN,
COLLEGE OF HORTICULTURE, BIDAR,
HYDERABAD ROAD, NEAR HANUMAN TEMPLE,
HALADKERI, TQ. AND DIST. BIDAR-585 401.
7. SRI. PRABHUDEV JALI,
AGE: MAJOR, OCC: ASSISTANT REGISTRAR,
OFFICE OF THE DEAN, COLLEGE OF
HORTICULTURE, MUNIRABAD,
TQ. MUNIRABAD, DIST. KOPPAL-583 233.
8. SRI. BASAVARAJ S. AURANGABAD,
AGE: MAJOR, OCC: ASSISTANT REGISTRAR,
OFFICE OF THE DEAN, COLLEGE OF HORTICULTURE,
MYSURU-571 130.
9. THE SPECIAL OFFICER,
UNIVERSITY OF HORTICULTURAL SCIENCES,
NAVANAGAR, BAGALKOT-587 104.
... RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, ADVOCATE FOR R1;
SRI. RAVI S. BALIKAI, ADVOCATE FOR R2 AND R9;
NOTICE TO R5 IS SERVED;
SRI. KUSHAL N. KAMBLE,
ADVOCATE FOR R3, R4, R6, R7 AND R8)
THIS WRIT PETITION IS FILED UNDER 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION
BEARING NO. SO/EST/1/2009 DATED 01.04.2009 ISSUED BY
RESPONDENT NO. 9, VIDE ANNEXURE-B IN SO FAR AS AMENDING
THE CADRE AND RECRUITMENT RULES FOR INCLUSION OF
PERSONAL SECRETARY AS FEEDER CADRE FOR THE POST OF
ASSISTANT ADMINISTRATIVE OFFICER/ASSISTANT REGISTRAR IS
CONCERNED AND ETC.
-7-
NC: 2026:KHC-D:1330
WP No. 103951 of 2024
C/W WP No. 102325 of 2023
HC-KAR
THESE PETITIONS COMING ON FOR ORDER, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
These two writ petitions arise out of the same cadre
and recruitment framework governing non-teaching staff
of the University of Horticulture Sciences, Bagalakote
("UHS") and therefore they have been heard together and
are disposed of by this common order.
2. W.P.No.102325/2023 is filed by employees
belonging to the administrative cadre, calling in question
the validity of Cadre and Recruitment Rules applied from
the year 2009, insofar as they enabled promotion of
personal secretaries to the post of Assistant
Registrar/Assistant Administrative Officer, and seeking to
unsettle promotions and seniority that have followed
therefrom.
3. W.P.No.103951/2024, on the other hand is filed
by personal secretaries working in UHS, Bagalakote
NC: 2026:KHC-D:1330
HC-KAR
complaining that despite the continued enforcement of the
very same Cadre and Recruitment Rules of 2009 ('Rules,
2009' for short), they have been denied consideration for
promotion by endorsement dated 28.03.2024, stating that
personal secretary is not a feeder cadre.
4. Thus, while petitioners in W.P.No.102325/2023
seek to invalidate and undo the cadre framework, which
has been operation for over a decade, the petitioners in
W.P.No.103951/2024 seek consistent and
nondiscriminatory application of existing rules, rendering
the two writ petitions interconnected and interdependent.
Brief facts:
5. UHS, Bagalakote is a newly established
University constituted under the University of Horticulture
Sciences Act, 2009. At its inception, it did not have
independent Cadre and Recruitment Rules of its own. In
order to regulate service conditions, UHS, Bagalkot
adopted the Cadre and Recruitment Rules of the University
NC: 2026:KHC-D:1330
HC-KAR
of Agriculture Sciences, Dharwad ('UAS' for short), which
were already approved and enforced. These adopted Rules
came to be applied from the year 2009. Pursuant to such
adoption, promotions were granted under orders dated
01.10.2009 and 4/5.12.2011, wherein employees holding
the post of superintendent (General/Personal Secretary)
were promoted a post of Assistant Registrar/Assistant
Administrative Officer. Seniority lists were thereafter
drawn and acted upon.
