- 1 - NC: 2025:KHC:17478 WP No. 11057 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 11057 OF 2024 (S-RES) BETWEEN: 1. H.N. KRISHNA SHETTY S/O NEELA SHETTY, AGED ABOUT 58 YEARS, WORKING AS GARDENER 2. SMT. KAVYASHRI H N W/O B.R. PRASHANTH, AGED ABOUT 35 YEARS, WORKING AS DATA ENTRY ASSISTANT 3. MANJUNATH R.E. S/O R. EREGOWDA, AGED ABOUT 48 YEARS, WORKING AS LIBRARY ASSISTANT 4. MAHESHGOWDA M.C. S/O CHIKKAMARIGOWDA, AGED ABOUT 45 YEARS, WORKING AS LIBRARY ASSISTANT 5. SMT. PRAPULLA M.S. W/O SOMU B.S. AGED ABOUT 37 YEARS, WORKING AS LIBRARY ASSISTANT 6. SMT. PRACHALITHA M K W/O M. RAVIKUMAR, AGED ABOUT 32 YEARS, WORKING AS COMPUTER LAB ASSISTANT 7. BASAVARAJU Y.B. S/O BASAVEGOWDA Y C AGED ABOUT 46 YEARS, WORKING AS ATTENDER Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17478 WP No. 11057 of 2024 8. MAHESH M.R. S/O M.K. RAMEGOWDA @ RAMAIAH, AGED ABOUT 42 YEARS, WORKING AS DATA ENTRY ASSISTANT 9. SMT. ROOA M P W/O JAGADISHA, AGED ABOUT 37 YEARS, WORKING AS DATA ENTRY ASSISTANT 10. MANCHIGOWDA S/O LATE SHANKAREGOWDA, AGED ABOUT 44 YEARS, WORKING AS LAB ASSISTANT, 11. SHASHIDHARA Y.M. S/O MANVHIGOWDA Y.K. AGED ABOUT 34 YEARS, WORKING AS COMPUTER LAB ASSISTANT 12. SMT. SUPRIYA H.J. W/O NAVEEN KUMAR C R AGED ABOUT 31 YEARS, WORKING AS SECOND DIVISION ASSISTANT, 13. MADU T.M. S/O MAHADEVU, AGED ABOUT 38 YEARS, WORKING AS PEON 14. SMT. SHANTHA K.J. W/O RAJU AGED ABOUT 33 YEARS, WORKING AS PEON 15. NAVEENA P., S/O PRAKASH, AGED ABOUT 34 YEARS, WORKING AS LAB ASSISTANT 16. SMT. PAVITHRA S W/O PUNEETHA KUMAR S AGED ABOUT 30 YEARS, - 3 - NC: 2025:KHC:17478 WP No. 11057 of 2024 17. CHIDANANDA S/O CHANNEGOWDA AGED ABOUT 23 YEARS, WORKING AS ATTENDER 18. SANTHOSH GOWDA K.C. AGED ABOUT 33 YEARS, S/O B. CHIDANANDA WORKING AS SECOND DIVISION ASSISTANT 19. SHANKAREGOWDA E.S. S/O SIDDEGOWDA AGED ABOUT 36 YEARS, WORKING AS SECOND DIVISION ASSISTANT. 20. SMT. VINODHASHREE D/O CHANNEGOWDA, AGED ABOUT 37 YEARS, WORKING AS SECOND DIVISION ASSISTANT 21. SMT. KOUSALYA C.S. W/O MANCHIGOWDA AGED ABOUT 33 YEARS, WORKING AS SECOND DIVISION ASSISTANT 22. SMT. SPANDANA E.R. D/O RAMAKRISHNEGOWDA AGED ABOUT 26 YEARS, WORKING AS SECOND DIVISION ASSISTANT 23. MANU M.N. S/O LATE NINGAMMA AGED ABOUT 32 YEARS, WORKING AS SECOND DIVISION ASSISTANT 24. PRAMOD Y.U. S/O UMESH AGED ABOUT 22 YEARS, WORKING AS ATTENDER 25. CHANDAN S/O ASHWATH, AGED ABOUT 32 YEARS, WORKING AS ATTENDER - 4 - NC: 2025:KHC:17478 WP No. 11057 of 2024 26. SUNIL KUMAR S S/O S.M. SHANKAR, AGED ABOUT 30 YEARS, WORKING AS SECOND DIVISION ASSISTANT 27. DARSHAN N.M. S/O MADEVA, AGED ABOUT 23 YEARS, WORKING AS HOSTEL ASSISTANT, ALL ARE WORKING AT SIR M. VISVESHVARAIAH P.G. CENTRE, MANDYA UNIVERSITY, TUBINAKERE INDUSTRIAL AREA, MANDYA-571402. …PETITIONERS (BY SRI. VEERESH MAHESH UPPIN, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEKDAR VEEDI BANGALORE-560001 2. UNIVERSITY OF MYSORE CRAWFORD HALL, MYSORE-56 BY ITS REGISTRAR. 3. MANDYA UNIVERSITY MANDYA-571401, BY ITS REGISTRAR. …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. ABHISHEK K., ADVOCATE FOR RESPONDENT NO.2; SRI. H.C.SHIVARAMU, ADVOCATE FOR RESPONDENT NO.3) - 5 - NC: 2025:KHC:17478 WP No. 11057 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 29.02.2024 BEARING NO.ªÀÄ«ªÀÄ/¹§âA¢/572/2023-24 ISSUED BY MANDYA UNIVERSITY, MANDYA - RESPONDENT NO.3 MARKED AS ANNEXURE-J IN SO FOR AS IT RELATES TO THE DECISION TAKEN TO REPLACE THE PETITIONERS BY OUTSOURCED EMPLOYEES AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged an order bearing No. ªÀÄ«ªÀÄ/¹§âA¢/572/2023-24, dated 29.02.2024, issued by the respondent No.3 in so far as it relates to replacing them by outsourced employees. They have also sought for a writ in the nature of mandamus to direct the respondent No.3 to continue their services at Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya. 2. (i) The petitioners contend that the respondent No.2 who was running a Post Graduation Center called Sir.M.Vishweshwarayya Post Graduate Center at Thubinakere, Mandya, appointed the petitioners to various posts on contractual basis and some of them were appointed in the year - 6 - NC: 2025:KHC:17478 WP No. 11057 of 2024 2007 and many of them later. The respondent No.2 allegedly issued appointment orders every year with an artificial break. The respondent No.2 purportedly paid consolidated salary, which was meager. The petitioners contend that their appointments were against clear vacant sanctioned posts and that they had put in more than 08 to 18 years of service continuously. They claimed that they were all assured that their services