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2025 DAILYLAW 53594 (KAR)

DEVARAJ NAYAK v. THE STATE OF KARNATAKA

WP/104193/2025 · 2025-08-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 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. 104193 OF 2025 (S-REG) BETWEEN: 1. DEVARAJ NAYAK AGE: 37 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR-587103, TQ AND DIST: BAGALKOTE. 2. MADHUSUDAN RANGARAO.A AGE: 40 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 3. MOHAMMAD RIYAZ MOHAMMAD AKBAR HUSEN AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 4. GUNDAPPA AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 5. ANNAPURNA SHIVAYYA AGE: 48 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 6. H.MUTTAMMA D/O H.HONNAPPA AGE: 32 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 7. ASMA PARVEEN NAZEERUDDIN AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 8. SYEDA SAHERA BEGUM YUSUF ALI AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 9. MEGHANA D/O BASANAGOUDA.M AGE: 30 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 10. PRAJWAL KIRAN AGE: 37 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 11. A.N.VENKATESH NAYAK AGE: 36 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 12. SNEHA CHETTI AGE: 41 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, - 3 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 13. JYOTI JINDAPPA AGE: 26 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG, TQ AND DIST: GADAG-582101 14. JUVERIYA BEGUM.L. AGE: 38 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, SHAHAPUR-585223, TQ: SHAHAPUR, DIST: YADGIR. R/O GADAG, TQ AND DIST: GADAG-582101 15. VIDYASHREE.V AGE: 30 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, SHAHAPUR-585223, TQ: SHAHAPUR, DIST: YADGIR. R/O GADAG, TQ AND DIST: GADAG-582101 16. RAGHAVENDRA.G.KULKARNI AGE: 37 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR-587103, TQ AND DIST: BAGALKOTE. 17. PRABHAVATI.S.PATIL AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAVANAGAR-587103, TQ AND DIST: BAGALKOTE. 18. VENKAPPA NAIK S/O NIMBAYYA NAIK AGE: 40 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, PUTTUR-574201, TQ: PUTTUR, DIST: DAKSHINA KANNADA. R/O GADAG, TQ AND DIST: GADAG-582101 19. ROOPA.S.GOUDA AGE: 40 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE ARTS AND SCIENCE COLLEGE, - 4 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 KARWAR-581301, TQ: KARWAR, DIST: UTTARA KANNADA. 20. MIRZA HAJI BAIG AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE WOMEN’S COLLEGE, BIDAR-585401, TQ AND DIST: BIDAR, R/O GADAG, TQ AND DIST: GADAG-582101 21. ANITA.V.CHORAGATTI AGE: 33 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 22. CHANNABASAVVA BASANAKOPPA AGE: 36 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 23. SHARANABASAVA KOKATI AGE: 39 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 24. SURENDRA PUNDALEEK DHALE AGE: 49 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 25. CHANDRAKANT.B.KALYANI AGE: 49 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAIBAG-591317, TQ: RAIBAG, DIST: BELAGAVI. 26. BHARATESH.N.ASKI AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. 27. NAGAPPA.K.NAIK AGE: 50 YEARS, OCC: GUEST LECTURER AT - 5 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 GOVT FIRST GRADE COLLEGE, RAIBAG-591317, TQ: RAIBAG, DIST: BELAGAVI. 28. SWETHA.M AGE: 38 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE WOMEN’S COLLEGE, BAGALKOTE-587101, TQ AND DIST: BAGALKOTE. 29. RAMESH.M.HATTI AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAMADURG-591123 TQ: RAMADURG, DIST: BELAGAVI. 30. MALLIKARJUN.P.ANGADI AGE: 40 YEARS, OCC: GUEST LECTURER AT SHRI.C.M.PANCHAKATTIMATH GOVT FIRST GRADE COLLEGE, LOKAPUR-587122 TQ: MUDHOL, DIST: BAGALKOTE. 31. ABUBAKAR.D.HORATTI AGE: 36 YEARS, OCC: GUEST LECTURER AT SHRI.C.M.PANCHAKATTIMATH GOVT FIRST GRADE COLLEGE, LOKAPUR-587122 TQ: MUDHOL, DIST: BAGALKOTE. 