- 1 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 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.104509 OF 2025 (S-RES) BETWEEN: 1. ANDAVVA, D/O. PAMPANNA KATTI, AGED ABOUT 36 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. SONNA VILLAGE, POST HAGARIBOMMANAHALLI, DISTRICT VIJAYANAGAR. 2. LAXMI SAMAJE, D/O. BHARAT, AGED ABOUT 36 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. AT NASALAPUR, TQ. RAIBAG, DISTRICT BELAGAVI. 3. SHANTAMMA P., D/O. CHANDRAPPA P., AGED ABOUT 40 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. CHOUKI ROAD, UTTANGI POST, TALUK HUVINAHADAGALI, DISTRICT VIJAYANAGAR. 4. PRAKASH Y., D/O. YELLAREDDY HANUMANREDDY, AGED ABOUT 40 YEARS, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 of 2025 OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. WEST KALVI POST, TALUK HUVINAHADAGALI, VIJAYANAGAR DISTRICT. 5. JAYAPRAKASH KARISHETTI, D/O. MAHABALESHWAR, AGED ABOUT 47 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. POST KOMBALI, TALUK HUVINAHADAGALI, DISTRICT VIJAYANAGAR. 6. KOTRAIAH B.M.H., D/O. NAGAIAH B. M., AGED ABOUT 53 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. BANNIKAL VILLAGE & POST, TALUK HAGARIBOMMANAHALLI, DISTRICT VIJAYANAGAR. 7. TIMMAREDDY Y., D/O. HANUMAREDDY Y., AGED ABOUT 38 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. A/P/ WEST KAVLI, TALUK HUVINAHADAGALI, DISTRICT VIJAYANAGAR. 8. MAHESH G., D/O. HANUMANTHA RAO G. K.., AGED ABOUT 45 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. MANJARI, H. NO. 144 G/19,, VIJAYANAGAR EXTENSION, HUVINAHADAGALI, - 3 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 of 2025 DISTRICT VIJAYANAGAR. 9. RATNAVVA BANDIWADDAR, D/O. IRAPPA BANDIWADDAR, AGED ABOUT 42 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. BHAJENTRI ONI, TALUK MUNDARGI, DISTRICT GADAG. 10. BARADUR DAYAVATI, D/O. MALLIKARJUNAPPA, AGED ABOUT 47 YEARS, OCC. GUEST LECTURER, SRMPP GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT, R/O. A. D NAGAR, NEAR VEERBHADRESHWAR TEMPLE, MUNDARGI TALUK, DISTRICT GADAG. …PETITIONERS (BY SRI. KUSHAL N KAMBALE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE - 560 001. 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, SHREE RUDRAMBA M. P. PRAKASH - 4 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 of 2025 GOVERNMENT FIRST GRADE COLLEGE, HUVINAHADAGALI, VIJAYANAGAR DISTRICT-583219. …RESPONDENTS (BY SRI. GANGADHAR J.M, AAG AND SRI. P.N. HATTI, HCGP FOR R1, R2 AND R4) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, FILED 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 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, VII. 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: - 5 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 of 2025 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 Government Pleader accepts notice for respondents No.1, 2 and 4. 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 - 6 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 of 2025 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, VII. 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 - 7 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 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. - 8 - HC-KAR NC: 2025:KHC-D:9892 WP No. 104509 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.: 26