would be regularized in due course and based on such assurance, they continued to work in the respondent No.2. (ii) They contend that the Karnataka State Universities Act, 2000 (henceforth referred to as ‘the Act, 2000’ for short), was amended by the Karnataka State Universities (Amendment) Act, 2019, in terms of which, Mandya University, which was until then unitary in nature with its headquarters at Mandya and territorial jurisdiction over the Government College (Autonomous), Mandya, was separated vide government order dated 05.11.2022. (iii) By notification dated 10.10.2022, the Act, 2000 was further amended by the Amendment Act, 2022, in terms of - 7 - NC: 2025:KHC:17478 WP No. 11057 of 2024 which Mandya University was converted to a Cluster University. By a government order dated 05.11.2022, Sir.M.Vishwesharayya P.G.Center, which was under the jurisdiction of Mysore University, was brought within the jurisdiction of Mandya University. As per the said government order, the teaching and non-teaching staff working at the P.G.Center were continued in their respective posts at the P.G.Center. The petitioners contend that by virtue of Section 83 of the Act, 2000 all men and material of P.G.Center were transferred to Mandya University. The Mysore University thereafter issued a notification dated 09.11.2022 declaring that the teaching and non-teaching staff working at P.G.Center, Tubinakere, Mandya, were transferred to Mandya University. The petitioners contend that they were not heard before the said order was passed. They contend that by the time the order dated 09.11.2022 was passed, the academic year 2022-2023 was about to be over. The Mysore University which was required to issue a fresh order continuing the services of the petitioners for the academic year 2023-2024, failed to do so despite the petitioners' representations dated 21.09.2023. Even before the completion of the academic year 2022-2023, - 8 - NC: 2025:KHC:17478 WP No. 11057 of 2024 Mysore University failed to pay the salary of the petitioners from September 2023, on the ground that their services were already transferred to Mandya University. The petitioners were therefore forced to file representations dated 03.10.2023 and 06.11.2023 to the State Government and to the Director of the P.G.Center respectively, requesting them to continue their services at Mysore University and pay their salary. The Director of the P.G.Center communicated to Mysore University, requesting it to release the salary of the petitioners for the months of September and October 2023 on the ground that the petitioners were working in the center and their services need to be continued for the academic year 2023-2024 also. (iv) The Mysore University, in turn addressed a communication dated 02.02.2024 to Mandya University stating that due to exigencies of work, the petitioners were continued in service for several years and since they were transferred to Mandya University, it was for the Mandya University to take a decision regarding their continuation and to pay the salary. In response, Mandya University addressed a letter dated 05.02.2024 seeking necessary direction in the matter from the State Government. It is contended that Mysore University - 9 - NC: 2025:KHC:17478 WP No. 11057 of 2024 refused to issue orders continuing the services of the petitioners by misconstruing an interim order passed by this Court in WP.No.27276/2023 and requested Mandya University to continue the services of the petitioners in Mandya University itself and further directed to fill up the posts in question through outsourcing. The petitioners contend that they were working at P.G.Center Mandya, which was within the administrative control of Mysore University and after formation of Cluster University, they were transferred to Mandya University. They all contend that the respondent No.3 is now proposing to replace their services by outsourced employees and therefore, they are before this Court to quash the order dated 29.02.2024 by which, Mandya University has undertaken to recruit non-teaching staff through outsourced agencies. They also sought for a direction to Mandya University to continue their services by regularizing their service. 3. The learned counsel for the petitioners reiterated the above contentions and contends that when the services of the petitioners were transferred to Mandya University, they were entitled to be continued at Mandya University and it was for Mandya University to decide to renew the yearly contract - 10 - NC: 2025:KHC:17478 WP No. 11057 of 2024 and also to pay the salary from time to time. He contends that the petitioners last worked at Mandya University in January, 2024 and they were not permitted to work, since the yearly contract entered into by them with Mysore University had come to an end. He therefore prays that the services of the petitioners be continued. 