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2025 DAILYLAW 53505 (KAR)

SRI SATYANARAYAN MIRAJKAR S/O LAXMAN v. THE PRINCIPAL SECRETARY

WP/105296/2025 · 2025-08-04

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105296 OF 2025 (S-RES) BETWEEN: 1. SRI SATYANARAYN L. MIRAJKAR AGE: 40 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE AND PG CENTRE, DHARWAD-580001. R/O. BYAHATTI, TQ. DHARWAD. 2. CHANDANA S. AGE: 39 YEARS, OCC. GUEST LECTURER, SSA GOVT. FIRST GRADE COLLEGE, BALLARI, R/O. BYAHATTI, TQ. DHARWAD. 3. C.M. KALAKERI AGE: 52 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE AND PG CENTRE, DHARWAD, R/O. NEARVENKATESHWAR TEMPLE, MALAMADDI, DHARWAD. 4. DASHARAT SHINGI AGE: 42 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE DHARWAD FOR WOMEN, R/O. NEARVENKATESHWAR TEMPLE, MALAMADDI, DHARWAD. 5. M S KUSUGAL AGE: 57 YEARS, OCC. GUEST LECTURER, SIDDESWAR GOVT. FIRST GRADE COLLEGE AND PG STUDY CENTRE, NARAGUND, KASABAOLD BENNI SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 11:58:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 of 2025 BAZAAR, NARAGUND-582207. 6. SUJATA HUNDEKAR AGE: 34 YEARS, OCC. GUEST LECTURER, SIDDESWAR GOVT. FIRST GRADE COLLEGE AND PG STUDY CENTRE, NARAGUND, R/O. NEAR BUS STOP, KANKANWADI, TQ. RAIBAG, DIST. BELAGAVI-591222. 7. SHANTABAI GANAPATHI IDOORKAR AGE: 59 YEARS, OCC. GUEST LECTURER (COMMERCE DEPT), GOVT. FIRST GRADE COLLEGE KUMATA, R/O. NARGERI ROAD, SHIRWADA, KUMATA, UTTAR KANNADA-581306. 8. SUMA HOLIKATTI AGE: 36 YEARS, OCC. GUEST LIBRARIAN, GOVT. FIRST GRADE COLLEGE, HAVERI (GANDHIPUR) DIST/TQ. HAVERI, R/O. MARUTINAGAR, HAVERI-581110. 9. GANESH JAGAD AGE: 35 YEARS, OCC. GUEST LECTURER, SC/ST RESI. GOVT. FIRST GRADE COLLEGE, KALLIHAL, HAVERI, R/O. MARUTINAGAR, HAVERI-581110. 10. HABIBUNNISA AGE: 32 YEARS, OCC. GUEST LECTURER, SMT. SARALADEVI SATISHCHANDRA AGARWALA, GOVT. FIRST GRADE COLLEGE AUTONOMOUS, BALLARI. R/O. MEGALPETE, HARAPANAHALLI-583131. 11. PARASHURAM RAMU MISALE AGE: 57 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, HALIYAL, R/O. MURKWAD, TQ. HALIYAL, DIST. KARWAR- - 3 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 of 2025 581329. 12. KUM. BISMILLABEGUM M. NADAF AGE: 27 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, HUNAGUND, DIST. BAGALKOTE, R/O. BASAVANAGAR ILKAL, DIST. BAGALKOTE-587125. 13. RESHMA HITTALAMANI D/O. BASAVARAJAPPA, AGE: 33 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, SHIRALAKOPPA, R/O. MEGALPETE, HARAPANAHALLI-583131. 14. RAMZANSA NADAF AGE: 40 YEARS, OCC. GUEST LECTURER, SMYK GOVT. FIRST GRADE COLLEGE, TELASANG, R/O. MEGALPETE, HARAPANAHALLI-583131. …PETITIONERS (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, UNNATA SIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU-560001. 3. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE AND PG CENTRE, DHARWAD-580001. 4. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE FOR WOMEN, DHARWAD-580008. - 4 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 of 2025 5. THE PRINCIPAL SSA GOVT. FIRST GRADE COLLEGE (AUTONOMOUS) DIST. BALLARI-583212. 6. THE PRINCIPAL SIDDESWAR GOVT. FIRST GRADE COLLEGE PG STUDY CENTRE, NARAGUND, DIST. GADAG-582207. 7. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE, KUMTA, DIST. KARWAR-581343. 8. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE, HAVERI (GANDHIPUR) DIST/TQ. HAVERI-581110. 9. THE PRINCIPAL SC/ST RESI. GOVT. FIRST GRADE COLLEGE, KALLIHAL, HAVERI-581110. 10 THE PRINCIPAL SMT. SARALADEI SATISHCHANDRA AGARWALA, GOVT. FIRST GRADE COLLEGE (AUTONOMOUS), BALLARI DISTRICT-583101. 11. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE, HALIYAL, DIST. KARWAR-581329. 12. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE, HUNAGUND, DIST. BAGALKOTE-587118. 13. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE, SHIRALAKOPPA, SHIVAMOGGA DISTRICT-577428. 14. THE PRINCIPAL - 5 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 of 2025 SMYK GOVT. FIRST GRADE COLLEGE, TELASANG, DIST. BELAGAVI-591265. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R14) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO 1. ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION ISSUED BY R2 INVITING THE APPLICATION FOR GUEST LECTURERS NO. KA SHI E/NEVI-1-AUA/28/2025-26 DATED 25/06/2025 VIDE ANNEXURE-B IN RESPECT OF PETITIONERS CONCERNED. 2. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR IN NATURE OF ANY OTHER WRIT DIRECTING THE RESPONDENTS TO ALLOW THE PETITIONER TO CONTINUE HIS SERVICE IN THE RESPONDENT COLLEGES TILL END OF THE A.Y. 2025-26. 3. PASS SUCH ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE THE PETITIONERS SHALL EVERY PRAY AN ACT OF KINDNESS IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioners are before this Court seeking for the following reliefs: 1. Issue writ in the nature of certiorari to quash the impugned notification issued by r2 inviting the application for guest lecturers no. KA Shi E/NEVI-1-AUA/28/2025-26 Dated 25/06/2025 vide Annexure-B in respect of petitioners concerned. - 6 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 of 2025 2. Issue a writ in the nature of Mandamus or in nature of any other writ directing the Respondents to allow the Petitioner to continue his service in the respondent colleges till end of the A.Y. 2025-26. 3. Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case the petitioners shall every pray an act of kindness in the interest of justice and equity. 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: - 7 - HC-KAR NC: 2025:KHC-D:9678 WP No. 105296 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 25.06.2025 bearing No.PÁ²E/£Éë-1/CGD/28/2025-26 issued by respondent No.2 at Annexure-B. 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 SH CT:PA LIST NO.: 1 SL NO.: 36