- 1 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108108 OF 2025 (S-RES) BETWEEN: 1. BIBIAYISHA SHAIKH AGE: 30 YEARS OCCUPATION: GUEST LECTURER SLGS GOVT FIRST GRADE COLLEGE, SAVANUR – 581 118 R/O NEAR GABBUR. HUBLI DIST DHARWAD 2. AFSANA PARVEEN AGE: 35 YEARS OCCUPATION: GUEST LECTURER IDSG GOVT FIRST GRADE COLLEGE, CHIKKMAGALURU – 577 102 R/O NEAR GABBUR. HUBLI DIST DHARWAD 3. BHARATHI AGE: 36 YEARS OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE. BELANDUR TALUK DIST DK- 574 202 R/O NEAR GABBUR. HUBLI DIST DHARWAD 4. GONIBASAPPA B AGE: 37 YEARS OCCUPATION: GUEST LECTURER SRMPPGOVT FIRST GRADE COLLEGE, HUVINAHADAGALI – 583 219 R/O NEAR GABBUR. HUBLI DIST DHARWAD 5. HEMA AGE: 33 YEARS OCCUPATION: GUEST LECTURER DGSGWFIRST GRADE COLLEGE AND PG CENTRE AJJARKADU UDUPI – 576 101 R/O NEAR GABBUR. HUBLI DIST DHARWAD Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 6. JAYALAXMI AGE: 36 YEARS OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE FOR WOMEN BALMATTA, MANGALURU – 575 001 R/O NEAR GABBUR. HUBLI DIST DHARWAD 7. KAVYA AGE 32 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE SRIRANGAPATTNA R/O VANASIRINAGAR, DHARWAD 8. MANJULA C AGE: 42 YEARS OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE BANNUR, T NARASIPUR TQ, DIST MYSURU – 571 101 R/O NEAR GABBUR. HUBLI DIST DHARWAD 9. NARI ANANDA AGE 32 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE MOKA – 583 117 R/O VANASIRINAGAR, DHARWAD 10. NANDINI B AGE: 42 YEARS OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE, BHARATINAGAR, MADDUR TQ, MANDYA DIST – 571 422 R/O NEAR GABBUR. HUBLI DIST DHARWAD 11. PRIYADARSHINI. V AGE: 35 YEARS OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE, BANGAPET DIST KOLAR – 563 114 R/O NEAR GABBUR. HUBLI DIST DHARWAD 12. REKHA R.NAIK AGE: 36 YEARS OCCUPATION: GUEST LECTURER GOVT ARTS AND SCIENCE COLLEGE, (AUTONOMOUS)KARWAR – 581 301 R/O NEAR GABBUR. HUBLI DIST DHARWAD - 3 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 13. SHAMBHULINGESHWAR AGE: 58 YEARS, OCCUPATION: GUEST LECTURER MAHARANI WOMENS ARTS COMMERCE AND MANAGEMENT COLLEGE, BENGALURU – 560 001 R/O NEAR GABBUR. HUBLI, DIST DHARWAD 14. TOPANNA P AGE: 40 YEARS OCCUPATION: GUEST LECTURER SSSGOVT FIRST GRADE COLLEGE CHANNAGIRI 577213 DIST DAVANAGERI R/O NEAR GABBUR. HUBLI DIST DHARWAD …PETITIONERS (BY SRI. B. N. MULIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COLLEGIATE EDUCATION, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560001. 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU – 560001 3. THE PRINCIPAL SLGS GOVT FIRST GRADE COLLEGE, SAVANUR, DIST HAVERI – 581 118. 4. THE PRINCIPAL IDSG GOVT FIRST GRADE COLLEGE, CHIKKMAGALURU – 577 102. 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE. BELANDUR TALUK, DIST DK – 574 202 6. THE PRINCIPAL SRMPP GOVT FIRST GRADE COLLEGE, HUVINAHADAGALI – 583 218, DIST VIJAYANAGAR - 4 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 7. THE PRINCIPAL DGS GVOT WOMENS FIRST GRADE COLLEGE AND PG CENTRE AJJARKADU DIST UDUPI – 576 101 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGEW BALMATTA, MANGALURU – 575 001 9. THE PRINCIPAL GOVT FIRST GRADE COLLEGE BANNUR, T NARASIPUR TQ, DIST MYSURU – 571 101. 10. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BHARATINAGAR, MADDUR TQ, MANDYA DIST – 571 422. 11. THE PRINCIPAL GOVT FIRST GRADE COLLEGE, BANGAPET DIST KOLAR – 563 114. 12. THE PRINCIPAL GOVT ARTS AND SCIENCE COLLEGE, (AUTONOMOUS) KARWAR DIST – 581 301. 13. THE PRINCIPAL MAHARANI WOMENS ARTS COMMERCE AND MANAGEMENT COLLEGE, BENGALURU – 560 001. 14. THE PRINCIPAL SSSGOVT FIRST GRADE COLLEGE CHANNAGIRI 577213, DIST DAVANAGERI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONERS FOR CONTINUATION OF SERVICE AS GUEST LECTURERS FOR THE ACADEMIC YEAR 2025-26, ON PAR WITH OTHER SIMILARLY SITUATED LECTURERS CONTINUED BY THE DEPARTMENT, ALTERNATIVELY, DIRECT THE RESPONDENTS TO ACCOMMODATE - 5 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 /DEPUTE THE PETITIONERS TO OTHER COLLEGES WHERE WORKLOAD EXISTS, AS DONE IN COMPARABLE CASES, DECLARE THAT THE DISCONTINUATION OF THE PETITIONERS FOR THE YEAR 2024-25 ON THE GROUND OF WORKFALL AND DENIAL OF CONTINUATION FOR 2025-26 IS ARBITRARY, DISCRIMINATORY AND VIOLATIVE OF ARTICLES 14 AND 16 OF THE CONSTITUTION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel for the petitioners submits that the issue in the lis is akin to what is decided by the Co-ordinate Bench in Writ Petition No.104704/2025 disposed on 12.08.2025. The Co-ordinate Bench has held as follows: “1. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ of certiorari or any other writ, order or direction, 06.05.2025 quashing notification dated bearing no. ASam.ni/adalita/aushi/cr-08/2025-26 dtd 9.05.2025 issued by the respondent no. 2 as per annexure c as illegal and void. II. Issue a writ of mandamus and declare that the action of the respondent in calling for fresh notification 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 other vide Annexure B. III. Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest teachers/ lecturers till the regular appointments are made to the said posts as per Annexure D. - 6 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 2. The grievance of the petitioner is that, despite rendering continuous service as Guest Teacher for many 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. 3. 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. 4. In light of the above observations, the following order is passed: ORDER i) The writ petition is allowed. ii) Respondents are directed to continue the services of the petitioner as Guest Teacher until the process of regularization is duly considered in accordance with law. iii) The respondents are further directed to consider the case of the petitioner for regularization, subject to his 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.” 2. The learned HCGP submits that in the operative portion of the order passed by the Co-ordinate Bench, it is indicated that in the case of these petitioners, to be continued - 7 - HC-KAR NC: 2025:KHC-D:15192 WP No. 108108 of 2025 for regularisation, there appears to be an error, as the claim of these petitioners is never for regularisation, it is only for continuation of their services. Therefore, the words ‘regularisation’ must be read as ‘continuation’ in this case. 3. In that light, the following: ORDER i. The writ petition is allowed. ii. Respondents are directed to continue the services of the petitioners as Guest Lecturer in accordance with law. iii. The respondents are further directed to consider the case of the petitioners for continuation, subject to her eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 39