4. The petition is opposed by the respondent No.3, contending inter alia that institutions established in Mandya, Hassan and Chamarajanagara District, were all part of Mysore University. It is contended that by virtue of an order dated 05.11.2022 passed by the State Government transferring certain institutions from one University to other, Clause 5 therein stipulated that the persons who were working in P.G.Center in the newly established universities, both teaching and non-teaching staff should continue to work in the said P.G. Centers. It is contended that the said arrangement is only for the academic year 2022-2023. It is contended that the movable and immovable properties of P.G. Centers were taken over by the Mandya University from the University of Mysore as per the order dated 18.08.2023 and teaching, non-teaching staff and Group-D employees who were working in the - 11 - NC: 2025:KHC:17478 WP No. 11057 of 2024 P.G.Center, Thubinakere, were supposed to continue their services in the P.G.Center and that even till date for all the employees, the salaries were paid by the University of Mysore only. It is contended that in the order dated 18.08.2023, while handing over the movable and immovable properties and also the staff, none of the temporary non-teaching staffs, like the petitioners were listed. Therefore, it is contended that they were not the employees of the P.G.Center during the academic year 2023-2024 and that there is no question of the respondent No.3 continuing the services of the petitioners or to pay salary to them. 5. It is further contended that as regards recruiting non-teaching staff, a writ petition is pending before this Court and that there is an interim order not to recruit any non- teaching staff members until the case is resolved. In that back drop, it is claimed that there is no possibility of recruiting non- teaching members by the respondent No.3 to work in Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya Centre or to continue their services. It is claimed that the respondent No.3 does not require the services of any of the petitioners, as their term has come to an end by 09.08.2023 - 12 - NC: 2025:KHC:17478 WP No. 11057 of 2024 itself. It is claimed that the petitioners have addressed a communication to the respondent No.1 dated 05.02.2024 that there are about 35 non-teaching staff working in the respondent No.3 on outsourced basis and sought for clarification about those appointments. The respondent No.3 furnished information that the non-teaching staff who were appointed on temporary basis, can be terminated at any point without notice. Therefore, it is claimed that none of the petitioners are entitled for the reliefs sought by them. 6. A rejoinder is filed to the statement of objections inter alia contending that before the transfer of the petitioners from Mysore University to Mandya University, there were 12 PG Courses running in the centre. After their transfer, the Mysore university by a notification dated 09.11.2022 transferred all the teaching and non-teaching staff including the petitioners to the Mandya university. They claimed that as per the Government order dated 05.11.2022 the head quarters of Mandya university shall be Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya. It is claimed that the State Government by an order dated 18.08.2023 sanctioned 219 non-teaching staff to Sir.M.Visveshwarayya Post Graduate Center, - 13 - NC: 2025:KHC:17478 WP No. 11057 of 2024 Thubinakere, Mandya and from a perusal of the said order, it is evident that all 12 PG courses must be conducted at the PG Centre only. They claimed that Mandya University is conducting 07 PG courses at Mandya town and remaining 05 PG courses at Thubinakere. They claimed that though there are 219 non- teaching posts which were duly sanctioned, there are only three persons at Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya who were working on regular basis and that there are no other permanent non-teaching staff in the centre. He also contends that none of them are paid wages from September, 2023. Therefore, they contend that the claim of respondent No.3 that the petitioners are not entitled to continue their services at Mandya University is in correct. 