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2025 DAILYLAW 52005 (KAR)

JAMBULINGESHWAR MAHADEVAPPA SIRUR v. THE PRINCIPAL SECRETARY

WP/104413/2025 · 2025-08-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 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. 104413 OF 2025 (S-RES) BETWEEN: 1) JAMBULINGESHWAR MAHADEVAPPA SIRUR AGE: 43 YEARS, OCC LECTURER R/AT: NO.530, LAVANYA NILAY NEAR PANDURANGA TEMPLE JANATA PLOT, DHUMMAWAD DHARWAD-580114 2) ALI AHAMMAD GOKAVI AGE: 48 YEARS, OCC: LECTURER C/O.GOVT FIRST GRADE COLLEGE MUNDGOD-581349 3) SMT RUBINA SHAIKH D/O. AHMED SHAIKH AGE: 33 YEARS, OCC: LECTURER R/AT: NEAR SHIVANATH TEMPLE SONARWADA, BAAD, NANDGAD KARWAR-581304 4) SMT JYOTI BASAVANT KATTI AGE: 44 YEARS, OCC: LECTURER R/AT: KHB COLONY, MUNDGOD KARWAR-581349 5) SMT SHILPA BHOVIVADDAR AGE: 36 YEARS, OCC: LECTURER R/AT: 148, KAMLA ROAD, SIRSI RIGHT SIDE RAJUNAGAR SIRSI-581402 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 6) SACHIN GAJANAN MESTA AGE: 35 YEARS, OCC: LECTURER C/O. SANKRIWADA, 1ST CROSS, BAAD KARWAR-581306 7) DAWALASAB KHADARSAB WALIKAR AGE: 39 YEARS, OCC: LECTURER R/AT. KARADGI, SAVANUR HAVERI-581126 8) RAJESHWARI SHANTARAM ANDAGI AGE: 46 YEARS, OCC: LECTURER R/AT: NO.190/1, LSA COMPLEX DEVPUR ONI, MALAGI MUNDGOD, UTTAR KANNADA-581349 9) MAHENDRA MADHUKAR GADKAR AGE: 40 YEARS, OCC: LECTURER C/O. SHUBHAM NILAY TEACHERS QUARTERS DR B R AMBEDKAR ROAD, TOWNSHIP NEAR RAGHAVENDRA SWAMY TEMPLE DANDELI-581325 10) UMESH RAMACHANDRA BHANDAGE AGE: 48 YEARS, OCC: LECTURER R/AT: LAXMI PLAZA, 1ST FLOOR BESIDE NOORANI MARKET P.B ROAD, HUBLI-580028 11) PRALHAD GHADI S/O. VISHNU GHADI AGE: 53 YEARS, OCC: LECTURER C/O. MANGALWADA, HALIYAL UTTAR KANNADA-581356 12) PRAKASH NINGAPPA BHEEMARAYAR AGE: 48 YEARS, OCC: LECTURER R/AT: SANKLIPUR, KALAS KUNDGOL, DHARWAD-581107 - 3 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 13) FARHAT BANU TANDUR D/O. SAYED MAQDUM TANDUR AGE: 38 YEARS, OCC: LECTURER R/AT: H NO.7/1, BANDIWADAGASI CBT, HUBLI-580020 14) SMT LAXMI SHIVANAND NAIK AGE: 42 YEARS, OCC; LECTURER R/AT: H NO.100 C AT: BELABANDAR ANKOLA-581314 15) KAVERI MARATHI D/O. DUMMA MARATHI AGE: 39 YEARS, OCC: LECTURER VINAYAK COLONY YELLAPUR-581359 UTTAR KANNADA 16) NITESH MORE S/O. DHONDU MORE AGE: 38 YEARS, OCC: LECTURER R/O. UDYAM NAGAR YELLAPUR-581359 UTTAR KANNADA 17) NIRMALA BRAHMANAND NAIK AGE: 49 YEARS, OCC: LECTURER R/O. KANBERAWADA, BHAVIKERI POST ANKOLA-581321, UTTAR KANNADA 18) PRAMILA R GOUDA D/O. RAMA D GOUDA AGE: 45 YEARS, OCC: LECTURER R/O. GOUDAWADA, BAITKOL KARWAR-581302 19) DEEPIKA NAIK D/O. DOTTAYYA NAIK AGE: 34 YEARS, OCC: LECTURER R/O. KALAMMA NAGAR NEAR BCM GIRLS HOSTEL - 4 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 YELLAPUR- 581359 20) PRIYA GAONKAR D/O. SHANTARAM GAONKAR AGE: 36 YEARS, OCC: LECTURER R/O. NEAR MARKOLI TEMPLE KALLAMMA NAGAR YELLAPUR-581359 21) MANJAVVA S HANCHINAMANI D/O. SURESHAPPA AGE: 38 YEARS, OCC: LECTURER R/AT; AKKIVALLI, ARALESHWAR HAVERI-581104 22) PRATIBHA GOUDA D/O. VENKATARAMAN GOUDA AGE: 42 YEARS, OCC: LECTURER R/AT: NAGENDRAGOUDA, VSS UMMACHGI YELLAPUR-581347 UTTAR