SRI. KRISHNA BEERA GOUDA S/O BEERA GOUDA v. THE STATE OF KARNATAKA
WP/102928/2025 · 2025-08-12
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53739 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53739 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10147 WP No. 102928 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. 102928 OF 2025 (S-RES)
BETWEEN:
1.
SRI. KRISHNA BEERA GOUDA S/O BEERA GOUDA AGE. 38 YEARS PRESENTLY WORKING AS GUEST LECTURER DEPARTMENT OF HISTORY GOVERNMENT FIRST GRADE COLLEGE, POOJAGERI ANKOLA UTTARA KANNADA-581353.
2.
SRI GANGADHAR NAIK S/O TAKKU NAIK AGE. 36 YEARS PRESENTLY WORKING AS GUEST LECTURER DEPARTMENT OF KANNADA GOVERNMENT FIRST GRADE COLLEGE, POOJAGERI ANKOLA UTTARA KANNADA-581353. …PETITIONERS (BY SRI. PRANAV UMESH BADAGI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF COLLEGIATE EDUCATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU-560001.
2.
THE COMMISSIONER OF COLLEGIATE EDUCATION,
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10147 WP No. 102928 of 2025
SHESHADRI ROAD, BENGALURU-560001.
3.
THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BENGALURU-560001.
4.
THE UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAI MARG NEW DELHI-110002 REPRESENTED BY ITS SECRETARY.
5.
THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE POOJAGERI ANKOLA TALUK UTTARA KANNADA DISTRICT-581353.
…RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R3 AND R5; ANOOP DESHPANDE, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLE 226 CONSTITUTION OF INDIA I) ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE GOVERNMENT ORDER DATD. 02.01.2025 BEARING NO. KA Shi E.NEVI- 1/Auaa/99/2024-25 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-D AND ALL FURTHER PROCEEDINGS. II) ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT STATE WHO EVOLVE A MECHANISM TO PROTECT THE INTEREST OF THE GUEST LECTURERS AND TO APPOINT THEM AND CONTINUE ON REGULAR BASIS AS PERMANENT EMPLOYEES CONSIDERING THE PREVIOUS LONGSTANDING SERVICE AND EXPERIENCE, III) TO PAS SUCH OTHER ORDERS OR DIRECTIONS AS THIS HON BLE COURT DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING AN ORDER AS TO THE COST OF THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
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HC-KAR NC: 2025:KHC-D:10147 WP No. 102928 of 2025
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: i) Issue writ, order or direction in the nature of certiorari quashing the government order datd. 02.01.2025 bearing no. KA Shi E/NEVI- 1/AUAA/99/2024-25 issued by the first respondent vide Annexure-D and all further proceedings.
ii) Issue writ, Order or Direction in the nature of mandamus, directing the respondent state who evolve a mechanism to protect the interest of the guest lecturers and to appoint them and continue on regular basis as permanent employees considering the previous longstanding service and experience,
iii) To pass such other orders or directions as this Hon’ble court deems fit in the facts and circumstances of the case including an order as to the cost of this writ petition, 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.
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HC-KAR NC: 2025:KHC-D:10147 WP No. 102928 of 2025
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. ii. The petitioners are permitted to participate in the recruitment process in terms of the notification dated 02.01.2025 issued by respondent No.1 at Annexure-D. iii. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post.
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HC-KAR NC: 2025:KHC-D:10147 WP No. 102928 of 2025
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.: 54