- 1 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 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.104410 OF 2025 (S-RES) BETWEEN: 1. SHARANAPPA SANGANAL, AGE: 56 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582 101 2. VIJAYAKUMAR DESAIGOUDRA, AGE :42 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582101 3. BHAGATSINGH P. NAVALUKAR, AGE :39 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582101. 4. SHARANABASAPPA MARAGUDDI, AGE :45 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, AND PG STUDY CENTRE, GADAG, DIST: GADAG-582101 5. JAGAPUR SHIVAPRASAD, AGE :42 YEARS, OCC: GUEST LECTURER, R/0: GOVERNMENT FIRST GRADE COLLEGE, GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582 101 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 6. GADIGEVVA V. METI, AGE :40 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582 101 7. JYOTI B. GUDDIN, AGE :42 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMERNT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582 101 8. SHARANAPPA MADIWALAR, AGE :42 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582 1 01 9. SHANTAGOUDA HULLUR, AGE :46 YEARS, OCC: GUEST LECTURER, R/0: GOVERNMENT FIRST GRADE COLLEGE AND PG STUDY CENTRE, GADAG, DIST: GADAG-582 1 01 10. CHANDRAMOHAN HIREMATH, AGE :39 YEARS, OCC: GUEST LECTURER, R/O: SRI. J.T. GOVERNMENT FIRST GRADE COLLEGE, MUNDARAGI, DIST: GADAG-582118 11. SAYINATH VERNEKAR, AGE :36 YEARS, OCC: GUEST LECTURER, R/O: SRI. J.T. GOVERNMENT FIRST GRADE COLLEGE, MUNDARAGI, DIST: GADAG-5821 18 12. MANJUNATHGOUDA S. NINGANAGOUDR, AGE :39 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, NARAGUNDA, TQ: LAXMESHWAR, DIST: GADAG-582207 13. RAJAPPA MELINAMANI, AGE :45 YEARS, OCC: GUEST LECTURER. R/O: GOVERNMENT FIRST GRADE COLLEGE, KALAGHATAGI, DIST: DHARWAD-581204 - 3 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 14. VIJAYAKUMAR CHALAWADI, OCC: GUEST LECTURER, AGE :38 YEARS, OCC: GUEST R/O: RUDRAGOUDA PATIL GOVERNMENT FIRST GRADE COLLEGE, BILAGI, DIST: BAGALKOT-587116 15. RAMESH G. BADANUR, AGE :40 YEARS, OCC: GUEST LECTURER R/O: GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOT-587103 16. RAMANNA SHETTENNAVAR, AGE :51 YEARS, OCC: GUEST LECTURER, R/O: SRI. J.T. GOVERNMENT FIRST GRADE COLLEGE, MUNDARAGI, GADAG-582 118 17. MALLANAGOUDA L PATIL, AGE :57 YEARS, OCC: GUEST LECTURER, R/O: GOVERNMENT FIRST GRADE COLLEGE, GADAG, DIST:GADAG-582102 …PETITIONERS (BY SRIYUTHS. M.V. HIREMATH AND SASHWATH S. HIREMATH, ADVOCATES) AND: 1. UNIVERSITY GRANT COMMISSION, BAHADUR SHA JAFAR MARG, NEW-DELHI- 110002 R/BY ITS SECRETARY. 2. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, BENGALURU-56000 1 3. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION & TECHNICAL EDUCATION, SHESHADRI ROAD, BENGALURU-560001 4. THE JOINT DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, - 4 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 REGIONAL OFFICE, BENGALURU-560001. 5. THE PRINCIPAL, GOVERNMENT FIRST GRADE COLLEGE, AND PG STUDY CENTRE, GADAG. 6. THE PRINCIPAL SJT GOVERNMENT FIRST GRADE COLLEGE, MUNDARAGI.-582 1 18 7. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, NARAGUNDA, DIST: GADAG-582207 8. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, BEEDI, DIST: BELAGAVI-591106 9. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, KALAGHATAGI, DIST: DHARWAD-581204 10. THE PRINCIPAL RUDRAGOUDA PATIL, GOVERNMENT FIRST GRADE COLLEGE, BILAGI, DIST: BAGALKOT-5871 16 11. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, NAVANAGAR, DIST: BAGALKOT-587103 …RESPONDENTS (BY SRIYUTHS. ANOOP DESHPANDE, ADVOCATE FOR R1; GANGADHAR J.M, AAG AND P.N. HATTI, HCGP FOR R2 TO R11) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. PÁ²E/£Éë-1/CGD/28/2025-26 DATED 25.06.2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-A AND CIRCULAR BEARING NO. ¸ÀASÉå:PÁ²E/£Éë- - 5 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 1/CGD/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 ASSIS/TANT 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 SUCH 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. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 11. - 6 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 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. PÁ²E/£Éë-1/CGD/28/2025-26 dated 25.06.2025 issued by the 3rd respondent vide Annexure-A and circular bearing no. ¸ÀASÉÅ:PÁ²E/£Éë-1/CGD/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 such other relief/s as deems fit in the circumstances of the case and allow the writ - 7 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 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 lecturers infurtherance of the notification dated 25.06.2025. 4. The said submission of learned HCGP answers the grievance of the petitioners. - 8 - HC-KAR NC: 2025:KHC-D:9891 WP No. 104410 of 2025 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 CT:PA List No.: 3 Sl No.: 25