KANNADA 23) BHARATI R BHOVI AGE: 53 YEARS, OCC: LECTURER R/O. BASAVESHWAR NAGAR NAVALGUND, DHARWAD-582208 24) SMT. SAPNA NAIK D/O. ULHAS NAIK AGE: 36 YEARS, OCC: LECTURER R/AT: NANDANGADDA, KARWAR-581304 25) SHARAN HONNANNAVAR AGE: 41 YEARS OCC: LECTURER C/O.SAVANUR ROAD, SHIGGAON HAVERI-581205 26) YALLAPPA GAVISIDDAPPA HANCHINAL AGE: 43 YEARS, OCC: LECTURER C/O. H NO.40, WALVEKAR PLOT KESHWAPUR, HUBLI-580023 - 5 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 27) RAHMATHULLA R S/O. ABDUL RAUOOF AGE: 58 YEARS, OCC: LECTURER C/O. KHAZI MOHALLA, NEAR JAMIYA MASJID NALLUR VILLAGE, CHANNAGIRI DAVANGERE-577221 …PETITIONERS (BY SRI. R M JAVED, ADVOCATE) AND: 1) THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA M.S. BUILDING, BANGALORE-560001 DEPT. OF EDUCATION. 2) THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION HIGHER EDUCATION BUILDING SHESHADRI ROAD BANGALORE-560001 3) THE PRINCIPAL GOVT FIRST GRADE COLLEGE MUNDGOD-581349 4) THE PRINCIPAL GOVT FIRST GRADE COLLEGE BANKAPUR, SHIGGAON HAVERI-581202 5) THE PRINCIPAL GOVT FIRST GRADE COLLEGE YELLAPUR-581359 6) THE PRINCIPAL GOVT FIRST GRADE COLLEGE HUBBALLI-580001 - 6 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 7) THE PRINCIPAL GOVT FIRST GRADE COLLEGE RAJ NAGAR, HUBBALI-580032 8) THE PRINCIPAL GOVT FIRST GRADE COLLEGE YELLAPUR-581359 9) THE PRINCIPAL GOVT FIRST GRADE COLLEGE KUMTA 10) THE PRINCIPAL GOVT FIRST GRADE WOMEN’S COLLEGE KARWAR-581301 11) THE PRINCIPAL GOVT FIRST GRADE COLLEGE GADAG-582101 12) THE PRINCIPAL BANKAPUR NADA SHIKSHANA SAMITI GOVT FIRST GRADE COLLEGE BANKAPUR, SHIGGAON HAVERI-581202 13) THE PRINCIPAL GOVT FIRST GRADE COLLEGE HALIYAL-581325 14) THE PRINCIPAL GOVT FIRST GRADE COLLEGE HONNALLI, DAVANGERE-577217 15) THE PRINCIPAL SHRI SIDDESHWAR GOVT FIRST GRADE COLLEGE & PG STUDIES CENTRE NARGUND, GADAG-582207 …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE) - 7 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO : 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION ISSUED BY RESPONDENT NO.2 IN NO.KA SHI.E/NEVI-1/AUA/28/2025-26 DATED 25.6.2025 (ANNEXURE-E) IN RESPECT OF PETITIONERS. 2. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ALLOW THE PETITIONERS TO CONTINUE THEIR SERVICE IN THE RESPONDENT COLLEGES TILL END OF THE ACADEMIC YEAR 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: 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 respondent no.2 in No. KaShiE/NEVI-1/AUA/28/2025-26 dated 25.6.2025 (Annexure-E) in respect of petitioners. 2. Issue a writ in the nature of mandamus directing the respondents to allow the petitioners to continue their service in the respondent colleges till end of the Academic year 2025-26. 3. Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in - 8 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 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 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 circular dated 25.06.2025 issued by respondent No.2 at Annexure-E. - 9 - HC-KAR NC: 2025:KHC-D:10132 WP No. 104413 of 2025 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.: 39