- 1 - HC-KAR NC: 2025:KHC-D:11743 WP No. 104511 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104511 OF 2025 (S-RES) BETWEEN: 1. GEETA M MARAJJA D/O. MASTI MARAJJA, AGED ABOUT 45 YEARS, OCC: LECTURE, R/O: #1094/A, KPTCL STATION OFFICE, SADASHIVGAD, KARWAR-581352, UTTARA KANNDA DISTRICT. 2. RAJASHREE S. HULGEKAR W/O. SHARAD MAYEKAR, AGED ABOUT 45 YEARS, OCC: LECTURE, R/O: #2244, C/O SHYAMSUNDAR, P. HULGEKARA, KODIBAG, KARWAR-581303, UTTARA KANNADA DISTRCT. …PETITIONERS (BY SRI. PRAVEEN TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11743 WP No. 104511 of 2025 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BENGALURU-560 001. 3. THE UNIVERSITY GRANT COMMISSION REP. BY ITS SECRETARY BAHADUR SHAH ZAFAR MARG NEW DELHI-110 002. 4. THE PRINCIPAL GOVERNMENT ARTS AND SCIENCE COLLEGE, MAIN ROAD KAJUBAG, KARWAR U. K DISTRICT 581301 …RESPONDENTS (BY SRI. P.N. HATTI., HCGP FOR R1, R2 & R4; SRI. ANOOP DESHPANDE, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OF DIRECTIONS IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KA SHI E/ NE VI-1/A U AA/28/2025-26 DATED 25.06.2025 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-H IN SO FAR AS PETITIONERS ARE CONCERNED AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE AND ETC. THIS WRIT PETITION, COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11743 WP No. 104511 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ , order of directions in the nature of certiorari, quashing the impugned Notification bearing No. KA SHI E/ NE VI-1/A U AA/28/2025-26 dated 25.06.2025 issued by R2 vide Annexure-H in so far as petitioners are concerned as arbitrary, illegal and not sustainable. b. Issue a writ in the nature of Mandamus directing the respondents to hold the M.Phil/Masters Degree qualification acquired by the petitioners prior to 11.07.2009 are eligible to hold the post of Assistant Professor/Lecturers and; c. Hold the action of Respondents in declaring the petitioners who have possessed only M.Phil/Masters Degree qualification prior to 11.07.2009 without NET/SLET/Ph.D., as ineligible to hold the post of Assistant Professor/Lecturer, for the academic year 2025-26 as arbitrary, illegal and not sustainable in the eye of law and; d. Direct the respondents to consider the M.Phil/Masters qualification obtained by the petitioners 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., examinations and extend all the benefits which they are entitled to on par with them and; e. Direct the Respondents 1 & 2 to continue the services of the petitioners as Guest Lecturers without replacing them by another set of Guest Lecturers in terms of the law laid down by the Hon’ble Supreme - 4 - HC-KAR NC: 2025:KHC-D:11743 WP No. 104511 of 2025 Court of India in case of State of Harayana vs. Piara Singh and f. Direct the respondents 1 & 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 15 years and extend all the benefits arising out of the said regularization and; g. Grant such other relief/s as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. 2. Similar matter has been decided by this Court on 12.08.2025 in W.P.No.104400/2025 (Shri.Veerappa Shekharappa Tuppad and others vs. The State of Karnataka and others). The reasoning of this Court would be equally applicable to the present matter. Hence, the following: ORDER i) The Writ petition is partly allowed. ii) The representation submitted by the petitioners for regularization is directed to be considered by the respondents within a period of four weeks from the date of receipt of certified copy of this order. - 5 - HC-KAR NC: 2025:KHC-D:11743 WP No. 104511 of 2025 iii) If the services of the petitioners are not regularized, they were permitted to participate in the recruitment process in terms of the notifications issued by respondent No.2. iv) Needless to say that until the said recruitment process is completed, the petitioners are not to be disturbed from their current post. v) Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 143