- 1 - HC-KAR NC: 2025:KHC-D:10110 WP No. 104704 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. 104704 OF 2025 (S-RES) BETWEEN: RAGUKUMAR S/O SUBHAS DEVARAR AGE: 32 YEARS, OCC. GUEST TEACHER, R/O. DASANAKOPPA TALUK, SIRSI. …PETITIONER (BY SRI. B N MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF MINORITY WELFARE VIKAS SOUDHA BUILDING BENGALURU 560001. 2. THE DIRECTOR DIRECTORATE OF MINORITIES 16 C MILLERS TANK BED ROAD, VASANTNAGAR, BENGALURU 560001. 3. THE DISTRICT OFFICER DEPARTMENT OF MINORITIES HAVERI 581110. 4. THE PRINCIPAL MINORITY MORARJI DESAI GOVT. PRE UNIVERSITY RESIDENCTIAL COLLEGE HAVERI DIST. HAVERI 581110 …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND R2, R3-NOTICE SERVED) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10110 WP No. 104704 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, 06.05.2025 QUASHING NOTIFICATION DATED BEARING NO. ASAM.NI/ADALITA/AUSHI/CR-08/2025-26 DTD DTD 9.05.2025 ISSUED BY THE RESPONDENT NO. 2 AS PER ANNEXURE C AS ILLEGAL AND VOID II. ISSUE A WRIT OF MANDAMUS AND DECLARE THAT THE ACTION OF THE RESPONDENT IN CALLING FOR FRESH NOTIFICATION FOR THE APPOINTMENT OF GUEST LECTURERS FOR THE NEXT ENSUING YEAR, AS CONTRARY TO LAW DECLARED IN MANISH GUPTA AND ANOTHER V/S PRESIDENT JAN BHAGIDARI SAMITHI AND OTHER VIDE ANNEXURE B. III. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DISCONTINUE THE SERVICES OF THE PETITIONERS AS GUEST TEACHERS/ LECTURERS TILL THE REGULAR APPOINTMENTS ARE MADE TO THE SAID POSTS AS PER ANNEXURE D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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: I. Issue a writ of certiorari or any other writ, order or direction, 06.05.2025 quashing notification dated bearing no. ASam.ni/adalita/aushi/cr-08/2025-26 dtd 9.05.2025 issued by the respondent no. 2 as per annexure c as illegal and void. II. Issue a writ of mandamus and declare that the action of the respondent in calling for fresh notification for the appointment of guest - 3 - HC-KAR NC: 2025:KHC-D:10110 WP No. 104704 of 2025 lecturers for the next ensuing year, as contrary to law declared in Manish Gupta And Another V/S President Jan Bhagidari Samithi and other vide Annexure B. III. Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest teachers/ lecturers till the regular appointments are made to the said posts as per Annexure D. 2. The grievance of the petitioner is that, despite rendering continuous service as Guest Teacher for many years, his case for regularisation has not been considered by the respondents. It is submitted that if his service was 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 petitioner. Under such circumstances, the petitioner ought to have been considered for regularisation of the services of the petitioner, so long as he satisfy all other requirements, and after that for the remaining - 4 - HC-KAR NC: 2025:KHC-D:10110 WP No. 104704 of 2025 vacancies the respondents counsel have proceeded with a fresh recruitment process. 4. In light of the above observations, the following order is passed: ORDER i) The writ petition is allowed. ii) Respondents are directed to continue the services of the petitioner as Guest Teacher until the process of regularization is duly considered in accordance with law. iii) The respondents are further directed to consider the case of the petitioner for regularization, subject to his eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. - 5 - HC-KAR NC: 2025:KHC-D:10110 WP No. 104704 of 2025 iv) All pending interlocutory applications, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 2 Sl No.: 14