- 1 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 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. 104314 OF 2025 (S-REG) BETWEEN: 1. ROOPA SHAVI AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, ILAKAL TQ: ILAKAL, DIST: BAGALKOT-587125 2. GAYATRI L G AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KUMTA TQ: KUMTA, DIST: UTTAR KANNADA-581343 3. PRATIMA VENKATRAMAN NAIK AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KUMTA TQ: KUMTA, DIST: UTTAR KANNADA-581343 4. MUKTHAMBIKA G S AGE: 34 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR BAGALKOT, TQ AND DIST: BAGALKOT-587103 5. PRADEEP J DEASI AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, BIDI TQ: KHANAPUR, DIST: BELAGAVI-591106 6. SHIVALEELA PURADANNAVAR AGE: 40 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE AND PG CENTER, DHARWAD Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 TQ AND DIST: DHARWAD-580008 7. REKHA MARKALLI AGE: 31 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE AND PG CENTER, DHARWAD TQ AND DIST: DHARWAD-580008 8. RAVI PATGAR AGE: 45 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KUMTA TQ: KUMTA, DIST: UTTAR KANNADA-581343. 9. GANESH.K.S AGE: 41 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KUMTA, KUMTA-581343, TQ: KUMTA, DIST: UTTARA KANNADA. 10.SMITA D/O BAPUGOUDA PATIL AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 11.KEERTI KULKARNI AGE: 46 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 12.ASHA SANGAMI AGE: 37 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 13.MAHESH GIDDALLI AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, TAVARAGERA-583279, TQ: KUSTAGI, DIST: KOPPAL . 14.RAGHAVENDRA.B.H AGE: 38 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, TAVARAGERA-583279, - 3 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 TQ: KUSTAGI, DIST: KOPPAL . 15. MAHESHA M S/O K.S.MANJAPPA AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KODACHADRI-577418, TQ: HOSANAGARA, DIST: SHIVAMOGGA. R/O GADAG-582101, TQ AND DIST: GADAG. 16.HANAMAPPA MADAR AGE: 41 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, MAMADAPURA-586170, TQ: BABALESHWARA, DIST: VIJAYAPURA. R/O GADAG-582101, TQ AND DIST: GADAG. 17.VISHALAPPA BHAJENTRI AGE: 41 YEARS, OCC: GUEST LECTURER AT SHRI.JAGADGURU TONTADARYA GOVT FIRST GRADE COLLEGE, MUNDARAGI-582118, TQ: MUNDARGI, DIST: GADAG-582101. 18.IMRAN SALEEM HUNAGUND AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 19. MANJUNATH.M.RATHOD AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 20. DEVENDRA NAIK AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 21. BHAGYASHREE HURAKADLI AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. - 4 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 22. SHARANABASAVA.A.GOUDAR AGE: 36 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 23. AMARESHA KUMBAR AGE: 41 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, ILKAL, TQ: ILKAL-587125, DIST: BAGALKOTE. 24. MAHAMMAD ASHEEF PADEKANUR AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. …PETITIONERS (BY SRI. PRUTHVI K S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY ITS PRL.SECRETARY DEPT.OF EDUCATION (HIGHER EDUCATION), M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER DEPT.OF COLLEGIATE AND TECHNICAL EDUCATION SHESHADRI ROAD, BENGALURU-01. 3. THE UNIVERSITY GRANT COMMISSION (UGC) RPTD BY ITS CHAIRMAN BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. 4. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 6. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, ILKAL, TQ: ILKAL-587125, DIST: BAGALKOTE. - 5 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 7. THE PRINCIPAL SHRI.JAGADGURU TONTADARYA GOVT FIRST GRADE COLLEGE, MUNDARAGI-582118, TQ: MUNDARGI, DIST: GADAG-582101. 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, MAMADAPURA-586170, TQ: BABALESHWARA, DIST: VIJAYAPURA. 9. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, KODACHADRI-577418, TQ: HOSANAGARA, DIST: SHIVAMOGGA. 10. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, TAVARAGERA-583279, TQ: KUSTAGI, DIST: KOPPAL . 11. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, KUMTA, KUMTA-581343, TQ: KUMTA, DIST: UTTARA KANNADA. 12. THE PRINCIPAL GOVT FIRST GRADE COLLEGE AND PG CENTER, DHARWAD TQ AND DIST: DHARWAD-580008 13. