- 1 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 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.104768 OF 2025 (S-REG) BETWEEN: 1. SURAPPA.Y.P S/O PAPAIAH.Y AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE WOMEN9S COLLEGE, KOPPAL-583231, TQ AND DIST: KOPPAL. 2. SURESH.P S/O PALLARA CHINNAIAH AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE KODIHALLI-562117 KANAKAPURA, TQ: KANAKAPURA, DIST: BENGALURU SOUTH. NOW RESIDING AT GADAG-582101, TQ AND DIST: GADAG. 3. MAHANTESHA.T AGE: 42 YEARS, OCC: GUEST LECTURER AT SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS) COLLEGE, BALLARI-583101, TQ AND DIST: BALLARI. 4. VIRUPAKSHA.S S/O SIDDAIAH.S.G AGE: 48 YEARS, OCC: GUEST LECTURER AT SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS) COLLEGE, BALLARI-583101, TQ AND DIST: BALLARI. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 5. SIDDARAJ S/O SIDDRAM REDDY AGE: 41 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE (AUTONOMOUS) COLLEGE, YADGIRI-585202, TQ AND DIST: YADGIRI. 6. RACHAYYA S/O BASAVARAJAYYA HIREMATH AGE: 55 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, MUDNAL, YADGIRI-585202, TQ AND DIST: YADGIRI. 7. CHANDRASHEKARA.G.K AGE: 32 YEARS, OCC: GUEST LECTURER AT R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE, BILAGI-587116, TQ: BILAGI, DIST: BAGALKOTE. 8. LAXMI PUJERI AGE: 29 YEARS, OCC: GUEST LECTURER AT R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE, BILAGI-587116, TQ: BILAGI, DIST: BAGALKOTE. 9. BHAGYASHREE.V.JADHAV AGE: 34 YEARS, OCC: GUEST LECTURER AT R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE, BILAGI-587116, TQ: BILAGI, DIST: BAGALKOTE. 10. KIRAN SONNA AGE: 34 YEARS, OCC: GUEST LECTURER AT R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE, BILAGI-587116, TQ: BILAGI, DIST: BAGALKOTE. 11. SAVITA KUNTOJI AGE: 38 YEARS, OCC: GUEST LECTURER AT R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE, BILAGI-587116, TQ: BILAGI, DIST: BAGALKOTE. - 3 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 12. SMT.VANISHRI.S.JANTAGAL AGE: 34 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE WOMEN9S COLLEGE, BAGALKOTE-587101, TQ AND DIST: BAGALKOTE. 13. SMT.NAMRATA MAHAVEERAGOUDA PATIL AGE: 34 YEARS, OCC: GUEST LECTURER AT S.S.P.O.GOVT FIRST GRADE COLLEGE, MUDDEBIHAL-586212, TQ: MUDDEBIHAL, DIST: VIJAYAPUR. NOW RESIDING AT GADAG-582101, TQ AND DIST: GADAG. 14. KRISHNAGOUDA.V.NAIK AGE: 48 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 15. TULASIGERAPPA MOKHASHI AGE: 37 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 16. KUM.SNEHA KALE AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 17. RAMESH.G.YARAGATTI AGE: 47 YEARS, OCC: GUEST LECTURER AT SHRI.C.M.M.GOVT FIRST GRADE COLLEGE, YARAGATTI-591129, TQ: YARAGATTI, DIST: BELAGAVI. &PETITIONERS (BY SRI. SAJID AHMED GOODWALA, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 AND: 1. THE STATE OF KARNATAKA RPTD BY ITS PRL.SECRETARY DEPT.OF EDUCATION (HIGHER EDUCATION), M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER DEPT.OF COLLEGIATE AND TECHNICAL EDUCATION SHESHADRI ROAD, BENGALURU-01. 3. THE UNIVERSITY GRANT COMMISSION (UGC) RPTD BY ITS CHAIRMAN BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. 4. THE PRINCIPAL GOVT FIRST GRADE COLLEGE WOMEN9S COLLEGE, KOPPAL-583231, TQ AND DIST: KOPPAL. 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE KODIHALLI-562117 KANAKAPURA, TQ: KANAKAPURA, DIST: BENGALURU SOUTH. 6. THE PRINCIPAL SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS) COLLEGE, BALLARI-583101, TQ AND DIST: BALLARI. 7. THE PRINCIPAL GOVT FIRST GRADE COLLEGE (AUTONOMOUS) COLLEGE, YADGIRI-585202, TQ AND DIST: YADGIRI. 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, MUDNAL, YADGIRI-585202, TQ AND DIST: YADGIRI. 9. THE PRINCIPAL R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE, - 5 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 BILAGI- 587116, TQ: BILAGI, DIST: BAGALKOTE. 10. THE PRINCIPAL GOVT FIRST GRADE WOMEN9S COLLEGE, BAGALKOTE-587101, TQ AND DIST: BAGALKOTE. 11. THE PRINCIPAL S.S.P.O.GOVT FIRST GRADE COLLEGE, MUDDEBIHAL-586212, TQ: MUDDEBIHAL, DIST: VIJAYAPUR. 12. