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2025 DAILYLAW 61270 (KAR)

AYISHABANU D/O MAHABUBSAB DHALAYAT v. THE PRINCIPAL SECRETARY

WP/103887/2025 · 2025-08-06

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9887 WP No. 103887 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. 103887 OF 2025 (S-RES) BETWEEN: 1. AYISHABANU D/O MAHABUBSAB DHALAYAT AGE: 43 YEARS, OCC. GUEST TEACHER AT APJ ABDUL KALAM RESIDENCY SCHOOL/ COLLEGE AKKUR, TQ.DIST. HAVERI-581110. 2. DADAPEER JAGALUR S/O SHAIKH AHMED JAGALUR AGE: 34 YEARS OCC. GUEST TEACHER AT DR. A.P.J. ABDUL KALAM RESIDENTIAL SCHOOL, AKKUR, TQ. DIST. HAVERI-581110. 3. SHAKUNTALA D/O NEELAPPA HURALIKUPPI AGE: 27 YEARS OCC. GUEST TEACHER AT DR. A.P.J. ABDUL KALAM RESIDENTIAL SCHOOL, AKKUR, TQ. DIST. HAVERI-581110. 4. HEENA KOUSAR MAKANDAR D/O TAYABALI AGE: 41 YEARS, OCC. GUEST TEACHER AT MOULANA AZAD SCHOOL, NAVANAGAR, BAGALKOTE. 5. SYAMALA LALI W/O SURESH KARAMARI, AGE: 43 YEARS, OCC. GUEST TEACHER, MINORITY MORARJI DESAI RESIDENTIAL SCHOOL, SHINAGANHALLI, TQ. DHARWAD. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9887 WP No. 103887 of 2025 6. MAHANTESH NAYAK AGE: 38 YEARS, OCC. GUEST LECTURER, MINORITY MORARJI DESAI PU COLLEGE, GADAG. R/O. POST NELOGAL, TQ AND DIST. HAVERI-581110. 7. ASIYA BANU MINORITY MOULANA AZAD SCHOOL, GANDI GROUND, HARIHAR, DIST. DAVANGERE-577601, R/O. POST. NELOGAL, TQ AND DIST. HAVERI-581110. 8. VINAYAK SATENAHALLI AGE: 38 YEARS, OCC. GUEST LECTURER, MINORITY MORARJI DESAI PU COLLEGE, AKKIALUR, R/O. POST. NELOGAL, TQ AND DIST. HAVERI-581110. 9. MOHAMMAD SHANAWAZ AGE: 38 YEARS, OCC. GUEST LECTURER, MINORITY MORAJI DESAI PU COLLEGE, JP NAGAR, BENGALURU, R/O. POST. NELOGAL, TQ AND DIST. HAVERI-581110. 10. RABIYA BASRI AGE: 38 YEARS, OCC. GUEST LECTURER, MINORITY MORAJI DESAI PU COLLEGE UDUGANI, R/O. POST. NELOGAL, TQ AND DIST. HAVERI-581110. …PETITIONERS (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF MINORITY WELFARE VIKAS SOUDHA BUILDING, BENGALURU-560001. - 3 - HC-KAR NC: 2025:KHC-D:9887 WP No. 103887 of 2025 2. THE DIRECTOR DIRECTORATE OF MINORITIES 16C MILLERS TANK BED ROAD, VASANT NAGAR, BENGALURU-560001. 3. THE HEAD MASTER APJ ABDUL KALAM RESIDENCY SCHOOL/ COLLEGE AKKUR, TQ.DIST. HAVERI-581110. 4. THE PRINCIPAL MINORITY MOULANA AZAD SCHOOL, NAANAGAR, BAGALKOT-587103. 5. THE HEAD MASTER MINORITY MORARJI DESAI RESIDENTIAL SCHOOL, SHINAGANHALLI, DHARWAD-580020. 6. THE PRINCIPAL MINORITY MORAJRI DESAI RESIDENTIAL PU COLLEGE GADAG-582101. 7. THE PRINCIPAL MINORITY MOULANA AZAD RESIDENTIAL SCHOOL GANDI GOUND, HARIHAR, DIST DAVANAGERE-577601. 8. THE PRINCIPAL R/O MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE, AKKIALUR, DIST. HAVERI-581102. 9. THE HEAD MASTER, MINORITY MORARJI DESAI RESIDENTIAL PU COLLEGE, JP NAGAR, BENGALURU-560078. 10. THE PRINCIPAL MINORITY MORARJI DESAI RESIDENTIAL SCHOOL, - 4 - HC-KAR NC: 2025:KHC-D:9887 WP No. 103887 of 2025 UDUGANI, DIST. SHIVAMOGGA-577428. …RESPONDENTS (BY SRI. GANGADHAR J.M, AAG AND SRI. P.N. HATTI, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED CIRCULAR ISSUED BY R2 BEARING NO. - A SAM.VI/ADALITA/AKASHI/CR-08-2025-26 DTD 09.05.2025 INVITING THE APPLICATION FOR GUEST TEACHERS VIDE ANNEXURE C IN RESPECT OF PETITIONERS. 2. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR IN NATURE OF ANY OTHER WRIT DIRECTING THE RESPONDENT TO PASS AN CIRCULAR TO ALLOW THE PETITIONERS TO CONTINUE THEIR SERVICE IN THE RESPONDENT COLLEGE 3-10 FOR THE PRESENT ACADEMIC YEAR AND ETC. THIS PETITION, 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 petitioners are before this Court seeking for the following reliefs: 1. To issue a writ in the nature of certiorari to quash the impugned circular issued by r2 bearing no. - a sam.vi/adalita/akashi/Cr- 08-2025-26 dtd 09.05.2025 inviting the application for guest teachers vide Annexure C in respect of petitioners. - 5 - HC-KAR NC: 2025:KHC-D:9887 WP No. 103887 of 2025 2. Issue a writ in the nature of Mandamus or in nature of any other writ directing the respondent to pass an circular to allow the petitioners to continue their service in the respondent college 3-10 for the present academic year. 3. Pass such circulars as his 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. 3. In the above matter, the petitioners are seeking for a mandamus directing the respondents to permit the petitioners to continue service in the respondent-college for the academic year 2024– 2025. As the said academic year has already lapsed, the petition is dismissed as infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA LIST NO.: 3 SL NO.: 22