6. In W.P.No.102325/2023, the petitioners, who
belonged to the administrative cadre challenged the said
promotional channel and consequential promotion
contending that inclusion of personal secretary as a feeder
cadre was illegal and without statutory approval.
7. In W.P.No.103951/2024, the petitioners, who
are personal secretaries, assert that though Rules, 2009
continue to be enforced and have been acted upon for
years, their candidature for promotion has been rejected
- 10 -
NC: 2026:KHC-D:1330
HC-KAR
by the University by an endorsement dated 28.03.2024,
contrary to past practice and seniority records.
8. In W.P.No.102325/2023, learned counsel for
the petitioners contends that, Cadre and Recruitment
Rules relied upon by the Universities were never validly
approved or gazetted and therefore could not have been
enforced. It is contended that the administrative and
secretarial cadres are distinct and that promotion from
Personal Secretary to Assistant Registrar amounts to
impermissible lateral entry. Reliance is placed on the
judgment of the Apex Court in Rajendra Agricultural
University Vs. Ashok Kumar Prasad and Others1
(Rajendra) to contend that gazette publication is
mandatory, and in its absence the rules are unenforceable.
9. In W.P.No.102325/2023, learned counsel for
the University contends that UHS, Bagalakote merely
adopted the Cadre and Recruitment Rules of UAS,
Dharwad, which were already approved, whose variability
C.A.No.6937/2004 D.D 30.11.2009
- 11 -
NC: 2026:KHC-D:1330
HC-KAR
is not in dispute. It is contended that promotions were
granted as early as 2009 and 2011 and that the
petitioners were fully aware of the same and that at least
one promotion in 2014 was also within their knowledge. It
is contended that the writ petition filed in 2023 after more
than a decade of implementation, is barred by delay and
laches acquiescence, and estoppel and the settled
proposition of promotions and seniority cannot be
reopened.
10. In W.P.No.102325/2023, learned counsel for
the private respondents, who are arrayed as respondent
Nos.3 to 8, contend that the writ petition is not
maintainable either in law or in facts and are liable to be
dismissed. It is contended that the Cadre and Recruitment
Rules applied from the year 2009 were validly adopted and
acted upon by the UHS, Bagalakote and that promotions
were granted strictly in accordance with the said Rules. It
is contended that the promotions were effected as early as
2009 and again in 2011 and thereafter seniority were
- 12 -
NC: 2026:KHC-D:1330
HC-KAR
finalized and further promotions were made on that basis.
It is submitted that these promotions have attained finality
and they have remained undisturbed for more than a
decade.
11. Learned counsel further contends that the
petitioners are fully aware about the promotions granted
to the private individuals, including at least one promotion
in the year 2014 and yet choose not to challenge the same
at the relevant point of time. It is contended that the
petitioners themselves have accepted and benefited from
the very same cadre and recruitment framework, having
secured their own appointments and promotions under the
said regime are therefore estopped by conduct from
questioning its validity.
12. It is submitted that the Cadre and Recruitment
Rules of the UAS-Dharwad, which were adopted by UHS,
Bagalakote, were already approved by the competent
authorities and validity of these Rules is not in disputes
- 13 -
NC: 2026:KHC-D:1330
HC-KAR
and once the validly approved rules of existing University
are adopted by newly constituted University, no separate
or fresh approval or gazette publication is required and the
petitioners' contention to the contrary is misconceived.
13. In W.P.No.103951/2024, learned counsel for
the petitioners contends that the Rules, 2009 are still in
force and continue to govern promotions. It is contended
that several promotions were granted earlier by treating
Personal Secretary as a feeder cadre and seniority list
reflect such application. It is submitted that the impugned
endorsement dated 28.03.2024, stating that the personal
secretary is not a feeder cadre, is contended to be
arbitrarily inconsistent and discriminatory and violative of
Article 14 of the Constitution of India.
