- 1 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 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.104403 OF 2025 (S-RES) BETWEEN: 1. NAFEESA BANU, AGE: 36 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-581115. 2. NAZIA ATHER, AGE :42 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-58 1 115. 3. ASHA M.C, AGE :37 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-581 1 15. 4. SWETHA S. JAMBIGI, AGE :38 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANCBENNUR, DIST: HEVERI-58 1115 5. NAGARATNAVVA BALLARI, AGE :44 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-58 1115 6. RANI BAI BIRAJE, AGE :39 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-58 1 115 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 7. NIRMALA G.L, AGE :36 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-581 1L 15 8. PUSHPAVATI NAGANUR, AGE :36 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANCBENNUR, DIST: HEVERI-581 1 15 9. MANJAPPA CHIKKANAGI, AGE :44 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-581 1 15 10. BASAVARAJ MASUR, AGE :45 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HEVERI-5811 15 11. MANJAPPA MANNAMMANAVA, AGE :36 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, GANDHIPUR, DIST: HAVERI-581128 12. MAHESH BHOJAPPA OLEKAR, AGE :45 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, GANDHIPUR, DIST: HAVERI-581128 13. PRAKASH BARKI, AGE :47 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, GANDHIPUR, DIST: HAVERI-581128 14. NANDA MUGAPPA MALALI, AGE :46 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, GANDHIPUR, DIST: HAVERI-581128 15. SUBHAS D KENGOND, AGE :52 YEARS, OCC: GUEST LECTURER, R/0: GOVERNMENT FIRST GRADE COLLEGE, AKKIALUR, DIST: HEVERI-58 1 102 - 3 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 16. ARIFA BANU. P. MOHASIN, AGE :47 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, CHIKKABASUR, DIST: HAVERI-58 1 120 17. PARVATI TARYAL, AGE :42 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, CHIKKABASUR, DIST: HAVERI-581 120 18. HANUMATAPPA. M. VALMIKI, AGE :48 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, CHIKKABASUR, DIST: HAVERI-58 1120 19. VEERAPPA BADIGER, AGE :37 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581 104 20. SUDHA D.B, AGE :35 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581104 21. NAGENDRAPPA J, AGE :37 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581104 22. SUNIL J. HANNIKERI, AGE :41 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581104 23. HANUMANTAPPA TALAWAR, AGE :37 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI 24. VINAYAK KALAKANI, AGE :38 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581104 - 4 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 25. MALATESH, AGE :41 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581 104 …PETITIONERS (BY SRI. M V HIREMATH, ADVOCATE) AND: 1. UNIVERSITY GRANT COMMISSION, BAHADUR SHA JAFAR MARG, NEW-DELHI- 1 10002 R/BY ITS SECRETARY, 2. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, BENGALURU-560001 3. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION & TECHNICAL EDUCATION, SHESHADRI ROAD, BENGALURU-560001 4. THE JOINT DIRECTOR, DEPARTMNENT OF COLLEGIATE EDUCATION, REGIONAL OFFICE, BENGALURU-560001. 5. THE PRINCIPAL, GOVERNMENT FIRST GRADE COLLEGE, RANEBENNUR, DIST: HAVERI-581 115 6. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, GANDHIPUR, DIST: HAVERI-581 128 7. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, AKKIALUR, DIST: HAVERI-581102 8. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, CHIKKABASUR, DIST: HAVERI-5811 20 - 5 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 9. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, HANGAL, DIST: HAVERI-581 104. …RESPONDENTS (BY SRI. ANOOP DESHPANDE., ADVOCATE FOR R1; SHRI GANGADHAR J.M., AAG AND SRI. P.N. HATTI, HCGP FOR R2 TO R9) THIS WRTI PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIAN PRAYING TO; A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KASHIE/NEVI- 1/AUAA/28/2025-26 DATED. 25.06.2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-A AND CIRCULAR BEARING NO. SANKYE. KASHIE/NEVI-1/AUAA/99/2024-25 DATED. 02.01.2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A1. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS/DIRECTING THE RESPONDENTS TO HOLD THE M.PHIL/MASTER DEGREE QUALIFICATION POSSESSED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSORS/LECTURERS AS MENTIONED AT REGULATIONS NO.4.0 OF UGC REGULATIONS 2018 AND C) HOLD THE ACTION OF THE RESPONDENTS IN DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL/MASTER DEGREE QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET/SLET/PH.D, QUALIFICATION, AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR/LECTURE AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND, D) TO DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL./MASTER DEGREE QUALIFICATION OBTAINED PRIOR TO 11.07.2009 AS PER UGC REGULATIONS 2018, IS THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE PASSED NET/SLET/PH.D, EXAMINATION AND EXTEND ALL THE BENEFITS WHICH ENTITLED TO ON OR PAR WITH THEM AND. E) GRANT OTHER RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND ALLOW THE WRIT PETITION WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 THIS PETITION COMING ON FOR ORDER, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Shri Anoop Deshpande., learned counsel accepts notice for respondent No.1. Learned High Court Government Pleader accepts notice for respondents No.2 to 9. 2. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no. kashie/nevi-1/auaa/28/2025-26 dated. 25.06.2025 issued by the 3rd respondent vide Annexure-A and circular bearing No. SANKYE. KASHIE/NEVI-1/AUAA/99/2024-25 dated. 02.01.2025 issued by the respondent No.3 vide Annexure-A1. b) Issue a writ in the nature of mandamus/directing the respondents to hold the M.Phil/master degree qualification possessed by the petitioners prior to 11.07.2009 as eligible to hold the post of assistant professors/lecturers as mentioned at regulations No.4.0 of UGC regulations 2018 and c) Hold the action of the respondents in declaring the petitioners who have possessed only M.Phil/Master degree qualification prior to - 7 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 11.07.2009 without NET/SLET/PH.D, qualification, as ineligible to hold the post of assistant professor/lecture as arbitrary, illegal and not sustainable in the eye of law and, d) To direct the respondents to consider the M.Phil./master degree qualification obtained prior to 11.07.2009 as per UGC regulations 2018, is the qualification on par with the candidates who have passed NET/SLET/PH.D, examination and extend all the benefits which entitled to on or par with them and. e) Grant other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity. 3. Learned HCGP 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 Professor/Lecturer 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 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 - 8 - HC-KAR NC: 2025:KHC-D:9890 WP No. 104403 of 2025 lecturers infurtherance of the notification dated 25.06.2025. 4. The said submission of learned HCGP answers the grievance of the petitioners. 5. With the above observation, the petition stands 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.: 24