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2025 DAILYLAW 65453 (KAR)

KAVITA I MUGALI v. THE SECRETARY

WP/102331/2025 · 2025-08-06

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 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. 102331 OF 2025 (S-RES) BETWEEN: 1. KAVITA I MUGALI AGE:42 YEARS, OCC. GUEST LECTURER HOUSE NUMBER 147 KHB COLONY UDAYAGIRI SATTUR DHARWAD 580009 2. MALLIKARJUNA HULLE VSPDK GOVT. FIRST GRADE COLLEGE, GHODAMPALLI-585403, AT POST SHAGOTI, TQ/ DIST. GADAG-582101. 3. NAVEEN MARIGOUDAR AGE: 42 YEARS, OCC. GUEST LECTURER, MODEL RESIDENTIAL GOVT FIRST GRADE COLLEGE, TALABAL, AT POST SHAGOTI, TQ/ DIST. GADAG-582101. 4. BASAPPA /MARIBASAPPA GONAL AGE: 37 YEARS OCC. GUEST LECTURER GOVT. FIRST GRADE TURUVIHAL-584132, AT POST SHAGOTI, TQ/ DIST. GADAG-582101. 5. DR CHANDRASHEKHARA H R S/O RAMEGOWDA AGE: 37 YEARS, OCC.: GUEST LECTURER, GOVT. FIRST GRADE COLLEGE UDAYAPUR-573225, HIRALAHALLI VILLAGE MURUKANAHAALLI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 POST: SHILANERE HOBLI, K.R.PET TALUK, MANDYA DISTRICT 571426. 6. MANJUNATH M G S/O SANNARANGAPPA M G AGE: 37 YEARS OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, HANAGAL-581120, AT POST SHAGOTI, TQ. DIST. GADAG-582101. 7. MAGADEPPA HOSANGADI AGE: 47 YEARS, GOVT. FIRST GRADE COLLEGE TILAVALLI-581120, R/O. C/O. N.S.MANGANI MAIN ROAD, CHIKKERUR, TQ.HIREKERUR.DIST.HAVERI. 8. NAGARAJA N AGE: 47 YEARS OCC. GUEST LECTURER, GOVT. FIRST GRADE COLLEGE, VEMAGAL KOLAR TQ. DIST., AT POST SHAGOTI, TQ. DIST. GADAG-582101. 9. GIRIDHAR HAMMAYYA BANT GOVT. FIRST GRADE COLLEGE, POST ANKOLA, DIST UTTARAKANNADA-581359. 10. NETRAVATHI G GOVT. FIRST GRADE COLLEGE, YAGATI-577140, AT POST SHAGOTI, TQ. DIST. GADAG-582101. 11. AKKAMAHADEVI RESIDENTIAL GOVT. FIRST GRADE COLLEGE, HANAGAL-581120, AT POST SHAGOTI, TQ. DIST. GADAG-582101. 12. ANKALI RUKSANABEGUM AGE: 35 YEARS, OCC: GUEST FACULTY, SSGFG COLLEGE, NARGUND, R/O. ISLAMPUR ROAD, IBRAHIMPUR, 2ND CROSS, OLD HUBLI-580028. 13. BASAVARAJ PATIL AGE: 36 YEARS, OCC. GUEST FACULTY, - 3 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 GOVT. FIRST GRADE COLLEGE, HARUGERI, AT POST AWARKHOD, TQ. ATHANI-591304. 14. BHARATI D/O NAMBI GANIGA AGE: 38 YEARS, OCC : GUEST FACULTY GOVT. FIRST GADE COLLEGE, COLLEGE BELANDOOR, R/O COLLEGE ROAD HONNAVAR. 15. DAYANAND J.S GOVT. FIRST WOMENS GRADE COLLEGE, GANDADAKOTHI, RC ROAD, HASANA-573201, AT POST AWARKHOD, TQ. ATHANI, DIST. BELAGAVI-591304. 16. HANAMANTH NINGANAGOUDAR SHRI CMP GOVT. FIRST GRADE COLLEGE, LOKAPUR-587122, AT POST AWARKHOD, TQ. ATHANI, DIST. BELAGAVI-591304. 17. MANJUNATHA B T S/O THIPPESWAMY B T AGE : 39 YEARS, OCC: GUEST FACULTY GOVT FIRST GRADE COLLEGE, MOLAKALMURU-577535, AT POST AWARKHOD, TQ. ATHANI, DIST. BELAGAVI-591304. 18. NAGENDRAPPA AGE : 39 YEARS, OCC: GUEST FACULTY GOVT FIRST GRADE COLLEGE, HULASURU, AT POST AWARKHOD, TQ. ATHANI, DIST. BELAGAVI-591304. 19. POORNIMA H.L D/O LAKSHMANA AGE : 36 YEARS, OCC: GUEST FACULTY GOVT FIRST GRADE COLLEGE, NAGAMANGALA R/O: NEAR BUST STOP HAVERI , HAVERI DISTRICT. 20. PREMA ACHARI. D/O NARAYANA ACHARI AGE : 38 YEARS, OCC: GUEST FACULTY GOVT FIRST GRADE COLLEGE, KUMATA PO.:TERNAMAKKI - 4 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 TQ: BHATKAL UTTARAKANNADA_DIST.-581320. 21. REKHA RAJENDRA NAIK AGE :35 YEARS, OCC: GUEST FACULTY GOVT FIRST GRADE COLLEGE, KARWAR R/O:COURT CIRCLE, HALIYAL DIST : UK-581329. 22. SADASHIV GOKAK AGE : 39 YEARS, OCC: GUEST FACULTY GOVT FIRST GRADE COLLEGE, MUDHOL, R/O :AT POST – MUGALKHOD, TALUK - RAYABAG, DIST- BELAGAVI-597313. 23. UMESHA GOVT FIRST GRADE WOMENS COLLEGE, HARADANAHALLI-573211, R/O :AT POST – MUGALKHOD, TALUK - RAYABAG, DIST- BELAGAVI-597313. 24. ROOHI TAJ D/O SYED SALEEM AGE : 40 YEARS, OCC : GUEST FACULTY GOVT FIRST GRADE COLLEGE, HARDANAHALLI HOLENARASIPURA, R/O: AT/PO HALE TORGAL, TQ. RAMDURG, DIST:BELAGAVI, PIN 591123. 