- 1 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 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. 108006 OF 2025 (S-RES) BETWEEN: 1. VIJAYAKUMAR R AGE: 42 YEARS, OCCUPATION: GUEST LECTURER SRMPP GOVT FIRST GRADE COLLEGE, HUVINAHADAGALI, DIST: VIJAYANAGAR 583 219. 2. BONISON JOY PINTO, AGE: 37 YEARS, OCCUPATION: GUEST LECTURER DPDPPSP GOVT FIRST GRADE COLLEGE, CARSTREET, MANGALURU R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR 583 219. 3. AYSHLIN PREEMA LOBO, AGE: 42 YEARS, OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE. UPPINANGADI, R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 4. CHAITHRA R C., AGE: 44 YEARS, OCCUPATION: GUEST LECTURER MAHARANI MAHILA SCIENCE COLLEGE AUTONOMOUS MYSURU, R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 5. SHILPA P S., AGE: 41 YEARS, OCCUPATION: GUEST LECTURER MAHARANI MAHILA SCIENCE COLLEGE AUTONOMOUS MYSURU, R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 6. DIVYA DEVASHETTI, AGE: 39 YEARS, OCCUPATION: GUEST LECTURER, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 of 2025 GOVT COLLEGE. (AUTONOMOUS) KALABURGI R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 7. MALA AGE: 41 YEARS, OCCUPATION: GUEST LECTURER, GOVT FIRST GRADE COLLEGE. TEERTHAHALLI, R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 8. MAMTHA K.M AGE: 40 YEARS, OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE. KADUR R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 9. MD ISMAIL AGE: 41 YEARS, OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE. HULASUR, R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 10. MOHANAKUMARI V AGE: 38 YEARS, OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE. CHANNAPATTAN R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 11. RASHMI AGE: 42 YEARS, OCCUPATION: GUEST LECTURER GOVT FIRST GRADE COLLEGE AND CENTRE FOR PG STUDIES THENKANIDIYUR R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. 12. RANJITKUMAR SHETTY AGE: 40 YEARS, OCCUPATION: GUEST LECTURER SMT RUKMINI SHEDTHI MEMORIAL NATIONAL GOVT FIRST GRADE COLLEGE, BARKUR, R/O: HUVINAHADAGALI, DIST: VIJAYANAGAR – 583 219. …PETITIONERS (BY SRI. B. N. MULIMANI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 of 2025 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 SRMPPGOVT FIRST GRADE COLLEGE, HUVINAHADAGALI, DIST: VIJAYANAGAR 583219. 4. THE PRINCIPAL DPDPPSP GOVT FIRST GRADE COLLEGE, CARSTREET, DIST: MANGALURU – 575 001. 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE. UPPINANGADI, DIST: DAKSHIN KANNADA – 574 241. 6. THE PRINCIPAL MAHARANI MAHILA SCIENCE COLLEGE AUTONOMOUS MYSURU – 570 003. 7. THE PRINCIPAL GOVT COLLEGE. (AUTONOMOUS) KALABURGI – 585 105. 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGE. TEERTHAHALLI, DIST: SHIVAMOGGA – 577 432. 9. THE PRINCIPAL GOVT FIRST GRADE COLLEGE. KADUR DIST CHIKMAGALURU 577546 - 4 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 of 2025 10. THE PRINCIPAL GOVT FIRST GRADE COLLEGE. HULASUR, DIST: BIDAR – 585 410. 11. THE PRINCIPAL GOVT FIRST GRADE COLLEGE. CHANNAPATTAN, DIST: RAMANAGAR – 562 160. 12. THE PRINCIPAL GOVT FIRST GRADE COLLEGE AND CENTRE FOR PG STUDIES THENKANIDIYUR, DIST: UDUPI – 576106. 13. THE PRINCIPAL, SMT. RUKMINI SHEDTHI MEMORIAL, NATIONAL GOVT FIRST GRADE COLLEGE, BARKUR, DIST: UDUPI – 576 210. …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 R3 TO R13 TO REINSTATE THE PETITIONERS AS GUEST LECTURERS FOR THE ACADEMIC YEAR 2025-26, ON PARITY WITH OTHER GUEST LECTURERS OF 2024-25 WHO HAVE BEEN ALLOWED TO CONTINUE. HOLD AND DECLARE THAT THE DENIAL OF CONTINUATION TO THE PETITIONERS, DESPITE AVAILABILITY OF WORKLOAD AND PARITY OF SELECTION, IS ARBITRARY, DISCRIMINATORY AND VIOLATIVE OF ARTICLES 14 AND 16 OF THE CONSTITUTION OF INDIA. DIRECT THE RESPONDENTS TO ISSUE NECESSARY POSTING /CONTINUATION ORDERS TO THE PETITIONERS, INCLUDING BY WAY OF ACCOMMODATION, WHEREVER WORKLOAD EXISTS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 of 2025 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. 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 - 6 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 of 2025 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 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. - 7 - HC-KAR NC: 2025:KHC-D:15190 WP No. 108006 of 2025 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.: 36