- 1 - HC-KAR NC: 2025:KHC-D:10240 WP No. 105012 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.105012 OF 2025 (S-RES) BETWEEN: 1. MANJUNATHASWAMI BISALALLI S/O GANGAYYA AGE: 36 YEARS OCC: GUEST LECTURER MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE ISLAMPUR ONI NEAR CHURCH BYADGI-HAVERI R/O MARUTINAGAR HAVERI 2. SMT NASEEM BANU ATTAR AGE: 34 YEARS OCC: GUEST LECTURER MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE ISLAMPUR ONI NEAR CHURCH BYADGI-HAVERI R/O MARUTINAGAR HAVERI 3. BIBIHALIMA SARKHAJI AGE: 32 YEARS OCC:: GUEST LECTURER MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE KARAJAGI R/O MARUTINAGAR HAVERI 4. SHAKUNTALA D/O NEELAPPA HURALIKUPPI AGE 27 YRS, OCC GUEST TEACHER AT DR. A. P. J ABDUL KALAM RESIDENTIAL SCHOOL AKKURU.DT/TQ HAVERI 5. AYISHABANU D/O MAHABUBSAB DHALAYAT AGE 35 YERARS GUEST TEACHER AT APJ ABDUL KALAM RECIDENCY SCHOOL/ COLLEGE AKKUR TQ- HAVERI D- HAVERI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10240 WP No. 105012 of 2025 6. JEENAT KOUSUR JAMKHANDI MAULANA AZAD MODEL SCHOOL. NUMBER.01 NAVANAGAR D.T BAGALKOT 7. MOUNESH S/O LACHAMAPPA AGE: 36 OCC: GUEST TEACHER MINORITY MORARJI DESAI RESIDENTIAL SCHOOL SINDHANUR R/O POST NELOGAL TQ: DT: HAVERI 581110 PETITIONERS 8. VENKATESH ALIAS VENKAPPA S/O DURGAPPA AGE: 42 GUEST LECTURER MINORITY MORARJI DESAI RESIDENTIAL SCHOOL SINDHANUR R/O POST NELOGAL TQ: DT: HAVERI 581110 9. SANJEEV BANASODE AGE: 36 YEARS GUEST TEACHER VIJAYAPURA 586122 MINORITY MORARJI DESAI RESIDENTIAL SCHOOL MANAGULI, R/O POST NELOGAL TQ: DT: HAVERI 581110 10. JABBARALI M KAVARE AGE 37 YEARS OCC: GUEST TEACHER MINORITY MORARJI DESAI RESIDENTIAL SCHOOL, MANAGULI DIST: VIJAYAPURA R/O POST NELOGAL TQ: DT: HAVERI 581110 …PETITIONERS (BY SRI. B N MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF MINORITY WELFARE VIKAS SOUDHA. BUILDING, - 3 - HC-KAR NC: 2025:KHC-D:10240 WP No. 105012 of 2025 BENGALURU 560001 2. THE DIRECTOR DIRECTORATE OF MINORITIES 16C MILLERS TANK BED ROAD, VASANTNAGAR BENGALURU 560001 3. THE DISTRICT OFFICER, DEPARTMENT OF MINORITIES, HAVERI 58 1 110. 4. THE DISTRICT OFFICER, DEPARTMENT OF MINORITIES, BAGALKOT. 587101 5 THE DISTRICT OFFICER, DEPARTMENT OF MINORITIES, RAICHUR DIST 584101 6. THE DISTRICT OFFICER, DEPARTMENT OF MINORITIES, VIJAYPUR DIST 586101 7.THE PRINCIPAL MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE ISLAMPUR ONI NEAR CHURCH BYADGI-HAVERI 581106 8. THE PRINCIPAL MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE KARAJAGI HAVERI 58 1110 9. THE HEAD MASTER AT APJ ABDULKALAM RECIDENCY SCHOOL/ COLLEGE AKKUR TQ- HAVERI D- HAVERI 58 1110 10. THE HEAD MASTER MAULANA AZAD MODEL SCHOOL. NUMBER.01 NAVANAGAR DT BAGALKOT 587101 11. THE PRINCIPAL MINORITY MORARJI DESAI RESIDENTIAL SCHOOL SINDHANUR DIST RAICHUR 584101 - 4 - HC-KAR NC: 2025:KHC-D:10240 WP No. 105012 of 2025 12. THE HEAD MASTER MINORITY MORARJI DESAI RESIDENTIAL SCHOOL, MANAGULI DIST VIJAYPUR 586101 …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING CIRCULAR DATED. BEARING NO. ASAM.NI/ADALITA/AUSHI/CR-08/2025-26 DTD. DTD. 9.05.2025 ISSUED BY THE RESP. NO. 2 AS PER ANNEXURE-C AS ILLEGAL AND VOID. (II)ISSUE A WRIT OF MANDAMUS AND DECLARE THAT THE ACTION OF THE RESPONDENTS IN CALLING FOR FRESH CIRCULAR 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 OTHERS VIDE ANNEXURE-B(III)ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DISCONTINUE THE SERVICES OF THE PETITIONERS AS GUEST LECTURERS TILL THE REGULAR APPOINTMENTS ARE MADE TO THE SAID POSTS AS PER ANNEXURE D. 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: I) Issue a writ of certiorari or any other writ, order or direction, quashing circular dated. bearing no. - 5 - HC-KAR NC: 2025:KHC-D:10240 WP No. 105012 of 2025 Asam.ni/adalita/aushi/cr-08/2025-26 dtd. dtd. 9.05.2025 issued by the Resp. no. 2 as per Annexure-C as illegal and void. II) Issue a writ of mandamus and declare that the action of the respondents in calling for fresh circular 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 others vide Annexure-B. III) Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest lecturers till the regular appointments are made to the said posts as per Annexure D. 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: - 6 - HC-KAR NC: 2025:KHC-D:10240 WP No. 105012 of 2025 ORDER i. Writ petition is partly allowed. ii. The petitioners are permitted to participate in the recruitment process in terms of the circular dated 09.05.2025 issued by respondent No.2 at Annexure-C. 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.: 61