32. SHIVALEELA.R.GOLANNAVAR AGE: 35 YEARS, OCC: GUEST LECTURER AT SHRI.SIDDESHWAR GOVT FIRST GRADE COLLEGE, NARGUND-582207 TQ: NARGUND, DIST: GADAG. 33. BASAVARAJ S/O MALLIKARJUNA AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE WOMEN’S COLLEGE, KOPPAL-583231 TQ AND DIST: KOPPAL. 34. POORNIMA M.N.K D/O KRISHNAMURTHY.M.N AGE: 39 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, THIRTHAHALLI-577432 TQ: THIRTHAHALLI, DIST: SHIVAMOGGA. - 6 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 R/O GADAG, TQ AND DIST: GADAG-582101 35. MANJUSHA.R.ANGADI AGE: 38 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE ARTS AND COMMERCE COLLEGE, BANKAPUR-581202, TQ: SHIGGAON DIST: HAVERI. 36. SHILPA.R.GUGAWAD AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE & PG CENTRE, DHARWAD-580008, TQ AND DIST: DHARWAD. 37. SMT.SHABEENA MULAGUND AGE: YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE ARTS AND COMMERCE COLLEGE, BANKAPUR-581202, TQ: SHIGGAON DIST: HAVERI. 38. MAHASHARABI.A.CHOUGALA AGE: 38 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE & PG CENTRE, DHARWAD-580008, TQ AND DIST: DHARWAD. 39. JAYASHRI.B.HANCHINMANI AGE: 40 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, SADALAGA-591239, TQ: CHIKKODI DIST: BELAGAVI. 40. MANOHAR MADAR AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, CHIKODI-591201, TQ: CHIKKODI DIST: BELAGAVI. 41. SUNANDA MALLAPPA PATAT AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KHANAPUR-591302, TQ: KHANAPUR, DIST: BELAGAVI. - 7 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 42. GAJANAN.B.GOUDA AGE: 39 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KUMTA-581343, TQ: KUMTA, DIST: UTTARA KANNADA. 43. HANUMANT NARAYAN NAIK AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, KUMTA-581343, TQ: KUMTA, DIST: UTTARA KANNADA. 44. RAJU.S.NAIK AGE: 48 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, MANKI HONNAVAR-581348, TQ: HONNAVAR, DIST: UTTARA KANNADA. 45. PARAVVA BASAPPA KARADIGUDDI AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE WOMENS COLLEGE, BAILHONGAL BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 46. RAJENDRA.B.KADANNAVAR AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, THIRTHAHALLI-577432 TQ: THIRTHAHALLI, DIST: SHIVAMOGGA. R/O GADAG, TQ AND DIST: GADAG-582101 47. FADIGOUDA.B.DODDAGOUDRA AGE: 36 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, DHARWAD-580008, TQ AND DIST: DHARWAD. 48. POORNIMA.KANTEPPAGOUDAR AGE: 39 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, DHARWAD-580008, TQ AND DIST: DHARWAD. - 8 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 49. SAVITA.R.PATIL AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 50. SHRI.MD.PARVEZ AHMED AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, NAUBAD, BIDAR-585401, TQ AND DIST: BIDAR. R/O GADAG, TQ AND DIST: GADAG-582101 51. SMT.USHA CHINNAPPA KATTIMANI AGE: 50 YEARS, OCC: GUEST LECTURER AT SHRI.C.M.MAMANI GOVERNMENT FIRST GRADE COLLEGE, YARAGATTI-591129, TQ: YARAGATTI, DIST: BELAGAVI. 52. CHANDRASHEKHAR.K.GUND AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 53. SATYADEEP.B.R AGE: 42 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, THIRTHAHALLI-577432 TQ: THIRTHAHALLI, DIST: SHIVAMOGGA. R/O GADAG, TQ AND DIST: GADAG-582101 54. BASAVARAJ IRAPPA DAVAGI AGE: 54 YEARS, OCC: GUEST LECTURER AT SMT.G.B.ANKALKOTTI GOVT FIRST GRADE COLLEGE, SHIGGAON-581205, TQ: SHIGGAON, …PETITIONERS (BY SRI. PRUTHVI K S,ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY ITS PRL.SECRETARY DEPT.OF EDUCATION (HIGHER EDUCATION), - 9 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 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 WOMEN’S COLLEGE, BAGALKOTE, BAGALKOTE-587101, TQ AND DIST: BAGALKOTE. 