- 1 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 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. 104851 OF 2025 (S-RES) BETWEEN: 1. SHRI.GANESH S NAYAK, S/O. SHRINIVAS, AGED ABOUT 34 YEARS. W/AS. GUEST FACULTY, AT- GOVERNMENT FIRST GRADE COLLEGE, GOKAK-591307 R/AT: H.NO.81/A, NEAR MAHALINGESHARA TEMPLE KILLA, GOKAK DIST-BELAGAVI-591308. 2. SHRI. MAHESH B HOSAMANI, S/O. BAGALEPPA, AGED ABOUT, 45 YEARS, W/AS. GUEST FACULTY, AT- GOVERNMENT FIRST GRADE COLLEGE, GOKAK-591307 R/AT: H.NO.184/3A, VIVEKANAND NAGAR, 8TH CROSS, GOKAK, DIST-BELAGAVI-591309. 3. SMT.PARVEEN GORESAB TIGADI, D/O.GORESAB, AGED ABOUT 48 YEARS, W/AS. GUEST FACULTY, AT- GOVERNMENT FIRST GRADE COLLEGE, GOKAK-591307 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 of 2025 R/AT: AMBIGER GALLI, GOKAK, DIST-BELAGAVI-591307. 4. SMT.POOJA M DONWADE, D/O.MALLAPPA, AGED ABOUT 35 YEARS, W/AS. GUEST FACULTY, AT- GOVERNMENT FIRST GRADE COLLEGE, GOKAK-591307 R/AT:C/O.MALLAPPA DONWADE, NEAR RAILWAY STATION, AT-PO-GHATAPRABHA, TQ-GOKAK, DIST-BELAGAVI-591306. 5. SMT.SHRUTI RAMESH KAMBLE, D/O.RAMESH, AGED ABOUT 30 YEARS, W/AS. GUEST FACULTY, AT- GOVERNMENT FIRST GRADE COLLEGE, GOKAK-591307 R/AT.HALYAL, TQ-ATHANI, BELAGAVI DISTRICT. 6. SMT.NAMITA VASTRADMATH, D/O.RACHAYYA, AGED ABOUT 44 YEARS W/AS. GUEST FACULTY, AT- GOVERNMENT FIRST GRADE WOMEN COLLEGE, JAMKHANDI-587301 R/AT.CTC.NO.5208, B/32/B, PRABHA NAGAR, OPP-APMC(NORTH GATE) JAIN BASADI ROAD, JAMAKHANDI, DIST-BAGALKOT-587301 7. SHRI.UMESH KANOJANAVAR, S/O.MALLAPPA, AGED ABOUT 40 YEARS, W/AS. GUEST FACULTY, AT-GOVERNMENT FIRST GRADE COLLEGE, PASCHAPUR, - 3 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 of 2025 R/AT.YOGIKOLLA ROAD, 1ST CROSS, NEAR POST OFFICE, GOKAK, DIST-BELAGAVI. …PETITIONERS (BY SRI. UPADHYE ARAVIND DEVENDRE, ADVOCATE) 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, AT- GOVERNMENT FIRST GRADE COLLEGE, GOKAK-591307. TQ-GOKAK, DIST-BELAGAVI-591307. 5. THE PRINCIPAL, AT- GOVERNMENT FIRST GRADE WOMEN COLLEGE, JAMKHANDI-587301, DIST-BAGALKOT-587301. 6. THE PRINCIPAL, AT- GOVERNMENT FIRST GRADE COLLEGE, PASCHAPUR. - 4 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 of 2025 TQ-HUKKERI, DIST-BELAGAVI-591307. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE NOTIFICATION BEARING NO. KaShiE/NEVI- 1/AUA/28/2025-26/DATED 25.06.2025 AT ANNEXURE-K ISSUED BY THE 2ND RESPONDENT AS THE SAME IS ILLEGAL, ARBITRARY AND VIOLATION OF ARTICLE 14,16 AND 21 OF THE CONSTITUTION OF INDIA.C. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO ALLOW THE PETITIONER CONTINUE THEIR SERVICE IN RESPECTIVE 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 FACULTIES FOR THE NEXT ENSUING YEARS ARE CONTRARY TO THE LAW DECLARED IN MANISH GUPTA AND ANOTHER VS. PRESIDENT JAN BHAGIDARI SAMITHI (ANNEXURE-M).D. DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONERS BY CONSIDERING THE LENGTHY OF SERVICES SERVED IN THE SAME DEPARTMENT 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, 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: - 5 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 of 2025 a. Issue a writ of certiorari or any other appropriate writ, order quashing the notification bearing no. KaShiE/NEVI-1/AUA/28/2025-26/dated 25.06.2025 at Annexure-K 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 petitioner continue their service in respective 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 faculties for the next ensuing years are contrary to the law declared in MANISH GUPTA AND ANOTHER VS. PRESIDENT JAN BHAGIDARI SAMITHI (ANNEXURE-M). c. direct the respondents to regularize the services of the petitioners by considering the lengthy of services served in the same department 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 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 - 6 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 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-K. 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. - 7 - HC-KAR NC: 2025:KHC-D:10113 WP No. 104851 of 2025 v. Pending I.A. stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 2 Sl No.: 18