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 13. THE PRINCIPAL SHRI.C.M.M.GOVT FIRST GRADE COLLEGE, YARAGATTI-591129, TQ: YARAGATTI, DIST: BELAGAVI &RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R2 AND R4 TO R13; ANOOP G. DESHPANDE, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO.KASHIE/NEVI-1/AOOAA/99/2024-25 DATED 02.01.2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-B. B) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER BEARING NO.KASHIE/NEVI- 1/AOOAA/99/2024-25 DATED 25/4/2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-C. - 6 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 C) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER BEARING NO.KASHIE/NEVI- 1/AOOAA/28/2025-26 DATED 25/6/2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-D. D) ISSUE A WRIT IN THE MANDAMUS BY DIRECTING THE RESPONDENTS TO REGULARIZE THE PETITIONERS WHO HAVE BEEN WORKED FOR MORE THAN 10 YEARS AS GUEST LECTURERS IN THEIR RESPECTIVE COLLEGES IN THE INTEREST OF JUSTICE AND EQUITY. E) DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL QUALIFICATION PRIOR TO 11/7/2009 WITHOUT NET/SLET/PH.D AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSORS/LECTURER FOR THE ACADEMIC YEAR 2024-25 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW. F) DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL QUALIFICATION OBTAINED BY THE PETITIONERS PRIOR TO 11/7/2009 AS PER UGC REGULATIONS, 2018 IS THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE PASSED NET/SLET/PH.D EXAMINATIONS AND EXTEND ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM. G) DIRECT THE RESPONDENT NO.1 AND 2 TO CONTINUE THE PETITIONERS AS GUEST LECTURERS WITHOUT REPLACING THEM BY REGULARLY SELECTED CANDIDATES IN TERMS OF THE LAW LAID DOWN BY THE HON BLE HIGH COURT OF KARNATAKA IN MANISH GUPTA AND ANOTHER VS PRESIDENT JAN BHAGIDARI SAMITHI AND OTHERS AND REGULARIZE THE SERVICES OF THE PETITIONERS WHO HAVE IN CONTINUOUS SERVICE FOR MORE THAN 10 YEARS AND EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION. H) DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONERS AS GUEST LECTURERS IN THEIR RESPECTIVE COLLEGES TILL THE COMPLETION OF ACADEMIC YEAR 2025- 26, IN THE INTEREST OF JUSTICE AND EQUITY.I) GRANT SUCH OTHER RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF - 7 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 THE CASE AND ALLOW THE WRIT PETITION WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no. KaShiE/NeVi-1/AOoAa/99/2024-25 dated 02.01.2025 issued by the respondent no.2 vide annexure-b. b) issue a writ in the nature of certiorari by quashing the impugned order bearing no. KaShiE/NeVi- 1/AOoAa/99/2024-25 dated 25/4/2025 issued by the respondent no.2 vide annexure-c. c) Issue a writ in the nature of certiorari by quashing the impugned order bearing no. KaShiE/NeVi- 1/AOoAa/28/2025-26 dated 25/6/2025 issued by the respondent no.2 vide annexure-d. d) Issue a writ in the mandamus by directing the respondents to regularize the petitioners who have been worked for more than 10 years as guest lecturers in their respective colleges in the interest of justice and equity. e) Declaring the petitioners who have possessed only M.Phil qualification prior to 11/7/2009 without NET/SLET/Ph.D as ineligible to hold the post of assistant professors/lecturer for the academic - 8 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 year 2024-25 as arbitrary, illegal and not sustainable in the eye of law. f) Direct the respondents to consider the M.Phil qualification obtained by the petitioners prior to 11/7/2009 as per UGC regulations, 2018 is the qualification on par with the candidates who have passed NET/SLET/Ph.D examinations and extend all the benefits which they are entitled to on par with them. g) Direct the respondent no.1 and 2 to continue the petitioners as guest lecturers without replacing them by regularly selected candidates in terms of the law laid down by the Hon9ble High Court of Karnataka in Manish Gupta and another vs President Jan Bhagidari Samithi and others and regularize the services of the petitioners who have in continuous service for more than 10 years and extend all the benefits arising out of the said regularization. h) Direct the respondents to continue the petitioners as guest lecturers in their respective colleges till the completion of academic year 2025-26, in the interest of justice and equity. i) Grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs 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. - 9 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 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: ORDER i. Writ petition is partly allowed. ii. The petitioners are permitted to participate in the recruitment process in terms of the circulars issued by respondent No.2 at Annexures-B, C and D respectively. iii. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post. - 10 - HC-KAR NC: 2025:KHC-D:10229 WP No. 104768 of 2025 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.: 16