Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 64702 (KAR)

CHANDRASHEKHARAPPA S/O SANGAPPA v. SECRETARY

WP/104662/2025 · 2025-11-26

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105836 OF 2025 (GM-RES) C/W WRIT PETITION NO. 102671 OF 2025 WRIT PETITION NO. 104662 OF 2025 IN W.P.NO.105836/2025: BETWEEN: DR. PREMA NADAKATTI W/O. PRABHU, AGE. 67 YEARS, OCC. GUEST LECTURER, R/O. NEAR ICE GATE, K.C. PARK, DHARWAD – 580 001. NOT CLAIMING BENEFIT AS SENIOR CITIZEN …PETITIONER (BY SRI. B. N. MULIMANI, ADVOCATE) AND: 1. SECRETARY THE UNIVERSITY OF GRANTS COMMISSION, BAHADUR SHAH ZAFAR, MARG NEW DELHI – 110 002. 2. THE REGISTRAR, KARNATAKA UNIVERSITY, DHARWAD – 580 003. 3. PRINCIPAL, KARNATAK ARTS COLLEGE, DHARWAD – 580 001. …RESPONDENTS (BY SRI. ANOOP DESHPANDE, ADVOCATE FOR R1; SRI. K.L.PATIL, ADVOCATE FOR R2; NOTICE TO R3 IS DIFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 NATURE OF MANDAMUS OR ANY OTHER NATURE OF WRIT DIRECTING THE RESP NO.2 NOT TO TERMINATE THE SERVICE OF PETITIONER TILL SHE ATTAINS 70 YEARS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN W.P.NO.102671/2025: BETWEEN: 1. DR. SAVITRIBAI PAWAR, AGE. 59 YEARS, OCC. PRESENTLY WORKING AS A GUEST LECTURER IN BSS GOVERNMENT FIRST GRADE COLLEGE GAJENDRAGAD, DIST. GADAG. 2. DR. B.H.DODDARAMANANAVAR, AGE. 59 YEARS, OCC. PRESENTLY WORKING AS A GUEST LECTURER IN BSS, GOVERNMENT FIRST GRADE COLLEGE HAVEI, DIST. HAVERI. …PETITIONERS (BY SRI. NANDISH PATIL, ADVOCATE) AND: 1. THE UNIVERSITY OF GRANTS COMMISSION, MINISTRY OF HUMAN RESOURCE DEVELOPMENT GOVERNMENT OF INDIA, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KARNATAKA, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS SECRETARY, MULTISTORIED BUILDING, VIKAS SOUDHA, BENGALURU – 530 068. - 3 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 3. THE KARNATAKA UNIVERSITY, DHARWAD, REPRESENTED BY ITS REGISTRAR, PAVATE NAGAR, DHARWAD, KARNATAKA – 580 003. 4. THE KARNATAKA UNIVERSITY HAVERI REPRESENTED BY ITS REGISTRAR Q974-PMC KERIMATTIHALLI KARNATAKA – 581 110. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2; SRI. M.B.KANAVI, ADVOCATE FOR R1; SRI. GIRISH HULKANI, ADVOCATE FOR R3; SRI. ANOOP G. DESHPANDE, ADVOCATE FOR R1; R4 – SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 NOT TO TERMINATE THE SERVICES OF THE PETITIONER NO.1 AND 2 ON GROUND THAT THEY HAVE ATTAINED THE AGE OF SUPERANNUATION ON 30.05.2025 AND 04.01.2026 RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN W.P.NO.104662/2025: BETWEEN: CHANDRASHEKHARAPPA S/O. SANGAPPA, AGE: 59 YEARS,OCC: GUEST LECTURER, R/O: AT AND POST MUDENUR, TQ: KUSTAGI, DIST: KOPPALA – 583 278. …PETITIONER (BY SRI. B. N. MULIMANI, ADVOCATE) AND: 1. SECRETARY, THE UNIVERSITY OF GRANTS COMMISSION, BAHADUR SHAH ZAFAR, MARG NEW DELHI – 110 002. - 4 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIKAS SOUDHA, BENGALURU – 560 001. 3. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BENGALURU. 4. REGISTRAR, RAICHUR UNIVERSITY, RAICHUR. 5. THE PRINCIPAL, GOVT FIRST GRADE COLLEGE, SINDHANUR. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDNET/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER NATURE OF WRIT DIRECTING THE RESP NO.3 NOT TO TERMINATE THE SERVICE OF PETITIONER ON ATTAINING THE AGE OF SUPERANUATION ON 22/07/2025 IN THE INTEREST OF JUSTICE AND EQUITY. 2. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER NATURE OF WRIT DIRECTING THE RESP NO 2 TO PROVIDE PROTECTION TO CONTINUITY OF TENURE UPTO 70 YEARS AND PAYMENT OF MAXIMUM HONORARIUM UP 50000/- AS PER THE REVISED GUIDELINES OF R1 VIDE ANNEXURE C AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners in all these cases seek a singular relief that they are working as guest faculty in the respondent No.2-College and claim to be entitled to be continued upto the age of 70 years in terms of the recommendation of the UGC to the Union of India or the State Government as the case would be. 2. Identical petitions had been preferred before the Principal Bench, which have all been turned down following the judgment of the Apex Court in the case of Jagdish Prasad Sharma and others vs. State of Bihar and others1, where the Apex Court holds mere recommendation of the UGC would not mean that the employees would derive a right of those recommendations unless the State Government or the Central Government as the case would be, would implement the same and pass necessary Government Orders accepting the said recommendations. That has not come about even today, qua the retirement of the guest faculties for age between 65 years to 70 years, the recommendation still remained a recommendation. 1 (2013) 8 SCC 633 - 6 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 3. In that light, the petitioners would not merit any consideration. Petitions stand disposed. 4. In the event retirement benefits of these petitioners are not settled as on today, the terminal benefits shall be settled within an outer limit of 12 weeks from the date of receipt of the copy of this order. 5. It is needless to observe that the petitioners should not be driven again to this Court seeking release of terminal benefits. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 107 - 7 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [DR PREMA NADAKATTI W/O. PRABHU VS. SECRETARY THE UNIVERSITY OF GRANTS COMMISSION, AND OTHERS] 09.12.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 1. This Court had disposed of the matter in terms of its order dated 26.11.2025. Owing to certain obfuscation generated by the Court itself, the matter is posted “for being spoken to.” 2. The obfuscation pertains to the nature of the petitioners’ service. It is now indicated by the respondents, and admitted by the petitioners, that the petitioners are guest faculty. 3. In light of their status as guest faculty, the order earlier passed would not require any modification, except to clarify that the said order proceeds on the basis that the petitioners are admittedly working as guest faculty. The present order shall be treated as part and parcel of the order dated 26.11.2025. - 8 - HC-KAR NC: 2025:KHC-D:16541 WP No. 105836 of 2025 C/W WP No. 102671 of 2025 WP No. 104662 of 2025 4. The rest of the order shall remain intact, and the outer limit of 12 weeks shall commence from the date of receipt of a copy of this order. Sd/- ( M.NAGAPRASANNA) JUDGE AC List No.: 1 Sl No.: 2