- 1 - HC-KAR NC: 2025:KHC-D:10117 WP No. 102117 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. 102117 OF 2025 (S-RES) BETWEEN: RAJASHREE S HULGEKAR W/O SHARAD MAYEKAR AGED ABOUT 45 YEARS, OCC. LECTURE R/O #2244, C/O SHYAMSUNDAR P HULGEKAR A, KODIBAG KARWAR 581303, UTTARA KANNADA DISTRICT. …PETITIONER (BY SRI. PRAVEEN TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHAN SOUDHA, BENGALURU 560001, REP. BY ITS SECRETARY. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION SHESHADRI ROAD, BENGALURU 560001. 3. THE UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI 110002 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1 AND R2; ANOOP G. DESHPANDE, ADVOCATE FOR R3) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10117 WP No. 102117 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO HOLD M.PHIL QUALIFICATION ACQUIRED BY THE PETITIONER PRIOR TO 11/7/2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSORS/LECTURERS AS MENTIONED AT REGULATION NO.4.0 OF UGC REGULATION, 2018.B. DECLARING THE PETITIONER 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 EYES OF LAW.C. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL QUALIFICATION OBTAINED BY THE PETITIONERS PRIOR TO 11/7/2009 AT ANNEXURE-C 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. 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: a. Issue a writ in the nature of Mandamus directing the Respondents to hold M.Phil qualification acquired by the Petitioner Prior to 11/7/2009 as eligible to hold the post of Assistant Professors/Lecturers as mentioned at Regulation no.4.0 of UGC Regulation, 2018. - 3 - HC-KAR NC: 2025:KHC-D:10117 WP No. 102117 of 2025 b. Declaring the petitioner 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 eyes of law. c. Direct the respondents to consider the M.Phil qualification obtained by the petitioners prior to 11/7/2009 at Annexure-C 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. 2. Learned High Court Government Pleader for respondents– State submits that if the petitioner was to hold M.Phil qualification even prior to 11.07.2009, she would be held eligible for the post of the Assistant Professor/Lecturer in terms of Regulations No.3.3 and 4.0 of University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (for short ‘UGC Regulations, 2018’) for consideration - 4 - HC-KAR NC: 2025:KHC-D:10117 WP No. 102117 of 2025 of appointment as guest lecturers infurtherance of the notification. 3. The said submission of learned High Court Government Pleader answers the grievance of the petitioner. 4. With the above observation, the petition stands disposed of. 5. Needless to say, until the process of fresh recruitment is completed, the petitioner cannot be relieved from her post held as on today. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 2 Sl No.: 22