- 1 - HC-KAR NC: 2025:KHC-D:10150 WP No. 104640 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.104640 OF 2025 (S-REG) BETWEEN: 1. SRI. MANJUNATH BARKI S/O SHIVARAYAPPA, AGE: 46 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HEVERI-581 104. 2. KARTHIK D.C. S/O CHIKKNINGAIAH P, AGE: 30 YEARS, OCC: GUEST LECTURER, R/O: RUDRAGOUDA PATIL GOVERNMENT FIRST GRADE COLLEGE, BILAGI, DIST: BAGALKOT-587 1 16. 3. HANAMANTH CHALAWADI S/O LENKEPPA, AGE: 44 YEARS, OCC: GUEST LECTURER, R/O: RUDRAGOUDA PATIL GOVERNMENT FIRST GRADE COLLEGE, BILAGI, DIST: BAGALKOT-5871 16. …PETITIONERS (BY SRI. M. V. HIREMATH., AND SRI. UMESH P.HAKKARAKI., ADVOCATES) AND: 1. UNIVERSITY GRANT COMMISSION, BAHADUR SHA JAFAR MARG, NEW-DELHI-110002 R/BY ITS SECRETARY, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10150 WP No. 104640 of 2025 2. THE STATE OF KARNATAKA, R/BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, BENGALURU-560001. 3. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION & TECHNICAL EDUCATION, SHESHADRI ROAD, BENGALURU-560001. 4. THE JOINT DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, REGIONAL OFFICE, BENGALURU-560001. 5. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581 104. 6. THE PRINCIPAL RUDRAGOUDA PATIL GOVERNMENT FIRST GRADE COLLEGE, BILAGI, DIST: BAGALKOT-58116. …RESPONDENTS (BY SRI.ANOOP G.DESHPANDE., ADVOCATE FOR R1; SRI SHARAD V.MAGADUM., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KASHIE/NEVI- 1/AUA/28/2025-26 DATED 25.06.2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE A AND CIRCULAR BEARING NO.SUMKYE/KASHIE/NEVI-1/AUA/99/2024-25 DATED 02.01.2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A1. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS / DIRECTING THE RESPONDENTS TO HOLD THE M.PHIL./MASTER DEGREE QUALIFICATION POSSESSED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSORS/ LECTURERS AS MENTIONED AT REGULATIONS NO.4.0 OF UGC REGULATIONS 2018 AND - 3 - HC-KAR NC: 2025:KHC-D:10150 WP No. 104640 of 2025 C) HOLD THE ACTION OF THE RESPONDENTS IN DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL/MASTER DEGREE QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET/SLET/PH.D, QUALIFICATION, AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR/LECTURE AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND D) TO DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL./MASTER DEGREE QUALIFICATION OBTAINED PRIOR TO 11.07.2009 AS PER UGC REGULATIONS 2018, IS THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE PASSED NET/SLET/PH.D, EXAMINATION AND EXTEND ALL THE BENEFITS WHICH ENTITLED TO ON OR PAR WITH THEM AND E) 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. THIS PETITION IS COMING ON FOR ORDER, 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: a) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no. kashie/nevi-1/aua/28/2025-26 dated 25.06.2025 issued by the 3rd respondent vide annexure a and circular bearing no.sumkye/kashie/nevi- 1/aua/99/2024-25 dated 02.01.2025 issued by the respondent no.3 vide annexure-a1. b) Issue a writ in the nature of mandamus / directing the respondents to hold the M.phil./master degree qualification possessed by the petitioners prior to 11.07.2009 as eligible to hold the post of assistant professors/ lecturers as mentioned at regulations No.4.0 Of UGC regulations 2018 and - 4 - HC-KAR NC: 2025:KHC-D:10150 WP No. 104640 of 2025 c) Hold the action of the respondents in declaring the petitioners who have possessed only M.phil/master degree qualification prior to 11.07.2009 without Net/Slet/Ph.D, qualification, as ineligible to hold the post of assistant professor/lecture as arbitrary, illegal and not sustainable in the eye of law and d) To direct the respondents to consider the M.Phil./master degree qualification obtained prior to 11.07.2009 as per UGC regulations 2018, is the qualification on par with the candidates who have passed NET/SLET/PH.D, examination and extend all the benefits which entitled to on or par with them and e) 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. Learned High Court Government Pleader for respondents – State submits that if the petitioners were to hold M.Phil qualification even prior to 11.07.2009, they would be held eligible for the post of the Assistant Professors/Lecturers 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 - 5 - HC-KAR NC: 2025:KHC-D:10150 WP No. 104640 of 2025 Education) Regulations, 2018 (for short ‘UGC Regulations, 2018’) for consideration of appointment as guest lecturers infurtherance of the notification dated 02.01.2025. 3. The said submission of learned High Court Government Pleader answers the grievance of the petitioners. 4. With the above observation, the petition stands disposed of. 5. Needless to say, until the process of fresh recruitment is completed, the petitioners cannot be relieved from their post held as on today. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 2 Sl No.: 57