14. In W.P.No.103951/2024, learned counsel
appearing for the respondent-University seeks to justify
the endorsement by contending that the personal
secretary is not a feeder cadre and that new rules are
under contemplation. However, it is not disputed that no
- 14 -
NC: 2026:KHC-D:1330
HC-KAR
new Cadre and Recruitment Rules have been notified till
date.
15. Having heard the learned counsel on both sides
and perused the material on record, the point that arises
for consideration is:
"Whether the Cadre and Recruitment Rules adopted
and implemented by the University of Horticulture
Sciences, Bagalakote from the year 2009 can be
questioned and unsettled after long acquiescence, and
whether the University is justified in denying consideration
for promotion to the petitioners in W.P.No.103951/2024
under the very same Rules?"
16. The Cadre and Recruitment Rules of UAS,
Dharwad, which were adopted by UHS, Bagalakote were
already approved. The UHS, Bagalakote is a newly
constituted University. In the absence of its own Cadre
and Recruitment Rules at the inception, it adopted the
Cadre and Recruitment Rules of the UAS, Dharwad. The
Cadre and Recruitment Rules of UAS, Dharwad were duly
framed and approved by the competent authorities and
- 15 -
NC: 2026:KHC-D:1330
HC-KAR
validly thereof is not in dispute before this Court. Once
validly approved Rules of an existing University are
adopted by a newly established University, no separate or
fresh approval or gazette publication is required for such
adoption. The adoption only enables application of an
already operative and approved statutory framework. The
contention that the adopted Rules, 2009 are invalid for
want of independent approval or gazette publication is
misconception.
17. The reliance placed on Rajendra's case is
misplaced, as the said decision deals with a case of
framing a new statute without mandatory publication,
whereas the present case concerns adoption and long
standing implementation of already approved Rules. In
any event, the adopted Cadre and Recruitment Rules have
been acted upon continuously since 2009 and have
resulted in settled promotions and seniority, which cannot
be unsettled after long acquiescence.
- 16 -
NC: 2026:KHC-D:1330
HC-KAR
18. The petitioners in W.P.No.102325/2023
admittedly had knowledge of the promotions affected not
only in 2009 and 2011 but also in 2014 yet choose to
approach this Court only 2023. Service jurisprudence
mandates that settled promotions and seniority cannot be
unsettled after long acquiescence, particularly at the
instance of persons who have themselves benefited under
the same regime. Entertaining the challenge at this stage,
would lead to administrative chaos and unsettled
crystallized services rights, which is impermissible.
19. It is also not in dispute that the Rules, 2009
continued to be in force and have not been replaced or
repealed. The University cannot on one hand sustain
promotions granted under the Rules, 2009, and on the
other hand denying consideration to the petitioners under
the very same Rules. The endorsement dated 28.03.2024
runs contrary to the long standing practice, promotion
orders and seniority list maintained by the University.
Such selective application of rules is arbitrary and violative
- 17 -
NC: 2026:KHC-D:1330
HC-KAR
of Article 14 of the Constitution of India. The impugned
endorsement in W.P.No.103951/2024 is unsustainable
warranting interference. Accordingly, the point framed for
consideration is answered.
20. For the foregoing reasons, this Court pass the
following:
ORDER
i. The W.P.No.102325/2023 is dismissed.
ii. W.P.No.103951/2024 is allowed.
iii. The impugned endorsement dated 28.03.2024
issued by respondent No.2-University
(Annexure-W) is hereby quashed.
iv. Mandamus is issued to respondent No.2-
University to accord promotion to the
petitioners as per the existing Cadre and
Recruitment Rules, 2009 vide notification dated
01.04.2009 within four weeks from the receipt
of certified copy of this order.
- 18 -
NC: 2026:KHC-D:1330
HC-KAR
Pending IAs, if any, would not survive for
consideration.
Sd/-
JUSTICE K.S.HEMALEKHA
AT
CT:VH
LIST NO.: 1 SL NO.: 14
