- 1 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106913 OF 2025 (S-RES) BETWEEN: 1. SURESHA S AGE: 57 YRS, OCC: GUEST LECTURER, R/O.. NEAR VENKATESHWAR TEMPLE, MALAMADDI, DHARWAD . 2. TTHEMMASHETTY T AGE: 53 YRS, OCC: GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR, DIST. HAVERI- 581111. 3. SHAMBHULINGESHWARA L AGE: 58 YRS, OCC: GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR, DIST. HAVERI- 581111. 4. KEMPANNA MURTHY S.M AGE: 47YRS, OCC: GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR, DIST. HAVERI- 581111. 5. VIJAYALAXMI RAO AGE: 45YRS, OCC: GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR, DIST. HAVERI- 581111. 6. TIRUPATHI BASAPPА AGE: 51 YRS, OCC: GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 HIREKERUR, DIST. HAVERI- 581111. 7. SOMASHEKHARAIAH M.S AGE: 46YRS, OCC: GUEST LECTURER, R/O. KAREKALLU VEERAPUR, BALLARI 583102 8. NOORAYESHA AGE: 42 YRS, OCC: GUEST LECTURER, R/O. WARD NO 23, JAGANNATH TEMPLE ROAD, BALLARI 583102. 9. DANDI PADMAJA AGE: 47YRS, OCC: GUEST LECTURER, HEDIGONDA HAVERI- 581110. 10. SAVITHA B AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD AKKI ALUR, DIST. HAVERI- 581102. 11. VISHWANATH POLICEPATIL AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 12. ARUNKUMAR G AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 13. BHARATI HAJERI AGE: 52 YRS, OCC: GUEST LECTURER, NEAR VENKATESHWAR TEMPLE, MALAMADDI, DHARWAD. 14. KULKARNI GIRIJA UDUPIRAO AGE: 52 YRS, OCC: GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE, MALAMADDI, DHARWAD. 15. GIRISHA R - 3 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 AGE: 52 YRS, OCC: GUEST LECTURER, R/O.. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 16. DHARWAD IRAVVA SHIVAPPA AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 17. MANOJ KUMAR BB AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 18. PARAMANNA BAGALI AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 19. VIRUPANAGOUDA N AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 20. PRATIBHA G AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 21. RAGHUKUMAR K.N AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 22. SATISHA G.R AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 23. SHADAKSHARI T.M AGE: 52 YRS, OCC: GUEST LECTURER, - 4 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 24. SHARANABASAVAYYA AGE: 52 YRS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 25. SHIVAKUMARA B. AGE: 55 OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI- 581102. 26. NARAYAN TIMMA NAIK AGE: 51 YRS, OCC: GUEST LECTURER, SIDDAPUR, UTTAR KANNADA. 27. HANAMANTHAPPA A KADAGATTI AGE: 50 YRS, OCC: GUEST LECTURER, AT DODAWAD, DIST. BELAGAVI. …PETITIONERS (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHEER EDUCATION M.S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU-560001. 3. THE SECRETARY UNIVERISITY GRANTS COMMISSION, NEW DELHI-110002. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND R2; SRI. ANOOP DESHPANDE, ADVOCATE FOR R3) - 5 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO HOLD M.PHIL QUALIFICATION ACQUIRED BY THE PETITIONER PRIOR TO 11/7/2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSORS/GUEST LECTURER,S AS MENTIONED AT REGULATION NO.4.0 OF UGC REGULATION, 2018 ANNEXURE- B IN FURTHERANCE OF WHICH NOTIFICATION NO KA SHI E/NEVI-AUA/28/2025-26 DATED 25/06/2025 VIDE ANNEXURE-C. 2. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL QUALIFICATION OBTAINED Y THE PETITIONERS PRIOR TO 11/7/2009 AT ANNEXURE-A, A1-A26 AS PER UGC REGULATIONS, 2018 THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE POSSESSED NET/SLET/PH.D QUALIFICATION AND EXTEND ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM. 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 PETITIONERS SHALL EVER PRAY AN ACT OF KINDNESS 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. AGA accepts notice for respondent Nos.1 and 2. 2. Sri.Anoop Deshpande, learned counsel accepts notice for respondent No.3. 3. The petitioners are before this Court seeking for the following reliefs: - 6 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 1. Issue a writ in the nature of mandamus directing the respondents to hold M.Phil qualification acquired by the petitioner prior to 11/7/2009 as eligible to hold the post of assistant Professors/Guest Lecturers as mentioned at regulation no.4.0 of UGC regulation, 2018 Annexure-B in furtherance of which notification no KA Shi E/NEVI-AUA/28/2025-26 dated 25/06/2025 vide Annexure-C. 2. Direct the respondents to consider the M.Phil qualification obtained by the petitioners prior to 11/7/2009 at Annexure-A, A1-A26 as per UGC regulations, 2018 the qualification on par with the candidates who have possessed Net/Slet/Ph.D qualification and extend all the benefits which they are entitled to on par with them. 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 petitioners shall ever pray an act of kindness in the interest of justice and equity. 4. Learned Additional Government Advocate for respondents – State submits that if the petitioners were 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 Appointment of Teachers and other Academic Staff in Universities - 7 - HC-KAR NC: 2025:KHC-D:12346 WP No. 106913 of 2025 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 in furtherance of the notification dated 25.06.2025. 5. The said submission of learned Additional Government Advocate answers the grievance of the petitioners. 6. With the above observation, the petition stands disposed of. 7. Needless to say, until the process of fresh recruitment is completed, the petitioners cannot be relieved from their posts held as on today. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa, List No.: 1 Sl No.: 37