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2025 DAILYLAW 4668 (KAR)

SRI. IMAM ADHAM SHEIKH v. STATE OF KARNATAKA

WP/102738/2024 · 2025-01-20

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:926 WP No. 102738 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102738 OF 2024 (S-REG) BETWEEN: SRI. IMAM ADHAM SHEIKH S/O ADHAM SHEIKH, AGED ABOUT 57 YEARS, OCC. HINDI LECTURER, S.D.M. COLLEGE, HONNAVARA, UTTARA KANNADA DISTRICT- 581334. …PETITIONER (BY SRI. ARUN BHAT AND SRI. NAGARAJ HEGDE, ADVOCATES) AND: 1. STATE OF KARNATAKA DEPT OF EDUCATION (HIGHER EDUCATION) M.S. BUILDING, BENGALURU -560001 REP BY ITS PRL. SECRETARY. 2. THE COMMISSIONER DEPT OF COLLEGIATE EDUCATION, SESHADRI ROAD, BENGALURU -560001. 3. ADDL DIRECTOR, FOR COLLEGIATE EDUCATION DEPT. OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU -560001. 4. MALNAD PROGRESSIVE EDUCATION SOCIETY SDM COLLEGE, HONNAVAR -581334, REP BY ITS PRESIDENT/VICE PRESIDENT. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:926 WP No. 102738 of 2024 5. THE PRINCIPAL SDM COLLEGE, HONNAVAR UTTARA KANNADA, DISTRICT -581334. …RESPONDENTS (BY SMT. KIRTHILATHA R. PATIL, HCGP FOR R1 TO R3, SRI. GANAPATHI M. BHAT, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 IS PRAYING TO, A) TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATIONS DATED 28.02.2024 FOR THE REGULARIZATION OF THE SERVICE OF THE PETITIONER IN THE PRE- UNIVERSITY COLLEGE OF 5TH RESPONDENT, AS PER ANNEXURE-A AND B. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “To issue writ of mandamus or any other appropriate writ or order directing the respondent No.2 and 3 to consider the representations dated 28.02.2024 for the regularization of the service of the petitioner in the pre-university college of 5th respondent, as per Annexures-A and B.” 2. The petitioner is said to have been appointed as Hindi Part Time Lecturer at Anjuman College, Bhatkal. The - 3 - NC: 2025:KHC-D:926 WP No. 102738 of 2024 services of the petitioner so appointed, comes to be approved by the State. The petitioner then is appointed as Hindi Lecturer at the 5th respondent College. It is his claim that he has been working in the said College since 1995. Therefore he has put in closed to 29 years of service. The petitioner has submitted representation seeking regularisation of his services on 28.02.2024, the non- consideration of which has driven the petitioner to this Court in the subject petition. 3. The learned counsel for the petitioner submits that if a direction is issued to consider the representation, it would suffice for the present. 4. The learned HCGP would submit that if reasonable time is granted, the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law. 5. In that light, without going into the claim of the petitioner, the respondents shall consider the representation dated 28.02.2024 and pass necessary - 4 - NC: 2025:KHC-D:926 WP No. 102738 of 2024 orders in accordance with law within 3 months from the date of receipt of the copy of this order, if not earlier. 6. The decision taken shall be communicated to the petitioner. 7. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 166