- 1 - HC-KAR NC: 2025:KHC-D:10129 WP No. 103742 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. 103742 OF 2025 (S-RES) BETWEEN: 1. SRI HEMANNA PUJAR S/O P. SANNA HANUMANTHAPPA AGE. 58 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, SANDUR BALLARI DISTRICT, R/O WARD NO.1, DOWLATHPUR, PUJAR STREET, SANDUR TALUK, BALLARI DISTRICT. 2. SMT. VIJAYALAXMI MUDDI, W/O NAGARAJ K., AGE.36 YEARS, OCC. GUEST LECTURER GOVT. FIRST GRADE COLLEGE, HOSAPETE, VIJAYANAGAR DISTRICT, R/O WARD NO.2, HOSAHAALLI, KOPPAL. 3. SWETHA JOSHI D/O RAGHAVENDRA AGE.35 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, HARIHARA, R/O. M.J.NAGAR, 5TH MAIN, SHESHADRI NILAYA, HOSAPETE. 4. PALLAVI J., D/O JAPANAIK V., AGE. 30 YEARS, OCC. GUEST LECTURER, GOVER. FIRST GRADE COLLEGE, HOSAPETE, VIJAYANAGAR DISTRICT, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10129 WP No. 103742 of 2025 R/O PLOT NO.05, 2ND CROSS, SURYA NAGAR COLONY, INFANTRY ROAD, BALLARI. 5. KUSUMA M., D/O SHIVASHANKAR SWAMY, AGE. 45 YEARS, OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, HOSAPETE, VIJAYANAGAR DISTRICT, R/O OPP. RAITHA BHAVAN, GANDHI NAGAR, HOSAPETE. …PETITIONERS (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARYM DEPARTMENT OF EDUCATION (HIGHER EDUCATION), M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER DEPT. OF COLLEGIATE EDUCATION SHESHADRI ROAD, BENGALURU-01. 3. THE PRINCIPAL GOVT. FIRST FRADE COLLLEGE, SANDUR, BALLARI-583119 DIST. BALLARI. 4. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE, HOSAPETE, VIJAYANAGAR DISTRICT-583201. 5. THE PRINCIPAL, GOVT FIRST GRADE COLLEGE, HARIHARA, DAVANAGERE DISTRICT-577001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) - 3 - HC-KAR NC: 2025:KHC-D:10129 WP No. 103742 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARY BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. PÁ²E/£Éë- 1/CGD/99/2024-25, DATED. 02.01.2025 ISSUED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-B. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS /DIRECTING THE RESPONDENT 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, 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, 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: - 4 - HC-KAR NC: 2025:KHC-D:10129 WP No. 103742 of 2025 a. Issue a writ in the nature of Certiorari by quashing the impugned notification bearing no. pá²e/£éã«- 1/cgd/99/2024-25, dated. 02.01.2025 issued by the respondent no. 2 vide annexure-b. b. Issue a writ in the nature of mandamus /directing the respondent 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, 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 - 5 - HC-KAR NC: 2025:KHC-D:10129 WP No. 103742 of 2025 11.07.2009, they would be held eligible for the post of the Assistant Professor/Lecturer 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 Education) Regulations, 2018 (for short ‘UGC Regulations, 2018’) for consideration of appointment as guest lecturers infurtherance of the notification dated 25.06.2025. 3. The said submission of learned Additional Government Advocate answers the grievance of the petitioner. 4. With the above observation, the petition stands disposed of. - 6 - HC-KAR NC: 2025:KHC-D:10129 WP No. 103742 of 2025 5. Needless to say, until the process of fresh recruitment is completed, the petitioner cannot be relieved from her post held as on today. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 2 Sl No.: 36