- 1 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 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. 104513 OF 2025 (S-RES) BETWEEN: 1. SRI. VEERA BASAVANTHASWAMI, S/O. MRUTHINJAYA, AGED ABOUT 44 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE., R/O. D-70, OFFICIAL COLONY, NEAR SYNDICATE BANK, T. B. DAM, HOSAPETE. 2. SRI. SOMASHEKAR MADIVALARA S/O. NAGAPPA M. AGED ABOUT 49 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE., R/O. 1ST WARD, KOTE HUVINAHADAGALI, POST & TQ. VIJAYANAGAR DISTRICT., 3. SWETHA JOSHI, D/O RAGHAVENDRA, AGE: 35 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. M.J.NAGAR, 5TH MAIN, SHESHADRI NILAYA, HOSAPETE. 4. KUSUMA M., D/O SHIVASHANKAR SWAMY, AGE: 45 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. OPP. RAITHA BHAVAN, GANDHI NAGAR, HOSAPETE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 5. SMT. VIJAYALAXMI MANJUNATH MUDDI, W/O NAGARAJ K., AGE: 36 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O WARD NO.2, HOSAHAALLI, KOPPAL. 6. SRI. AMRUTH NAIK B. P., S/O. PARAMESH NAIK, AGE: 30 YEARS, OCC. .GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. GUDDADA BENAKANA HALLI VILLAGE, G. K. HALLI POST, CHANNAGIRI TALUK, DAVVANAGERE DISTRICT. 7. MANIMEGHALA M., D/O. SUBRAMANYAM, AGE: 31 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. NEAR VANITHA SCHOOL, 1ST WARD, CHITTAWADIGI, HOSAPETE. 8. PALLAVI J., D/O. JAPANAIK V., AGE: 30 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. PLOT NO.05, 2ND CROSS, SURYA NAGAR COLONY, INFANTRY ROAD, BALLARI. 9. PUSHPA S., D/O. S. SURESH, AGE: 29 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. 5TH WARD, NEAR MADIBASAVESHWAR TEMPLE, KAMPLI TALUK, BALLARI DISTRICT. 10. KASIVISWANATHA, D/O. KALLAPPA H. D., AGE: 42 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. HIREKUMBALAGUNTE VILLAGE POST, KUDLIGI TALUK, VIJAYANAGAR DISTRICT. 11. AKSHATA HALGEKAR, D/O. UDAY, AGE: 37 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. #3834/S/1, BALAJI MAHASALA COMPLEX, NEAR SANTOSHI MATA TEMPLE, NANDANADAGGA, UTTAR KANNADA DISTRICT. 12. AISWARYA P. M., S/O. VIVEKANANDA SWAMY P. M., AGE: 50 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. FLAT NO. 43241, 24TH FLOOR, B-4, T-3, PRESIGE JINDAL CITY, TUMKUR ROAD, 7TH CROSS ROAD, MANJUNATH NAGAR, BAGALAKUNTE, TQ. BENGALURU NORTH, DISTRICT BENGALURU URBAN. 13. RAKSHITHA M., D/O. MUNIRAJU, AGE: 27 YEARS, OCC. GUEST LECTURER, GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, R/O. HOUSE NO. 34, DODDABALLAPURA, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. SHARANABASAVARAJ C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE - 560 001. - 4 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE - 560 001. 3. THE UNIVERSITY GRANT COMMISSION, REP. BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002. 4. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, HOSAPETE, VIJAYANAGAR-583201. 5. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203. 6. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, K.R. PURAM, BENGALURU-560036. 7. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, KURAGODU-583116, BALLARI DISTRICT. …RESPONDENTS (BY SRI. GANGADHAR J.M, AAG AND SRI. P.N. HATTI, HCGP FOR R1, R2 AND R3, R7) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT, ORDER OF DIRECTIONS IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTIFICATION BEARING NO. PÁ²E/£Éë- 1/CGD/28/2025-26 DATED 25.06.2025 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-F AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE. II. 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 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR/LECTURERS AND,III. 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 - 5 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 THE POST OF ASSISTANT PROFESSOR/LECTURER, FOR THE ACADEMIC YEAR 2025-26 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND,IV. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL/MASTERS DEGREE 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,V. DIRECT THE RESPONDENTS 1 AND 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 COURT OF INDIA IN CASE OF STATE OF HARYANA VS., PIARA SINGH AND,VI. DIRECT THE RESPONDENTS 1 AND 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, VI) DIRECT THE RESPONDENTS 1 AND 2 TO CONTINUE THE SERVICE OF THE PETITIONER NOS. 11 TO 13 IN OTHER GOVERNMENT FIRST GRADE COLLEGES, WHEREIN, THE SERVICES OF THE PETITIONER NOS. 11 TO 13 HAS BEEN DISCONTINUED DUE TO THE DECREASE IN THE WORK LOAD DURING THE SEMESTER. VIII. 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. 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. Shri Anoop Deshpande., learned counsel accepts notice for respondent No.3. Learned High Court - 6 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 Government Pleader accepts notice for respondents No.1, 2 and 4 to 7. 2. The petitioners are before this Court seeking for the following reliefs: I. Issue a writ, order of directions in the nature of certiorari, quashing the impugned notification bearing no. PÁ²E/£Éë-1/CGD/28/2025-26 dated 25.06.2025 issued by 2nd respondent vide annexure-f as arbitrary, illegal and not sustainable. II. 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 as eligible to hold the post of Assistant Professor/Lecturers and, III. 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, IV. Direct the respondents to consider the M.Phil/Masters Degree qualification obtained by the petitioners prior to 11.07.2009 as per UGC regulations 2018, - 7 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 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, V. Direct the respondents 1 and 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 Court of India in case of State Of Haryana vs., Piara Singh and, VI. Direct the respondents 1 and 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, VII. Direct the respondents 1 and 2 to continue the service of the petitioner nos. 11 to 13 in other government first grade colleges, wherein, the services of the petitioner nos. 11 to 13 has been discontinued due to the decrease in the work load during the semester. VIII. 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. 3. Learned HCGP for respondents – State submits that if the petitioners were to hold M.Phil - 8 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 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. 5. With the above observation, the petition stands disposed of. - 9 - HC-KAR NC: 2025:KHC-D:9893 WP No. 104513 of 2025 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.: 27