Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 60751 (KAR)

SRI PRASHANTKUMAR P G S/O GANAPATI v. THE PRINCIPAL SECRETARY

WP/107733/2024 · 2025-08-06

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:9835 WP No. 107733 of 2024 C/W WP No.107771 of 2024 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.107733 OF 2024 (S-RES) C/W WRIT PETITION NO.107771/2024 W.P.NO.107733/2024: BETWEEN: 1. SRI. PRASHANTKUMAR P. G. S/O. GANAPATI, AGE: 47 YEARS, OCC: GUEST LECTURER, R/O: NEAR AMBEDKAR CIRCLE RAMANAGAR, HIREKERUR, DIST: HAVERI. 2. NAGARAJ KUMAR S/O. MAHESWARAPPA C., AGE: 42 OCC: GUEST LECTURER, R/O: NEAR AMBEDKAR CIRCLE RAMANAGAR, HIREKERUR, DIST: HAVERI. 3. SADIQ M. S. S/O. M. H. SHETASANADI, AGE: 43 YEARS, CC: GUEST LECTURER, R/O:NEAR AMBEDKAR CIRCLE RAMANAGAR, HIREKERUR, DIST: HAVERI. 4. RAJU R. L. S/O. RUDRAGOUDA, AGE: 53 YEARS, OCC: GUEST LECTURER, R/O: NEAR AMBEDKAR CIRCLE RAMANAGAR, HIREKERUR, DIST: HAVERI. …PETITIONERS (BY SRI. B. N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION M. S. BUILDING, BENGALURU – 560 001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9835 WP No. 107733 of 2024 C/W WP No.107771 of 2024 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU – 560 001. 3. THE PRINCIPAL, GOVT FIRST GRADE COLLEGE, DIST: SHIVAMOGGA, PIN 577 201. 4. THE PRINCIPAL, GOVT FIRST GRADE COLLEGE, HIREKERUR, DIST: HAVERI – 581 111. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG & SRI. P.N.HATTI, HCGP FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION MARKED AT ANNEXURE-E DATED 04/10/2024 TO CONSIDER MPHIL AS EQUAL TO NET/SET/PH.D IN VIEW OF UGC REGULATIONS 2016 STATED SUPRA AND ETC., W.P.NO.107771/2024: BETWEEN: 1. SRI. RUDRAMUNI T S/O. VEERABHADRAPPA T., AGE: 56 YEARS, OCC: GUEST, LECTURER R/O: KAREKALLU VEERAPUR, BALLARI – 583 102. 2. VIJAYALAXMI D/O. ANJINAIAH, AGE: 43 YEARS, OCC: GUEST LECTURER, R/O: WARD NO. 23 JAGANNATH TEMPLE ROAD, BALLARI – 583 102. …PETITIONERS (BY SRI. B. N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BENGALURU – 560 001. - 3 - HC-KAR NC: 2025:KHC-D:9835 WP No. 107733 of 2024 C/W WP No.107771 of 2024 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU – 560 001. 3. THE PRINCIPAL, SMT. SARALA DEVI SATISHCHANDRA AGARWALA, GOVT. FRIST GRADE COLLEGE, BALLARI – 583 101. 4. THE PRINCIPAL, SGRCM GOVERNMENT COMERCE, AND MANAGEMENT COLLEGE, BALLARI – 583 101. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG AND SRI P.N.HATTI, HCGP FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDAI PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION MARKED AT ANNEXURE-E DATED 04/10/2024 TO CONSIDER MPHIL AS EQUAL TO NET/SET/PH.D IN VIEW OF UGC REGULATIONS 2016 STATED SUPRA AND ETC., THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners in WP No.107733/2024 are before this Court seeking for the following reliefs: 1. To issue a writ in the nature of mandamus to consider the representation marked at annexure- e dated 04/10/2024 to consider MPhil as equal to - 4 - HC-KAR NC: 2025:KHC-D:9835 WP No. 107733 of 2024 C/W WP No.107771 of 2024 NET/SET/Ph.D in view of UGC regulations 2016 stated supra. 2. 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 ever pray an act of kindness in the interest of justice and equity. 2. The petitioners in WP No.107771/2024 are before this Court seeking for the following reliefs: 1. To issue a writ in the nature of mandamus to consider the representation marked at annexure- e dated 04/10/2024 to consider MPhil as equal to NET/SET/Ph.D in view of UGC regulations 2016 stated supra. 2. 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 ever pray an act of kindness in the interest of justice and equity. 3. Learned High Court Government Pleaderfor respondents– State submits that if the petitioners was to hold M.Phil qualification even prior to 11.07.2009, they would be held eligible for the post of the Assistant Professors/Lecturers in terms of Regulations No.3.3 and 4.0 of University Grants Commission (Minimum Qualifications for - 5 - HC-KAR NC: 2025:KHC-D:9835 WP No. 107733 of 2024 C/W WP No.107771 of 2024 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. 4. The said submission of learned Additional Government Advocate answers the grievance of the petitioners. 5. With the above observation, the petitions stand disposed of. 6. Needless to say, until the process of fresh recruitment is completed, the petitioners cannot be relieved from their post held as on today. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 3 Sl No.: 0