Case Note & Summary
The appellant, Dr. Y.S. Sumathy, filed a writ petition before the High Court of Karnataka seeking directions to respondent Nos.1 to 3 to approve a merit-cum-eligible list dated 11.05.2022, in which her name appeared as an Associate Professor in the Department of Instrumentation Technology at Dr. Ambedkar Institute of Technology (respondent No.4). She also sought an order to disregard a letter dated 20.06.2024 issued by respondent No.3 (Director of Technical Education). The learned Single Judge dismissed the writ petition on 04.03.2025. Aggrieved, the appellant filed the present writ appeal under Section 4 of the Karnataka High Court Act. The Division Bench, comprising the Chief Justice and Justice C M Joshi, heard the appeal and reserved judgment. Upon consideration, the court found no merit in the appeal and dismissed it, upholding the Single Judge's order. The court noted that the appellant had not established any legal right to compel the respondents to approve the list without considering the impugned letter, and the Single Judge's discretion did not warrant interference.
Headnote
A) Service Law - Appointment - Approval of Competent Authority - The appellant sought a writ of mandamus to direct respondents to approve a merit-cum-eligible list for the post of Associate Professor. The Single Judge dismissed the petition. The Division Bench held that no interference was warranted with the discretionary order of the Single Judge, as the appellant had not demonstrated any legal right to compel approval without considering the impugned letter. (Paras 1-3)
Issue of Consideration
Whether the Single Judge erred in dismissing the writ petition seeking a direction to approve the merit-cum-eligible list dated 11.05.2022 and to disregard the letter dated 20.06.2024.
Final Decision
The writ appeal is dismissed. The order of the Single Judge dated 04.03.2025 in W.P.No.23131/2024 is upheld.
Law Points
- Service Law
- Appointment
- Approval of Competent Authority
- Writ of Mandamus
- Discretion of Single Judge
Case Details
2025 LawText (KAR) (10) 8
WA No. 508 of 2025 (S-RES)
Vibhu Bakhru, Chief Justice, C M Joshi, J.
Sri Swamy N.B.N. (for appellant), Sri Naveen Chandrashekar, AGA (for respondents 1-3)
State of Karnataka, The Commissioner, Department of Collegiate and Technical Education, The Director of Technical Education, The Principal, Dr. Ambedkar Institute of Technology
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Nature of Litigation
Writ appeal against dismissal of writ petition seeking direction to approve merit-cum-eligible list for appointment as Associate Professor.
Remedy Sought
Appellant sought to set aside the Single Judge's order and direct respondents to approve the merit-cum-eligible list dated 11.05.2022 without reference to the letter dated 20.06.2024.
Filing Reason
Appellant's name was in the merit-cum-eligible list for Associate Professor, but respondents failed to approve it and issued a letter directing reconsideration.
Previous Decisions
Single Judge dismissed W.P.No.23131/2024 on 04.03.2025.
Issues
Whether the Single Judge erred in dismissing the writ petition seeking approval of the merit-cum-eligible list.
Whether the appellant had a legal right to compel approval without considering the impugned letter.
Submissions/Arguments
Appellant argued that the merit-cum-eligible list should be approved and the letter dated 20.06.2024 should be disregarded.
Respondents opposed the petition, contending that the approval process required consideration of the impugned letter.
Ratio Decidendi
The appellant failed to demonstrate any legal right to compel approval of the merit list without considering the impugned letter; the Single Judge's discretionary order did not warrant interference.
Judgment Excerpts
The appellant has filed the present appeal impugning an order dated 04.03.2025 [impugned order] passed by the learned Single Judge in W.P.No.23131/2024 (S-RES) captioned 'Dr. Y.S. Sumathy vs. State of Karnataka & Others'.
The appellant [Dr. Y.S. Sumathy] had filed the said writ petition, inter alia, praying that directions be issued to respondent Nos.1 to 3 to approve the merit-cum-eligible list dated 11.05.2022.
Procedural History
The appellant filed W.P.No.23131/2024 before the Single Judge, which was dismissed on 04.03.2025. The appellant then filed the present writ appeal under Section 4 of the Karnataka High Court Act, which was heard and reserved for judgment, and pronounced on 15.10.2025.
Acts & Sections
- Karnataka High Court Act: Section 4
