- 1 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105347 OF 2025 (S-REG) BETWEEN: 1. ZABIULLA KASAMBI AGE: 37 YEARS, OCC. MATHS GUEST LECTURER, MINORITY MORARAJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, BYATNAL, TQ. HANGAL-581104, R/O. BALUR, DIST. HAVERI. 2. LATA BELLIKATTI AGE: 37 YEARS, OCC. KANNADA GUEST LECTURER, MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, BYATNAL, TQ. HANGAL-581104, R/O. MALAPUR, KALAVVARAKOPPA, HAVERI. 3. ARSHIYA ANJUM MULLA AGE: 37 YEARS, OCC. SOCIAL SCIENCE GUEST TEACHER, MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, BYATNAL, TQ. HANGAL-581104, R/O. MALAPUR, KALAVVARAKOPPA, HAVERI. 4. RABIYA BASRI W/O. IMRAN AGE: 35 YEARS, OCC. URDU LECTURER, SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 11:58:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 AT MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, UDAGNI-577428, R/O. MAVAKOPPA, HAVERI. 5. MALASHRI W/O. SUBHASCHANDRA TALAWAR, AGE: 47 YEARS, GUEST LECTURER, MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, AKKI-ALUR-581102, R/O. MAVAKOPPA, HAVERI. 6. KOTEPPA H. CHALAWADI, AGE: 44 YEARS, GUEST LECTURER, MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, SANKALBIDARI-58115, R/O. MAVAKOPPA, HAVERI. 7. ASHA M V, AGE: 39 YEARS, GUEST LECTURER, MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE, UDUGANI, SHIKARIPURA, TQ. SHIVAMOGGA-577428, R/O. MAVAKOPPA, HAVERI. 8. MOHAMMAD FAROOQ M. AGASANAMATTI AGE: 33 YEARS, GUEST LECTURER, MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE, BHOVERPUR, POST: KALLIHAL, DIST. HAVERI-58110, R/O. MAVAKOPPA, HAVERI. 9. UMMESALMA MAHABOOBALI TIMMAPUR, AGE: 35 YEARS, GUEST LECTURER, MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE, KARAJAGI, DIST. HAVERI-581112, R/O. MAVAKOPPA, HAVERI. 10. PAVITRA MULER - 3 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 MOULANA AZAD MODEL SCHOOL, RANEBENNUR, DIST. HAVERI, BASAVESHWAR TEMPLE-581115, HIREKERUR, HAVERI. …PETITIONERS (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF MINORITY WELFARE, VIKAS SOUDHA BUILDING, BENGALURU-560001. 2. THE DIRECTOR, DIRECTORATE OF MINORITIES, 16C MILLERS TANK BED ROAD, VASANT NAGAR, BENGALURU-560001. 3. THE DISTRICT OFFICER, DEPARTMENT OF MINORITIES, HAVERI-581110. 4. THE DISTRICT OFFICER, DEPARTMENT OF MINORITIES, SHIVAMOGGA-577301. 5. THE PRINCIPAL MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, BYATNAL, TQ. HANGAL, DIST. HAVERI-581104. 6. THE PRINCIPAL MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, UDAGNI, SHIMOGA DIST., SHIKARIPUR TQ.-577428. 7. THE PRINCIPAL - 4 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, AKKI-ALUR, DIST. HAVERI-581102. 8. THE PRINCIPAL MINORITY MORARJI DESAI INTEGRATED RESIDENTIAL PU COLLEGE, SUNAKALBIDARI-58115, R/O. MAVAKOPPA, HAVERI-58115. 9. THE PRINCIPAL MOULANA AZAD MODEL SCHOOL, RANEBENNUR, DIST. HAVERI-58115. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO, I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING CIRCULAR DATED BEARING NO. Sam.ni/adalita/aushi/cr-08/2025-26 DTD 09.05.2025 ISSUED BY THE RESP NO.2 AS PER ANNEXURE-C AS ILLEGAL AND VOID. II) ISSUE A WRIT OF MANDAMUS AND DECLARE THAT THE ACTION OF THE RESPONDENTS IN CALLING FOR FRESH CIRCULAR FOR THE APPOINTMENT OF GUEST LECTURERS FOR THE NEXT ENSUING YEAR, AS CONTRARY TO LAW DECLARED IN MANISH GUPTA AND ANOTHER V/S PRESIDENT JAN BHAGIDARI SAMITHI AND OTHERS VIDE ANNEXURE-B. III) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DISCONTINUE THE SERVICES OF THE PETITIONERS AS GUEST LECTURERS TILL THE REGULAR APPOINTMENTS ARE MADE TO THE SAID POSTS AS PER ANNEXURE D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: I) Issue a writ of certiorari or any other writ, order or direction, quashing circular dated bearing no. Sam.ni/adalita/aushi/cr- 08/2025-26 dtd 09.05.2025 issued by the resp no.2 as per annexure-C as illegal and void. II) Issue a writ of mandamus and declare that the action of the respondents in calling for fresh circular for the appointment of guest lecturers for the next ensuing year, as contrary to law declared in manish Gupta And Another V/S President Jan Bhagidari Samithi and others vide annexure-B. III) Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest lecturers till the regular appointments are made to the said posts as per annexure D. 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. - 6 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 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. As such, I pass the following: ORDER i. Writ petition is partly allowed. ii. The petitioners are permitted to participate in the recruitment process in terms of the circular dated 09.05.2025 bearing No.C.¸ÀA.¤/DqÀ½vÀ/C.G.²/¹Dgï- 08/2025-26 issued by respondent No.2 at Annexure-C. iii. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post. - 7 - HC-KAR NC: 2025:KHC-D:9683 WP No. 105347 of 2025 iv. Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed. v. Pending I.A. stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA LIST NO.: 1 SL NO.: 47