- 1 - HC-KAR NC: 2025:KHC-D:10118 WP No. 102911 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102911 OF 2025 (S-RES) BETWEEN: 1. SRI. SATYAPPA R TOLAKE S/O REVAPPA TOLAKE, A AGED ABOUT 43 YEARS W/AS. GUEST LECTURE AT GOVERNMENT FIRST GRADE COLLEGE ATHANI-591304 R/AT. GAVANAL, POST. KAMATANUR TQ. HUKKERI DIST. BELAGAVI-591340. 2. SRI ROHIT A MANE S/O APPA MANE AGED ABOUT 44 YEARS W/AS. GUEST LECTURE AT GOVERNMENT FIRST GRADE COLLEGE HUKKERI, R/AT. BHOJ TQ. NIPPANI, DIST. BELAGAVI-591263. &PETITIONERS (BY SRI. UPADHYE ARAVIND DEVENDRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT SCHOOL EDUCATION AND LITERACY (HIGHER EDUCATION) M.S.BUILDING, BENGALURU-560001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10118 WP No. 102911 of 2025 2. THE COMMISSIONER DEPARTMENT FOR COLLEGIATE AND TECHNICAL EDUCATION THANTRIKA BHAVAN PALACE ROAD, BENGALURU-560001. 3. THE UNIVERSITY GRANT COMMISSION BAHADUR SHA ZAFAR MARG, NEW DELHI-110002 REPRESENTED BY ITS SECRETARY. 4. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE ATHANI TQ. ATHANI DIST. BELAGAVI-591304. 5. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE HUKKERI TQ. HUKKERI DIST. BELAGAVI-591309. &RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1, R2, R4 AND R5; ANOOP G. DESHPANDE, ADVOCATE FOR R3) THIS WP IS FIL THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE NOTIFICATION BEARING NO.NO.KASHIE/NEVI-AUAA/99/2024-25 DATED 02.01.2025 AT ANNEXURE-K AND NOTIFICATION BEARING NO.NO.KASHIE/NEVI-AUAA/99/2024-25 DATED 25.04.2025 AT ANNEXURE-M ISSUED BY THE 2ND RESPONDENT AS THE SAME IS ILLEGAL, ARBITRARY AND VIOLATION OF ARTICLE 14, 16 AND 21 OF THE CONSTITUTION OF INDIA. B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO ALLOW THE PETITIONER CONTINUE THEIR SERVICE IN RESPECTIVE COLLEGES WITHOUT INSISTING THE ADDITIONAL - 3 - HC-KAR NC: 2025:KHC-D:10118 WP No. 102911 of 2025 QUALIFICATIONS. AND DECLARE THAT THE ACTION OF THE RESPONDENTS NO.1,2 AND 4 TO 5 IN CALLING FOR FRESH NOTIFICATION FOR THE APPOINTMENT OF GUEST LECTURERS FOR THE NEXT ENSUING YEARS ARE CONTRARY TO THE LAW DECLARED IN MANISH GUPTA AND ANOTHER VS.PRESIDENT JAN BHAGIDARI SAMITHI (ANNEXURE-P).C. DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONERS BY CONSIDERING THE LENGTHY OF SERVICES AND CONTINUE THEIR SERVICE IN RESPECTIVE COLLEGE STILL APPOINTMENT OF REGULAR EMPLOYEE AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ of certiorari or any other appropriate writ, order quashing the Notification bearing no. No.KaShiE/NEVI-AUAa/99/2024-25 dated 02.01.2025 at Annexure-K and notification bearing no. KaShiE/NEVI-AUAa/99/2024-25 dated 25.04.2025 at Annexure-M issued by the 2nd respondent as the same is illegal, arbitrary and violation of article 14, 16 and 21 of the Constitution of India. b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to allow the petitioner continue their service in respective colleges without insisting the - 4 - HC-KAR NC: 2025:KHC-D:10118 WP No. 102911 of 2025 additional qualifications. and declare that the action of the respondents no.1,2 and 4 to 5 in calling for fresh notification for the appointment of guest lecturers for the next ensuing years are contrary to the law declared in MANISH GUPTA AND ANOTHER VS. PRESIDENT JAN BHAGIDARI SAMITHI (Annexure-P). c. Direct the respondents to regularize the services of the petitioners by considering the lengthy of services and continue their service in respective college still appointment of regular employee and grant such other relief or reliefs as this Hon9ble court deems fit to grant in the circumstances of the case, in the interest of justice and equity. 2. The petitioners claim to be the guest lecturers and claim to be aggrieved by a circular which has been issued for appointment of guest lecturers for the ensuing year. 3. The process for recruitment has been taken up by the respondents. It would always be permissible for the petitioners to also participate in the said process and if they are successful, to be appointed to such post of guest lecturers. The appointment process cannot be stopped at the instance of the petitioners. As such, I pass the following: - 5 - HC-KAR NC: 2025:KHC-D:10118 WP No. 102911 of 2025 ORDER i. Writ petition is partly allowed. ii. The petitioners are permitted to participate in the recruitment process in terms of the circulars dated 02.01.2025 and 25.04.2025 issued by respondent No.2 at Annexures-K and M respectively. iii. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post. iv. Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed. v. Pending I.A. stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 2 Sl No.: 24