25. NAGARAJ HAVANUR GOVT FIRST GRADE COLLEGE, HANAGAL-581120, R/O :AT POST – MUGALKHOD, TALUK - RAYABAG, DIST- BELAGAVI-597313. …PETITIONERS (BY SRI. B.N. MULIMANI, ADVOCATE) AND: 1. SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING, BENGALURU 560001. - 5 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 2. THE COMMISSIONER DEPATMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD BENGALURU – 560001. 3. THE PRINCIPAL SHRI JAGADGURU FAKKIRESHWARA GOVT FIRST GRADE COLLEGEM SHIRAHATI-582120. 4. THE PRINCIPAL MODEL RESIDENTIAL GOVT FIRST GRADE COLLEGE, TALABAL. 5. THE PRINICPAL GOVT FIRST GRADE COLLEGE TURUVIHAL-584132. 6. THE PRINICPAL GOVT FIRST GRADE COLLEGE UDAYAPUR-573225. 7. THE PRINICPAL GOVT FIRST GRADE COLLEGE HANAGAL-581120. 8. THE PRINICPAL GOVT FIRST GRADE COLLEGE TILAVALLI-581120 9. THE PRINICPAL GOVT FIRST GRADE COLLEGE VEMAGAL KOLAR TQ AND DIST. 10. THE PRINICPAL GOVT FIRST GRADE COLLEGE YALLAPUR-581359. 11. THE PRINICPAL GOVT FIRST GRADE COLLEGE YAGATI-577140. - 6 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 12. THE PRINICPAL RESIDENTIAL GOVT FIRST GRADE COLLEGE HANAGAL-581120. 13. THE PRINICPAL SS GOVT FIRST GRADE COLLEGE NARAGUND. 14. THE PRINICPAL GOVT FIRST GRADE COLLEGE HARUGERI. 15. THE PRINICPAL GOVT FIRST GRADE COLLEGE BELANDOOR 16. THE PRINICPAL GOVT FIRST WOMENS COLLEGE 17. THE PRINICPAL GOVT FIRST GRADE COLLEGE GANDADAKOTHI, RC ROAD, HASANA-573201. 18. THE PRINICPAL SHRI CMP GOVT FIRST GRADE COLLEGE LOKAPUR-587122. 19. THE PRINICPAL GOVT FIRST GRADE COLLEGE MOLAKALMURU-577535. 20. THE PRINICPAL GOVT FIRST GRADE COLLEGE HULASURU. 21. THE PRINICPAL GOVT FIRST GRADE COLLEGE NAGAMANGALA. 22. THE PRINICPAL - 7 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 GOVT FIRST GRADE COLLEGE KUMATA. 23. THE PRINICPAL GOVT FIRST GRADE COLLEGE KARWAR. 24. THE PRINICPAL GOVT FIRST GRADE COLLEGE MUDHOL. 25. THE PRINICPAL GOVT FIRST GRADE COLLEGE WOMENS COLLEGE HARADANAHALLI-573211. 26. THE PRINICPAL GOVT FIRST GRADE COLLEGE HARDANAHALLI. 27. THE PRINICPAL GOVT FIRST GRADE COLLEGE HANAGAL-581120. 28. THE PRINICPAL VSPDK GOVT FIRST GRADE COLLEGE GHODAMPALLI-585403. …RESPONDENTS (BY SRI. GANGADHAR J.M, AAG AND SRI. P.N.HATTI, HCGP) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING 1. TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-F MADE TO R2 DATED. 30/01/2025 TO CONTINUE THEIR SERVICE BY DEPUTING TO COLLEGES WHERE THERE IS A WORKLOAD BY ALLOWING TO SERVE IN SUCH COLLEGES BY EMPOWERING PRINCIPALS OF COLLEGES AS PROVIDED IN ANNEXURE-D OR MAKE PAYMENT OF SALARY FOR THE BROKEN PERIOD FROM TERMINATION DATE TO END OF THE A/Y 2024-25. 2. PASS SUCH ORDERS AS THIS HON BLE COURT MAY DEEM FIT IN THE FACTS AND - 8 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 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. Learned High Court Government Pleader accepts notice for respondents. 2. The petitioners are before this Court seeking for the following reliefs: 1. To issue a writ in the nature of mandamus to consider the representation vide Annexure-F made to R2 dated. 30/01/2025 to continue their service by deputing to colleges where there is a workload by allowing to serve in such colleges by empowering Principals of colleges as provided in Annexure-D or make payment of salary for the broken period from termination date to end of the A/Y 2024-25. 2. 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. 3. In the above matter, the petitioners are seeking for a mandamus directing the respondents to permit the - 9 - HC-KAR NC: 2025:KHC-D:9880 WP No. 102331 of 2025 petitioners to continue service in the respondents- colleges for the academic year 2024–2025. As the said academic year has already lapsed, the petition is dismissed as infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA LIST NO.: 3 SL NO.: 14