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2025 DAILYLAW 51918 (KAR)

PRAKASH M DIWANAD v. THE PRINCIPAL SECRETARY

WP/104773/2025 · 2025-08-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 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.104773 OF 2025 (S-RES) BETWEEN: 1. PRAKASH M DIWANAD AGE. 48 YEARS OCC. GUEST LECTURERS R/O GOLLAR ONI, TALUK RON, DIST GADAG 2. ASHOK T JOSHI AGE. 44 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 3. GEETA ARUTAGIMATH AGE. 45 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 4. GEETA V ANGADI AGE. 45 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 5. HANUMANTAPPA JANTLI AGE. 40 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, R/O ABBIGERI, TQ GAJENDRAGAD, DIST GADAG 6. MANJULA KHANDAGAL HIREMATH AGE. 58 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 7. MUDAKAPPA K HADAPAD AGE. 48 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 8. RAJESH HADLI AGE. 48 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 9. SHARANAPPA MULI AGE. 52 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, R/O HIREARALIKATTI TQ, KUSHTAGI DIST KOPPAL 10. VINAYAK JADHAV AGE. 48 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 11. VISHWANATH POLICE PATIL AGE. 57 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 12. YAMANAPPA GOUDAR AGE. 43 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 13. SHARANAPPA RONAD AGE. 42 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG. 14. GAJENDRAN S/O N SANNA NAGAPPA AGE. AGE-39 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, (AUTONOMOUS) BELLARY BALLARI R/O WORD NO-03 ST COLONY HOUSE NO-472 YARINGALIGI (POST) - 3 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 KURUGODU(TQ) BELLARY(DIST) 15. JAGADISHA. M S/O LANKEPPA. M AGE. 45 YEARS, OCC. GUEST LECTURER SGRCM GMGC GOVT FRIST GRADE COLLEGE, BALLARI HIREHADLIGI, POST BALLARI DIST. 16. T. JAYARAMA S/O NETTEKALLAPPA T AGE. 42 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI WARD NO 17 SHEKSHAVALI DARGA BEHIND TARANATH HOSPITAL ANANTHAPUR ROAD, BALLARI 17. M. SARASWATI W/O HULIKUNTEPPA AGE. 32 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HOSABANDIHARLAPURA BELLIGATTA, KUDLIGI TQ., BELLARY. DIST 18. MANJUNATHA C AGE. 48 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, BALLARI SSA GOVT FRIST GRADE COLLEGE, BALLARI 19. RUDRAGOUDA T S/O SIDDARAMANA GOUDA AGE. 51 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI BYRAPURA, TQ SIRAGUPPA, DIST BALLARI 20. RUDRAMUNI T S/O VEERABHADRAPPA T AGE. 57 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI NEAR HONNURASWAMY TEMPLE, YERIGERI STREET K VEERAPURA POST. 21. SARALA R AGE. 43 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI "SAPTAGIRI NILAYA", 9TH CROSS, INDIRA NAGAR, KOLAGAL ROAD, NEAR AMBEDKAR SCHOOL. BALLARI -583104 - 4 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 22. SIDDESH D AGE. 48 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI NEAR HONNURASWAMY TEMPLE YERIGERI STREET K VEERAPURA POST 23. VEERESHAIAH K.M S/O CHANABASAIAH AGE. 56 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI R/O KAPPAGALLU, TQ HAGARIBAMMANAHALLI, DIST. VIJAYANAGAR. 