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BIDI TQ: KHANAPUR, DIST: BELAGAVI-591106. …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R2 AND R4-R13; ANOOP DESHPANDE, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN - 6 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO.KASHIE/NEVI-1/AOOAA/99/2024- 25 DATED 02.01.2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-B.B) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER BEARING NO.KASHIE/NEVI-1/AOOAA/99/2024-25 DATED 25/4/2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-C.C) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER BEARING NO.KASHIE/NEVI- 1/AOOAA/28/2025-26 DATED 25/6/2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-D.D) ISSUE A WRIT IN THE MANDAMUS BY DIRECTING THE RESPONDENTS TO REGULARIZE THE PETITIONERS WHO HAVE BEEN WORKED FOR MORE THAN 10 YEARS AS GUEST LECTURERS IN THEIR RESPECTIVE COLLEGES IN THE INTEREST OF JUSTICE AND EQUITY.E) DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL QUALIFICATION PRIOR TO 11/7/2009 WITHOUT NET/SLET/PH.D AS INELIGIBLE TO HODL THE POST OF ASSISTANT PROFESSORS/LECTURER FOR THE ACADEMIC YEAR 2024-25 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW.F) DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL QUALIFICATION OBTAINED BY THE PETITIONERS PRIOR TO 11/7/2009 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.G) DIRECT THE RESPONDENT NO.1 AND 2 TO CONTINUE THE PETITIONERS AS GUEST LECTURERS WITHOUT REPLACING THEM BY ANOTHER SET OF GUEST LECTURERS IN TERMS OF THE LAW LAID DOWN BY THE HON BLE HIGH COURT OF KARNATAKA IN PIRSA SING S CASE AND REGULARIZE THE SERVICES OF THE PETITIONERS WHO HAVE IN CONTINUOUS SERVICE FOR MORE THAN 10 YEARS AND EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION.H) DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONERS AS GUEST LECTURERS IN THEIR RESPECTIVE COLLEGES TILL THE COMPLETION OF ACADEMIC YEAR 2025-26, IN THE INTEREST OF JUSTICE AND EQUITY.I) GRANT SUCH OTHER RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND ALLOW THE WRIT - 7 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 PETITION WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no KaShiE/NeVi- 1/AOoAa /99/2024-25 dated 02.01.2025 issued by the respondent no.2 vide Annexure-B. b) Issue a writ in the nature of certiorari by quashing the impugned order bearing no.kashie/nevi- 1/aooaa/99/2024-25 dated 25/4/2025 issued by the respondent no.2 vide Annexure-C. c) Issue a writ in the nature of certiorari by quashing the impugned order bearing no.kashie/nevi- 1/aooaa/28/2025-26 dated 25/6/2025 issued by the respondent no.2 vide Annexure-D. d) Issue a writ in the mandamus by directing the respondents to regularize the petitioners who have been worked for more than 10 years as guest lecturers in their respective colleges in the interest of justice and equity. e) Declaring the petitioners who have possessed only M.Phil qualification prior to 11/7/2009 without NET/SLET/Ph.D as ineligible to hold the post of - 8 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 assistant professors/lecturer for the academic year 2024-25 as arbitrary, illegal and not sustainable in the eye of law. f) Direct the respondents to consider the M.Phil qualification obtained by the petitioners prior to 11/7/2009 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. g) Direct the respondent no.1 and 2 to continue the petitioners as guest lecturers without replacing them by another set of guest lecturers in terms of the law laid down by the Hon’ble High Court of Karnataka in Pirsa Sing’s Case and regularize the services of the petitioners who have in continuous service for more than 10 years and extend all the benefits arising out of the said regularization. h) Direct the respondents to continue the petitioners as guest lecturers in their respective colleges till the completion of academic year 2025-26, in the interest of justice and equity. i) Grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity. 2. The grievance of the petitioners is that, despite rendering continuous service as guest lecturers for more than 10 years, their cases for regularisation - 9 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 have not been considered by the respondents. It is submitted that if their services were 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 petitioners. The petitioners have served for a considerable period, and no material is placed before this Court to show any complaints or adverse remarks with respect to their competency or conduct. 4. Under such circumstances, the petitioners ought to have been considered regularisation of the services of the petitioners, so long as they satisfy all other requirements, and after that for the remaining vacancies, the respondents ought to have proceeded with a fresh recruitment process. - 10 - HC-KAR NC: 2025:KHC-D:10099 WP No. 104314 of 2025 5. In light of the above observations, the following order is passed: ORDER I. The writ petition is partly allowed. II. Respondents are directed to continue the services of the petitioners as guest lecturers until the process of regularization is duly considered and concluded, in accordance with law. III. The respondents are further directed to consider the case of the petitioners for regularization, subject to their eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. IV. All pending interlocutory applications, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 2 Sl No.: 9