- 1 - HC-KAR NC: 2025:KHC-D:10122 WP No. 103045 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.103045 OF 2025 (S-RES) BETWEEN: 1. SRI. HANAMANT S HUCHCHANNAVAR, S/O. SIDDAPPA HUCHCHANNAVAR AGED ABOUT 56 YEARS, W/AS. GUEST LECTURE, AT GOVERNMENT FIRST GRADE COLLEGE GOKAK. R/AT- KUIGOD, TQ-MUDALAGI,DIST-BELAGAVI-591310. 2. SMT. SAJEEDA A AMEENNAIK, D/O. ABDUL RASHEED AGED ABOUT 40 YEARS, W/AS. GUEST LECTURE, AT GOVERNMENT FIRST GRADE COLLEGE MALURU. R/AT- SHIVASHAKTI NAGAR, KELAGERI, NEAR MOSQUE, DHARWAD-580007. 3. SMT.BHARATI B CHANNAPPAGOL, D/O. BHAGAWANT CHANNAPPAGOL, AGED ABOUT 42 YEARS, W/AS. GUEST LECTURE, AT SRI.CHANNAPPANNA NINGAPPA NIRANI GOVERNMENT FIRST GRADE COLLEGE SAVALAGI. R/AT-AMBEDKAR NAGAR, HUNNUR, TQ-JAMKHANDI, DIST-BAGALKOT-587301. …PETITIONERS (BY SRI. UPADHYE ARAVIND DEVENDRE, ADVOCATE) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10122 WP No. 103045 of 2025 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT SCHOLL EDUCATION AND LITERACY (HIGHER EDUCATION), M.S.BUILDING, BENGALURU 560 001. 2. THE COMMISSIONER DEPARTMENT FOR COLLEGIATE AND TECHNICAL EDUCATION, THANTRIKA BHAVAN, PALACE ROAD, BENGALURU-560 001. 3. THE UNIVERSITY GRANT COMMISSION, BAHADUR SHA ZAFAR MARG, NEW DELHI-110002. REPRESENTED BY ITS SECRETARY. 4. THE PRINCIPAL, GOVERNMENT FIRST GRADE COLLEGE GOKAK. TQ-MUDALAGI, DIST-BELAGAVI-591307. 5. THE PRINCIPAL, GOVERNMENT FIRST GRADE COLLEGE MALURU. TQ-MALURU, DIST-KOLAR-563130. 6. THE PRINCIPAL, SRI.CHANNAPPANNA NINGAPPA NIRANI GOVERNMENT FIRST GRADE COLLEGE SAVALAGI, TQ-JAMAKANDI, DIST-BAGALKOT-587330. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF 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-1/AUAA/99/2024-25 DATED 02.01.2025 AT ANNEXURE-N AND NOTIFICATION BEARING NO.NO.KASHIE/NEVI- - 3 - HC-KAR NC: 2025:KHC-D:10122 WP No. 103045 of 2025 1/AUAA/99/2024-25 DATED 25.04.2025 AT ANNEXURE-Q 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 PETITIONERS TO CONTINUE THEIR SERVICE IN RESPONDENT 4 TO 6 COLLEGES WITHOUT INSISTING THE ADDITIONAL QUALIFICATIONS. AND DECLARE THAT THE ACTION OF THE RESPONDENT S NO.1,2 AND 4 TO 6 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-S). 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. THIS PETITION IS COMING ON FOR ORDERS, 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-1/auaa/99/2024-25 dated 02.01.2025 at Annexure-N and notification bearing no.no.kashie/nevi-1/auaa/99/2024-25 dated 25.04.2025 at annexure-q issued by the 2nd respondent as the same is illegal, arbitrary and violation of article 14, 16 and 21 of the constitution of India. - 4 - HC-KAR NC: 2025:KHC-D:10122 WP No. 103045 of 2025 b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to allow the petitioners to continue their service in respondent 4 to 6 colleges without insisting the additional qualifications. and declare that the action of the respondent s no.1,2 and 4 to 6 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-S). 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. 2. The grievance of the petitioners is that, despite rendering continuous service as guest lecturers for over 10 to 15 years, their cases for regularisation have not been considered by the respondents. It is submitted that if their services were to be considered for regularisation, the process of conducting fresh interviews for the same posts would become redundant. 3. There appears to be substance in the submission made by the learned counsel for the petitioners. - 5 - HC-KAR NC: 2025:KHC-D:10122 WP No. 103045 of 2025 The petitioners have served for a considerable period, and no material is placed before this Court to show any complaints or adverse remarks with respect to their competency or conduct. 4. Under such circumstances, the petitioners ought to have been considered regularisation of the services of the petitioners, so long as they satisfy all other requirements, and after that for the remaining vacancies the respondents ought to have proceeded with a fresh recruitment process. 5. In light of the above observations, the following order is passed: ORDER I. The writ petition is partly allowed. II. Respondents are directed to continue the services of the petitioners as guest lecturers until the process of - 6 - HC-KAR NC: 2025:KHC-D:10122 WP No. 103045 of 2025 regularization is duly considered and concluded, in accordance with law. III. The respondents are further directed to consider the case of the petitioners for regularization, subject to their eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. IV. All pending interlocutory applications, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 2 Sl No.: 29