- 1 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 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.104971 OF 2025 (S-REG) BETWEEN: 1. PRADEEP S/O VEERABHADRAPPA PALLED AGE: 40 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, ALAVANDI, KOPPAL-583226, TQ AND DIST: KOPPAL. 2. RAGHAVENDRA S/O NINGAPPA AGE: 32 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, ALAVANDI, KOPPAL-583226, TQ AND DIST: KOPPAL. 3. JUBEDA BEGUM D/O MD.IBRAHIM B AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, SEDAM-585222, TQ: SEDAM, DIST: KALABURAGI. R/O: GADAG TQ AND DIST: GADAG-582101 4. RUBEENA BEGUM D/O BASHEERUDDIN AGE: 38 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, SHORAPUR-585224 TQ: SHORAPUR, DIST: YADGIRI. R/O: GADAG TQ AND DIST: GADAG-582101 5. HANUMANTHAPPA S/O SAYAPPA AGE: 42 YEARS, OCC: GUEST LECTURER AT SC/ST RESIDENTIAL GOVT FIRST GRADE COLLEGE, MUDNAL, YADGIRI-585202, TQ AND DIST: YADGIRI. 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:10135 WP No. 104971 of 2025 6. IMTIAZ QURRAT FATIMA AGE: 35 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, AFZALPUR-585301, TQ: AFZALPUR, DIST: KALABURAGI. R/O: GADAG TQ AND DIST: GADAG-582101 7. SHIVARAJ P AGE: 44 YEARS, OCC: GUEST LECTURER AT GSA GOVT FIRST GRADE COLLEGE, (AUTONOMOUS) BALLARI, TQ AND DIST: BALLARI-583101 …PETITIONERS (BY SRI. PRUTHVI K S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY ITS PRL.SECRETARY DEPT.OF EDUCATION (HIGHER EDUCATION), 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 COLLEGE, ALAVANDI, KOPPAL-583226, TQ AND DIST: KOPPAL. 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, SEDAM-585222, TQ: SEDAM, DIST: KALABURAGI. 6. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, SHORAPUR-585224 - 3 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 of 2025 TQ: SHORAPUR, DIST: YADGIRI. 6. THE PRINCIPAL SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS) COLLEGE, BALLARI-583101, TQ AND DIST: BALLARI. 7. THE PRINCIPAL SC/ST RESIDENTIAL GOVT FIRST GRADE COLLEGE, MUDNAL, YADGIRI-585202, TQ AND DIST: YADGIRI. 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, AFZALPUR-585301, TQ: AFZALPUR, DIST: KALABURAGI. …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R2, R4 TO R8; 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 - 4 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 of 2025 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 REGULARLY SELECTED CANDIDATES IN TERMS OF THE LAW LAID DOWN BY THE HON BLE HIGH COURT OF KARNATAKA IN MANISH GUPTA AND ANOTHER VS PRESIDENT JAN BHAGIDARI SAMITHI AND OTHERS 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. - 5 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 of 2025 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 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.Dexaminations 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 regularly selected candidates in terms of the law laid down by the Hon’ble High Court of Karnataka in Manish Gupta and another vs President Jan Bhagidari Samithi and others and regularize the services of the petitioners who have in continuous service for more than 10 years - 6 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 of 2025 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. 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. 4. The petitioners contended that they have also submitted representations for regularization of the - 7 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 of 2025 services of the petitioners. If that be so, it would be required for the respondents to pass necessary orders thereon prior to the recruitment process. As such, I pass the following: ORDER i. Writ petition is partly allowed. ii. The representation submitted by the petitioners for regularization is directed to be considered by the respondents within a period of four weeks from the date of receipt of certified copy of this order. iii. If the services of the petitioners are not regularized, they were permitted to participate in the recruitment process in terms of the circular dated 02.01.2025 issued by respondent No.2 at Annexure-B. iv. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post. - 8 - HC-KAR NC: 2025:KHC-D:10135 WP No. 104971 of 2025 v. Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed. vi. Pending I.A. stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 2 Sl No.: 42