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE-587103, TQ AND DIST: BAGALKOTE. 6. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, KUMTA, KUMTA-581343, TQ: KUMTA, DIST: UTTARA KANNADA. 7. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, SHAHAPUR, SHAHAPUR-585223, TQ: SHAHAPUR, DIST: YADGIR. 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, MANKI,-581348 TQ: HONNAVAR, DIST: UTTAR KANNADA. 9. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, RAIBAG, RAIBAG-591235, TQ: RAIBAG, DIST: BELAGAVI. 10. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, ATHANI, - 10 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. 11. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 12. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BANKAPUR, TQ: SHIGGAON-581202, DIST: HAVERI. 13. THE PRINCIPAL SMT.I.S.YADWAD GOVT FIRST GRADE COLLEGE, RAMADURG-591123, TQ: RAMADURG, DIST: BELAGAVI. 14. THE PRINCIPAL SHRI.C.M.PANCHAKATTIMATH GOVT FIRST GRADE COLLEGE, LOKAPUR-587122 TQ: MUDHOL, DIST: BAGALKOTE. 15. THE PRINCIPAL SHRI.SIDDESHWAR GOVT FIRST GRADE COLLEGE, NARGUND-582207 TQ: NARGUND, DIST: GADAG. 16. THE PRINCIPAL GOVT FIRST GRADE WOMEN’S COLLEGE, KOPPAL-583231, TQ AND DIST: KOPPAL. 17. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, THIRTHAHALLI-577432, TQ: THIRTHAHALLI, DIST: SHIVAMOGGA. 18. THE PRINCIPAL GOVT FIRST GRADE COLLEGE & PG CENTRE, DHARWAD-580008, TQ AND DIST: DHARWAD. 19. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, SADALAGA-591239, TQ: CHOKKODI, DIST: BELAGAVI. - 11 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 20. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, CHIKKODI-591201, TQ: CHOKKODI, DIST: BELAGAVI. 21. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, KHANAPUR-591302, TQ: KHANAPUR, DIST: BELAGAVI. 22. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. 23. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 24. THE PRINCIPAL GOVT FIRST GRADE WOMEN’S COLLEGE, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 25. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, SHRI.C.M.MAMANI GOVERNMENT FIRST GRADE COLLEGE, YARAGATTI-591129, TQ: YARAGATTI, DIST: BELAGAVI. 26. THE PRINCIPAL GOVT FIRST GRADE ARTS AND SCIENCE COLLEGE, KARWAR-581301, TQ: KARWAR, DIST: UTTARA KANNADA. 27. THE PRINCIPAL GOVT FIRST WOMEN’S COLLEGE, PUTTUR-574201, TQ: PUTTUR, DIST: DAKSHINA KANNADA. - 12 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 28. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. 29. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BIDAR-585401, TQ AND DIST: BIDAR. 30. THE PRINCIPAL SMT.G.B.ANKALKOTTI GOVT FIRST GRADE COLLEGE, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R2, R4 TO R30; ANOOP G. DESHPANDE, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 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 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 - 13 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 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 HONBLE 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. 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: 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- - 14 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 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.Das ineligible to hold 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 - 15 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 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 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: ORDER i. Writ petition is partly allowed. - 16 - HC-KAR NC: 2025:KHC-D:10130 WP No. 104193 of 2025 ii. The petitioners are permitted to participate in the recruitment process in terms of the circulars dated 02.01.2025, 25.04.2025 and 25.06.2025 issued by respondent No.2 at Annexures-B, C and D respectively. 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.: 37