- 1 - HC-KAR NC: 2025:KHC-D:9882 WP No. 102574 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102574 OF 2025 (S-REG) BETWEEN: DR. MALLIKARJUNAYYA G M S/O. GURUMURTHAYYA, AGE: 53 YEARS OCC. LECTURER IN HINDI, R/O. COMMERCE, BHS ARTS AND TGP SCIENCE P.U. COLLEGE, JAMKHANDI. …PETITIONER (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DIRECTOR FOR PRE-UNIVERSITY EDUCATION 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560012. 3. THE SECRETARY BLDE EDUCATION SOCIETY, VIJAYAPURA-586103. 4. THE PRINCIPAL COMMERCE, BHS ARTS AND TGP SCIENCE Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9882 WP No. 102574 of 2025 P.U. COLLEGE, JAMKHANDI-587301. …RESPONDENTS (BY SRI. GANGADHAR J.M, AAG AND SRI. P.N. HATTI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS NO.2 TO PASS AN ORDER REGULARIZING THE PETITIONERS SERVICE IN THE RESPONDENTS COLLEGES AS LECTURER IN VIEW OF CONSIDERATION OF PETITIONERS REPRESENTATION VIDE ANNEXURE-B DATED 26/10/2024; DIRECT RESPONDENT NO.2 CLAIM ALL THE PECUNIARY BENEFITS THAT GENERALLY ACCRUE TO THE REGULAR LECTURER. THE RETIRAL BENEFITS TOO CAN BE GRANTED BY TAKING INTO CONSIDERATION THE PETITIONER SERVICE RIGHT FROM 1998 TILL TODAY; PASS SUCH ORDERS AS THIS HON BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AS IN DUTY BOUND THE PETITIONER SHALL EVERY PRAY AN ACT OF KINDNESS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Advocate General accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ in the nature of Mandamus or in nature of any other writ directing the respondents No.2 to pass an order - 3 - HC-KAR NC: 2025:KHC-D:9882 WP No. 102574 of 2025 regularizing the Petitioners service in the Respondents colleges as lecturer in view of consideration of petitioners representation vide Annexure-B dated 26/10/2024. 2. Issue a writ in the nature of mandamus or in nature of any other writ directing the Respondent no.2 claim all the pecuniary benefits that generally accrue to the regular lecturer. The retiral benefits too can be granted by taking into consideration the petitioner service right from 1998 till today. 3. Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the petitioner shall every pray an act of kindness in the interest of justice and equity. 3. The grievance of the petitioner is that, despite rendering continuous service as guest lecturer for over 25 years, his case for regularisation has not been considered by the respondents. It is submitted that if his service was to be considered for regularisation, the process of conducting fresh interviews for the same posts would become redundant. - 4 - HC-KAR NC: 2025:KHC-D:9882 WP No. 102574 of 2025 4. There appears to be substance in the submission made by the learned counsel for the petitioner. Under such circumstances, the petitioner ought to have been considered for regularisation of the services of the petitioner, so long as he satisfy all other requirements, and after that for the remaining vacancies the respondents counsel have proceeded with a fresh recruitment process. 5. In light of the above observations, the following order is passed: ORDER i) The writ petition is partly allowed. ii) Respondents are directed to continue the services of the petitioner as guest lecturer until the process of regularization is duly considered in accordance with law. - 5 - HC-KAR NC: 2025:KHC-D:9882 WP No. 102574 of 2025 iii) The respondents are further directed to consider the case of the petitioner for regularization, subject to their eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. iv) All pending interlocutory applications, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 3 Sl No.: 16