7. The learned counsel for the respondent No.3 reiterated the above contentions and contends that the services of the petitioners were continued by Mysore University, hence, there is no question of respondent No.3 continuing the services of the petitioners. 8. During the pendency of this writ petition, this Court passed an order dated 26.03.2025 directing the respondent - 14 - NC: 2025:KHC:17478 WP No. 11057 of 2024 No.2 to pay salary to the petitioners for the months of September, 2023 to 08.12.2023. Accordingly, the learned counsel for the respondent No.2 has placed on record a memo of compliance and has stated therein that the petitioners are paid salary from September, 2023 to 08.12.2023 and that is not disputed by the learned counsel for the petitioners. 9. The learned counsel for the respondent No.2 has filed a memo along with several documents indicating therein that services of the petitioners were transferred to the respondent No.3 and therefore, it is the respondent No.3 who has to make appropriate arrangements for continuation or otherwise of the services of the petitioner. 10. The learned Additional Government Advocate submitted that this dispute has to be resolved between respondent No.2 and respondent No.3 and the State Government has no say in the matter. 11. I have considered the submissions of the learned counsel for the petitioner as well as the learned Additional Government Advocate for respondent No.1, learned counsel for the respondent No.2 and learned counsel for respondent No.3. - 15 - NC: 2025:KHC:17478 WP No. 11057 of 2024 12. The fact that the petitioners were employed at Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya, which lay within the administrative control of Mysore university is not in dispute. The State Government by virtue of an order dated 05.11.2022 bifurcated Mysore and other universities and assigned Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya to Mandya University. The notification dated 09.11.2022 of the respondent No.2 establishes beyond doubt that the services of the petitioners were also transferred to the respondent No.3. No doubt, the respondent No.2 in terms of the Government order dated 18.08.2023 had handed over 26 teaching staff and 219 non- teaching staff along with movables and immovables of Sir.M.Visveshwarayya Post Graduate Center, Thubinakere, Mandya to Mandya university and therefore, it was the responsibility of the respondent No.2 to ensure payment of salary to all the non-teaching staff including the petitioners, till they were brought on muster by respondent No.3. Since it is now stated that the respondent No.2 has paid the salary from September, 2023 till 08.12.2023, the responsibility of the respondent No.2 has come to an end. However, in so far as - 16 - NC: 2025:KHC:17478 WP No. 11057 of 2024 the continuation of the petitioners in the respondent No.3 is concerned, there is no doubt in the mind of the Court that the services of the petitioners was also transferred to the respondent No.3 and it was for the respondent No.3 to consider whether the services of the petitioners are needed and if yes, whether the contract with them for continuation of the services has to be continued. The respondent No.3 cannot dispense the services of the petitioners and engage any other person on contract basis. Since it is now stated by the petitioners that they were not permitted to work in the respondent No.3 from January, 2024 and that the respondent No.3 proposed to avail the services through outsourced agency, it is only appropriate to direct the respondent No.3 to continue the services of the petitioners until a regular recruitment is undertaken to fill up the posts. 13. In view of the aforesaid, this writ petition is disposed off on the following terms: a. The writ petition is allowed-in-part. b. The respondent No.3 is directed to continue the services of the petitioners instead of replacing them - 17 - NC: 2025:KHC:17478 WP No. 11057 of 2024 by outsourced employees and also continue to pay salary to them from the date of their continuation. c. This arrangement shall continue till such time, the respondent No.3 takes steps for a regular recruitment, in which event, the petitioners shall be given benefit for their past service only in so far as it relates to relaxation of age is concerned. d. The continuation of the petitioners in the respondent No.3 shall be given effect to within a period of one month from the date of receipt of a certified copy of this order. Sd/- (R. NATARAJ) JUDGE BKN, HJ List No.: 1 Sl No.: 10