24. VIJAYALAKSHMI W/O B.C.NITHYANANDA, AGE. 44 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI HOUSE NO.3/B, WARD NO.25, JAGANNATH TEMPLE STREET, C.B. BALLARI- 583102 25. Y RAJENDRAPPA AGE. 45 YEARS, OCC. GUEST LECTURER SSA GOVT FRIST GRADE COLLEGE, BALLARI NEAR HONNURASWAMY TEMPLE YERIGERI STREET K VEERAPURA POST 26. RAVINDRA TELAGADI S/O SHIVAPPA AGE. 45 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, TEKKALKOTE, SMT, HDMS R/O AT. AGRANI INGAON POST. ABBIHAL TA;ATHANI, DIST. BELAGAVI 27. RAGHAVENDRA PATTAR S/O VASAPPA AGE. 42 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, KUSHTAGI R/O BALUTAGI, TQ. KUSHTAGI DT . KOPPAL 28. SHANKARAPPA ADAVIBAVI AGE. 42 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, KUSHTAGI R/O BALUTAGI, TQ. KUSHTAGI - 5 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 DT . KOPPAL 29. USHADEVI D/O ERANNA AGE. 36 YEARS, OCC. GUEST LECTURER, T.S.H.M.S GOVT FRIST GRADE COLLEGE, SIRAGUPPA HOUSE NO .- 52 WARD NO.-11 RAJIVGANDI NAGAR SIRUGUPPA BALLARI (DIS) 30. NAYAKAR SURESH AGE. 34 YEARS, OCC. GUEST LECTURER, T.S.H.M.S GOVT FRIST GRADE COLLEGE, SIRAGUPPA NAYAKARA ONI HERIHALU SIRUGUPPA TQ BELLARI DIST 31. BASAVARAJA H S/O GONEPPA H AGE. 36 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HOSABANDI HARLAPUR PAMPAPATHI TEMPLE HACHOLLI. SIRUGUPPA TQ. BALLARI DST 32. VEERABHADRAPPA R.K S/O UMAPATHI R K AGE. 32 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HOSABANDI HARLAPUR PAMPAPATHI TEMPLE HACHOLLI. SIRUGUPPA TQ. BALLARI DST 33. JAYALAXMI S W/O UPENDRA AGE. 44 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, SIRAGUPPA BTS MANSION VIJAYA VITTAL NAGAR,12TH WARD SIRUGUPPA TALUK BALLARI DISTRICT 34. AKKI MALLIKARJUN AGE. 44 YEARS, OCC. GUEST LECTURER SSAS GOVT FRIST GRADE COLLEGE, HOSPET MUSVINALLI KALLAHALLI 35. BASAVARAJ HULAKANNAVAR AGE. 44 YEARS, OCC. GUEST LECTURER SSAS GOVT FRIST GRADE COLLEGE, HOSPET R/O KALAKERI TALUK MUNDARAGI, DIST GADAG 582118 - 6 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 36. NINGAJJA N SOMPUR AGE. 46 YEARS, OCC. GUEST LECTURER SSAS GOVT FRIST GRADE COLLEGE, HOSPET PADMASREE NILAYA. 1 ST CROSS. NEAR SHARANAM HOSPITAL. AMARAVATHI. ATPO. HOSAPETE 583201. DIST. VIJAYANAGARA. 37. VIJAKUMAR P AGE. 58 YEARS, OCC. GUEST LECTURER SSAS GOVT FRIST GRADE COLLEGE, HOSPET PADMASREE NILAYA. 1 ST CROSS. NEAR SHARANAM HOSPITAL. AMARAVATHI. ATPO. HOSAPETE 583201. DIST. VIJAYANAGARA. 38. SUNKANNA T S/O MARIBASAMMA AGE. 32 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HOSPET SRINIVASA COLONY, HONNALLI ROAD, GUGGARAHATTI, BALLARI-583102 39. M.S KOLUR AGE. 39 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HUNNUR AT BUDNI POST HUNASHIKATTI TQ JAMKHANDI DIST BAGALKOT 587121 40. ANDAVVA P.K AGE. 40 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HUVINAHADGALI AT BUDNI POST HUNASHIKATTI TQ JAMKHANDI, DIST BAGALKOT 587121 41. CHANDRASHEKHAR.H AGE. 37 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HITNAL KURUBAR ONI NELUKUDARI 2ND HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR. - 7 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 42. PARAMANNA BAGALI AGE. 45 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HAADANAHALI KURUBAR ONI NELUKUDARI 2ND 2ND HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR. 43. CHAITRA B.R D/O RAJANNA B G AGE. 33 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, KUNIGAL R/O KURUBAR ONI NELUKUDARI 2ND 2ND HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR. 44. NIRUPANANDSWAMI AGE. 45 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, HAGARIBOMMANAHALLI JOSHI STREET HOSPET ROAD HARAPANAHALLI DIST. VIJAYANAGAR. 