- 1 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD. DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106907 OF 2025 (S-RES) BETWEEN: 1. MALLAPPA S/O SANGAPPA KUSUGAL AGE: 57 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE MALAMADDI, DHARWAD. 2. BERANNAVAR CHANDRAPPA AGE: 56 YEARS, OCC. GUEST LECTURER, R/O. AT PO MUNAVALLI TQ SOUNDATTI, DIST. BELAGAVI-591117. 3. SHANKAR CHULAKI AGE:57 YEARS, OCC. GUEST LECTURER, R/O. SAVADATTI. DIST. BELAGAVI. 4. C.M.KALAKERI AGE:57 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE , MALAMADDI, DHARWAD. 5. DEVRAJ URS AGE: 57 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE, MALAMADDI, DHARWAD. 6. MAHAMMADKHALEEL S/O A KHATEEB KHATEEB AGE: 43 YEARS OCC GUEST LECTURER, 94E SECTOR 50, NAVANAGAR DIST. BAGALKOT-587103. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 7. NAGARAJ KUMAR S/O MAHESWARAPPA C AGE: 42 YEARS, OCC. GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR , DIST. HAVERI 581111. 8. SRI PRASHANTKUMAR P.G S/O GANAPATI AGE: 47 YEARS, OCC. GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR , DIST. HAVERI 581111. 9. RAJU GOVINDAPPANAR S/O KALINGAPPA AGE: 53 YEARS, OCC. GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE, RAMANAGAR, HIREKERUR , DIST. HAVERI 581111. 10. SRI RUDRAMUNI.T S/O VEERABHADRAPPA T AGE: 56 YEARS, OCC. GUEST LECTURER, R/O. KAREKALLU VEERAPUR, BALLARI -583102. 11. SADIKH.M.S S/O M.H.SHETASANADI AGE: 43 YEARS, OCC. GUEST LECTURER, R/O. NEAR AMBEDKAR CIRCLE RAMANAGAR, HIREKERUR , DIST. HAVERI-581111. 12. SARALA R AGE:48 OCC: GUEST LECTURER, "SAPTAGIRI NILAYA", 9TH CROSS, INDIRA NAGAR, KOLAGAL ROAD, NEAR AMBEDKAR SCHOOL. BALLARI -583104. 13. SHIVASHANKARAYYA S/O BASAVANNAYYA KUDALMATH AGE:52 YEARS, OCC: GUEST LECTURER, R/O. BAZAR ROAD, AKKI ALUR, DIST. HAVERI 581102. 14. SMITHA PATIL AGE:42 YEARS, OCC. GUEST LECTURER, - 3 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 R/O. KK KOPPA, DIST. BAGALKOT. 15. SUMANGALA KHYADI AGE:57 YEARS, OCC. GUEST LECTURER, R/O. SHETTAR ONI GANESH PETH HUBBALLI. DIST. DHARWAD. 16. T RUDRAGOUDA AGE:51 YEARS, OCC. GUEST LECTURER, R/O. BYRAPURA, TQ. SIRAGUPPA, DIST. BALLARI. 17. PARLEKAR TANAJI MARUTI AGE:50 YEARS, OCC. GUEST LECTURER, R/O. LAXMI GALLI HANGARAGE, POST. MANDOLI TALUK, DIST. BELAGAVI. 18. VIJAYALAKASHMI D/O ANJINAIAH AGE: 43 YEARS, OCC. GUEST LECTURER, R/O. HOUSE NO.3/B, WARD NO.25, JAGANNATH TEMPLE STREET, C.B. BALLARI- 583102. 19. VIJAYAKUMAR.P AGE:59 YEARS, OCC. GUEST LECTURER, R/O. PADMASREE NILAYA. 1ST CROSS, NEAR SHARANAM HOSPITAL, AMARAVATHI. ATPO. HOSAPETE 583201. DIST.. VIJAYANAGARA. 20. YAMUNA CHOPADE AGE:57 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE MALAMADDI, DHARWAD. 21. Y. F GOUDAR AGE:48 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE - 4 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 MALAMADDI, DHARWAD. 22. RAJESH HADLI AGE:45 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE MALAMADDI, DHARWAD. 23. PM DIWANAD AGE:50 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE MALAMADDI, DHARWAD. 24. SHASHIDHAR H.R AGE:50 YEARS, OCC. GUEST LECTURER, R/O. NEAR VENKATESHWAR TEMPLE MALAMADDI, DHARWAD. …PETITIONERS (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU – 560001. 3. THE SECRETARY UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZATAR MARG, NEW- DELHI 110002. …RESPONDENTS (BY SRI.P.N. HATTI, HCGP FOR R1 AND R2; SRI. ANOOP DESHPANDE, ADVOCATE FOR R3) - 5 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO HOLD M.PHIL QUALIFICATION ACQUIRED BY THE PETITIONER PRIOR TO 11/7/2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSORS/ GUEST LECTURER,S AS MENTIONED AT REGULATION NO.4.0 OF UGC REGULATION, 2018 ANNEXURE B IN FURTHERANCE OF WHICH NOTIFICATION NO KA SHI E/ NEVI-AUA/28/2025-26 DATED 25/06/2025 VIDE ANNEXURE C- THE R2 HAS ISSUED.2. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL QUALIFICATION OBTAINED BY THE PETITIONERS PRIOR TO 11/7/2009 AT ANNEXURE-A-A1-A23 AS PER UGC REGULATIONS, 2018 THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE POSSESSED NET/SET/PH.D QUALIFICATION AND EXTEND ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM.3. PASS SUCH ORDERS AS THIS 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. 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. The petitioners are before this Court seeking for the following reliefs: 1. Issue a writ in the nature of mandamus directing the respondents to hold M.Phil qualification acquired by the petitioner prior to 11/7/2009 as eligible to hold the post of assistant professors/ - 6 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 Guest Lecturers as mentioned at regulation no.4.0 of UGC regulation, 2018 Annexure B in furtherance of which notification No. KA Shi E/ NEVI- AUA/28/2025-26 dated 25/06/2025 vide annexure C, the R2 has issued. 2. Direct the respondents to consider the M.Phil qualification obtained by the petitioners prior to 11/7/2009 at Annexure-A-A1-A23 as per ugc regulations, 2018 the qualification on par with the candidates who have possessed Net/Set/Ph.d qualification and extend all the benefits which they are entitled to on par with them. 3. Pass such orders as this 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. 2. Learned High Court Government Pleaderfor 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 Professors/Lecturers 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 - 7 - HC-KAR NC: 2025:KHC-D:12408 WP No. 106907 of 2025 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. 3. The said submission of learned Additional Government Advocate answers the grievance of the petitioners. 4. With the above observation, the petition stand disposed of. 5. 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 Vb/Ct:pa/List No.: 1 Sl No.: 203