- 1 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105532 OF 2025 (S-REG) BETWEEN: 1. VEERAPPA SHEKHARAPPA TUPPAD AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUNAGUND-587118 TQ: HUNAGUND, DIST: BAGALKOTE. 2. VISHWANATH SANGAPPA HOSAMANI AGE: 43 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUNAGUND-587118 TQ: HUNAGUND, DIST: BAGALKOTE. 3. SHASHIDHAR DARGAD AGE: 46 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, HUNAGUND-587201, TQ: HUNAGUND, DIST: BAGALKOTE. 4. PARVATAMMA.B.KARMUDI AGE: 47 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAMPUR-587207, TQ AND DIST: BAGALKOTE. 5. RENUKA.V.SANKANAGOUDRA AGE: 47 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, BADAMI-587201, TQ: BADAMI, DIST: BAGALKOTE. 6. SHRI HAJI PASHA S/O SHAIK MAHABOOB AGE: 49 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 TQ AND DIST: RAICHUR. R/O GADAG-582101, TQ AND DIST: GADAG. 7. SHRI CHOLAPPA N HOSPET AGE: 53 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG-582101, TQ AND DIST: GADAG 8. SHRI VEERESH S/O SHIVAYYA SWAMY AGE: 53 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG-582101, TQ AND DIST: GADAG. 9. SHRI SIDDAYYA.M S/O UMAKANTH.M AGE: 44 YEARS, OCC: GUEST LECTURER AT GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. R/O GADAG-582101, TQ AND DIST: GADAG. …PETITIONERS 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, HUNAGUND-587118 TQ: HUNAGUND, DIST: BAGALKOTE. - 3 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, RAMPUR-587207, TQ AND DIST: BAGALKOTE. 6. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BADAMI-587201, TQ: BADAMI, DIST: BAGALKOTE. 7. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, RAICHUR-584101, TQ AND DIST: RAICHUR. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1, R2, R4 TO R7; SRI. ANUP DESHPANDE, ADVOCATE FOR R4 TO R7) THIS WP IS FILED UNDER ORDER 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO: I. 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. II. 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. III. 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. IV. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO HOLD THE M.PHIL/MASTERS DEGREE QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR/LECTURERS. V. HOLD THE ACTION OF RESPONDENTS IN DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL/MASTERS DEGREE QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET / SLET /PH.D, AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR / LECTURER, FOR THE ACADEMIC - 4 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 YEAR 2025-26 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND. VI. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL/MASTERS DEGREE QUALIFICATION OBTAINED BY THE PETITIONERS 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, EXAMINATIONS AND EXTEND ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM AND. VII. DIRECT THE RESPONDENTS 1 AND 2 TO CONTINUE THE SERVICES OF 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 SUPREME COURT OF INDIA IN CASE OF STATE OF HARYANA VS., PIARA SINGH AND. VIII. DIRECT THE RESPONDENTS 1 AND 2 TO REGULARIZE THE SERVICES OF THE PETITIONERS AS THEY HAVE BEEN IN CONTINUOUS SERVICE FROM 10 TO 15 YEARS AND EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION AND. IX. GRANT SUCH OTHER RELIEF/S AS DEEMS FIT BY THIS HON BLE COURT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1, 2 and 4 to 7. 2. Sri.Anup Deshpande, learned counsel accepts notice for respondent No.3. - 5 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 3. The petitioners are before this Court seeking for the following reliefs: I. 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. II. 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. III. 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. IV. Issue a writ in the nature of mandamus directing the respondents to hold the M.PHIL/MASTERS Degree qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor/Lecturers. V. Hold the action of respondents in declaring the petitioners who have possessed only M.PHIL/MASTERS Degree qualification prior to 11.07.2009 without NET / SLET /Ph.D, as ineligible to hold the post of Assistant Professor / Lecturer, for the Academic Year 2025-26 as arbitrary, illegal and not sustainable in the eye of law and. VI. Direct the respondents to consider the M.PHIL/MASTERS Degree qualification obtained by the petitioners prior to 11.07.2009 as per - 6 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 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 and. VII. Direct the respondents 1 and 2 to continue the services of 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 Supreme Court of India in case of State Of Haryana VS., Piara Singh and. VIII. Direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 15 years and extend all the benefits arising out of the said regularization and. IX. Grant such other relief/s as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. 4. The short grievance of the petitioners is that the petitioners who are holding MPhil degree prior to 11.07.2009 are not being considered to be eligible to hold a post of Assistant Professor/Lecturer even though they are eligible in terms of the UGC Regulations 2018. - 7 - HC-KAR NC: 2025:KHC-D:10016 WP No. 105532 of 2025 5. Learned AGA in a similar matter in WP No.100601/2025 has already submitted that the UGC Regulations, 2018 and the qualifications as regards eligibility would be considered during the course of recruitment. 6. The said submission would equally apply to the present matter. In that view the matter placing the submission of learned AGA on record, the petition stands disposed. 7. Pending IA’s stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA, List No.: 1 Sl No.: 62