45. GANGADHAR H S/O HARIJANA HULLEPPA AGE. 41 YEARS, OCC. GUEST LECTURER GOVT FRIST GRADE COLLEGE, KOPPAL ‘ GOWRIPURA VILLAGE BOMMAGATTA POST SANDUR TQ, BALLARI DIST …PETITIONERS (BY SRI. B N MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA M.S. BUILDING BANGALORE-01 2. COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION HIGHER EDUCATION BUILDING SHESHADRI ROAD BANGALORE-560001 3. THE PRINCIPAL BSS GOVT FRIST GRADE COLLEGE - 8 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 GAJENDRAGAD, DIST GADAG 573201 4. THE PRINCIPAL SBSSA GOVT FRIST GRADE COLLEGE BALLARI 583102 5. THE PRINCIPAL SGRCM GOVT FRIST GRADE COLLEGE, BALLARI 583102 6. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, S.H.S.S TEKKALKOTE 583122, DIST. BALLARI 7. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, SBSS KUSHTAGI 583277, DIST KOPPAL 8. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, T.S.H.M.S SIRAGUPPA 583121, DIST BALLARI/ 9. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, HOSABADI HARLAPUR KOPPAL 583234 10. THE PRINCIPAL SSAS GOVT FRIST GRADE COLLEGE, HOSPET DIST VIJAYANAGAR 583201 11. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, HUNNUR 587119, DIST. BAGALKOTE 12. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, SMT. RUDRAMMA HUVINAHADGALI DIST BALLARI 583219 13. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, HITNAL DIST KOPPAL 583234 - 9 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 14. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, HARADANAHALLI DIST HASAN 573211 15. THE PRINCIPAL GVPP GOVT FRIST GRADE COLLEGE, HAGARIBOMMANAHALLI DIST BALLARI 583212 16. THE PRINCIPAL GOVT FRIST GRADE COLLEGE, KOPPAL 583231. 17. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, KUNNIGAL, DIST. TUMKUR-572130. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WP IS FILED PRAYING TO,WHEREFORE, IT IS MOST RESPECTFULLY PRAYED 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION ISSUED BY R2 INVITING THE APPLICATION FOR GUEST LECTURERS VIDE BEARING NO. KA SHI E NEVI-AUA/28/2025- 26 DATED 25/06/2025 VIDE ANNEXURE B IN RESPECT OF PETITIONERS. A2. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR IN NATURE OF ANY OTHER WRIT DIRECTING THE RESPONDENTS TO ALLOW THE PETITIONER TO CONTINUE HIS SERVICE IN THE RESPONDENT COLLEGES TILL END OF THE A.Y 2025-26.3. PASS SUCH ORDERS AS THIS HON BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AS IN DUTY BOUND THE PETITIONERS SHALL EVER PRAY AN ACT OF KINDNESS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 10 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1. To issue writ in the nature of certiorari to quash the impugned notification issued by r2 inviting the application for guest lecturers vide bearing No. KaShiE/NEVI-1/AUA/28/2025-26 dated 25/06/2025 vide Annexure B in respect of petitioners. 2. Issue a writ in the nature of mandamus or in nature of any other writ directing the respondents to allow the petitioner to continue his service in the respondent colleges till end of the A.Y 2025- 26. 3. Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the petitioners shall ever pray an act of kindness 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 - 11 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 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 notification dated 25.06.2025 issued by respondent No.2 at Annexure-B. 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. - 12 - HC-KAR NC: 2025:KHC-D:10112 WP No. 104773 of 2025 v. Pending I.A. stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 2 Sl No.: 17