- 1 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108096 OF 2025 (S-RES) BETWEEN: 1. KAVITAMUGALI AGE 32 YEARS, OCCUPATION : GUEST LECTURER SJF GOVT FIRST GRADE COLLEGESHIRAHATTI R/O VANASIRINAGAR, DHARWAD 2. AFREEN REHMAN, AGE 33 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE SIRSI R/O VANASIRINAGAR, DHARWAD 3. ANNARAO K AGE 40 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE SHAHAPUR R/O VANASIRINAGAR, DHARWAD 4. BASAPPA M.G AGE 30 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE TURVIHAL R/O VANASIRINAGAR, DHARWAD 5. BEERALINGEGOWDA B L AGE 30 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE KOPPAL R/O VANASIRINAGAR, DHARWAD 6. BHAVANI. D AGE 30 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE BELANDURU R/O VANASIRINAGAR, DHARWAD 7. CHETAN RAJ URS AGE 31 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE BELTANGADI R/O VANASIRINAGAR, DHARWAD Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 8. DEVRAJ URS.G AGE 40 YEARS, OCCUPATION : GUEST LECTURER SIR MVGOVT ARTS AND COMMERCE COLLEGE NEW TOWN BADRAVATI R/O VANASIRINAGAR, DHARWAD 9. IRAVVA SUGNALLI AGE 36 YEARS, OCCUPATION : GUEST LECTURER SRND GOVT FIRST GRADE COLLEGE MULAGUND R/O VANASIRINAGAR, DHARWAD 10.KRISHNA MOGER, AGE 38 YEARS, OCCUPATION : GUEST LECTURER LSBGOVT FIRST GRADE COLLEGE KOTA R/O VANASIRINAGAR, DHARWAD 11.P V GHADI AGE 38 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE HALIYAL (HAVAGI) R/O VANASIRINAGAR, DHARWAD 12.RAMZANSA NADAF AGE 35 YEARS, OCCUPATION : GUEST LECTURER SMYK GOVT FIRST GRADE COLLEGE TELASANG R/O VANASIRINAGAR, DHARWAD 13.SHAILA AGE 31 YEARS, OCCUPATION : GUEST LECTURER SJF GOVT FIRST GRADE COLLEGE BARKUR R/O VANASIRINAGAR, DHARWAD 14.SHRUTHI N.M AGE 30 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE YAGATI R/O VANASIRINAGAR, DHARWAD 15.VIDYASHREE.R AGE 31 YEARS, OCCUPATION : GUEST LECTURER GOVT FIRST GRADE COLLEGE CHANNAPATTAN R/O VANASIRINAGAR, DHARWAD 16.VEDAVATHI R AGE 35 YEARS, OCCUPATION : GUEST LECTURER - 3 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 SGRB GOVTCOMMERCE AND MANAGEMENT COLLEGE BALLARI R/O VANASIRINAGAR, DHARWAD 17.SHARADA KAMATAGI AGE: 35 YEARS, OCC GUEST LECTURER GOVT FIRST GRADE COLLEGE PASCHAPUR R/O. VANASIRINIAGAR, DHARWAD. 18.MUNESH AGE: 35 YEARS, OCC: GUEST LECTURER GOVT. FIRST GRADE COLLEGE KURUGODU R/O. VANASIRINAGAR, DHARWAD. …PETITIONERS (BY SRI. B. N.MULIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COLLEGIATE EDUCATION, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. B.R. AMBEDKARVEEDHI, BENGALURU – 560001. 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU – 560001 3. THE PRINCIPAL SJF GOVT FIRST GRADE COLLEGE SHIRAHATTIDISTGADAG-582120 4. THE PRINCIPAL GOVT FIRST GRADE COLLEGE SIRSIDISTKARWAR-581401. 5. THE PRINCIPAL GOVT FIRST GRADE COLLEGE SHAHAPUR, DIST:YADGIRI-585223 6. THE PRINCIPAL GOVT FIRST GRADE COLLEGE TURVIHAL, TQ: SINDHANUR-584132 AT RAICHUR - 4 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 7. THE PRINCIPAL GOVT FIRST GRADE COLLEGE KOPPAL583231 8. THE PRINCIPAL GOVT FIRST GRADE COLLEGE BELANDURU-560103 TQ: KADABA, DIST DAKSHIN KANNADA 9. THE PRINCIPAL GOVT FIRST GRADE COLLEGE BELTANGADI, DIST: DAKSHINA KANNADA-574214. 10. THE PRINCIPAL SIR MVGOVT ARTS AND COMMERCE COLLEGE NEW TOWN BADRAVATI DIST: SHIVAMOGGA 577301 11. THE PRINCIPAL SRND GOVT FIRST GRADE COLLEGE MULAGUND, DIST:GADAG-582117 12. THE PRINCIPAL LSB GOVT FIRST GRADE COLLEGE KOTA-PADUKERI DIST: UDUPI-576221. 13. THE PRINCIPAL GOVT FIRST GRADE COLLEGE HALIYAL (HAVAGI) DIST: KARWAR – 581329. 14. THE PRINCIPAL SMYK GOVT FIRST GRADE COLLEGE TELASANG DIST: BELAGAVI-591265 15. THE PRINCIPAL SJF GOVT FIRST GRADE COLLEGE BARKUR UDUPI DIST -576210 17.THE PRINCIPAL GOVT FIRST GRADE COLLEGE YAGATI TQ: KADUR DIST: CHIKKAMAGALURU-577140. - 5 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 18.THE PRINCIPAL GOVT FIRST GRADE COLLGE CHANNAPATTNA DIST RAMANGAR-562160. 19. THE PRINCIPAL GOVT FIRST GRADE COLLEGE PASCHAPUR DIST BELAGAVI-590003. 20. THE PRINCIPAL GOVT FIRST GRADE COLLEGE KURUGODU DIST BALLARI-583116. …RESPONDENTS (BY SRI. ,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 06/10/2025, VIDE ANNEXURE E, AS CASE OF THE PETITIONERS FOR CONTINUATION OF SERVICE AS GUEST LECTURERS FOR THE ACADEMIC YEAR 2025-26, ON PAR WITH OTHER SIMILARLY SITUATED LECTURERS CONTINUED BY THE DEPARTMENT; 2. ALTERNATIVELY, DIRECT THE RESPONDENTS TO DEPUTE THE PETITIONERS TO OTHER GOVERNMENT COLLEGES WHERE TEACHING WORKLOAD EXISTS, AS HAS BEEN DONE IN OTHER SIMILAR CASES; 3. DECLARE THAT THE DENIAL OF CONTINUATION TO THE PETITIONERS DESPITE THEIR INCLUSION IN THE ADDITIONAL LIST IS ARBITRARY, DISCRIMINATORY, AND VIOLATIVE OF ARTICLES 14 AND 16 OF THE CONSTITUTION OF INDIA; - 6 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel for the petitioners submits that the issue in the lis is akin to what is decided by the Co-ordinate Bench in Writ Petition No.104704/2025 disposed on 12.08.2025. The Co-ordinate Bench has held as follows: “1. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ of certiorari or any other writ, order or direction, 06.05.2025 quashing notification dated bearing no. ASam.ni/adalita/aushi/cr-08/2025-26 dtd 9.05.2025 issued by the respondent no. 2 as per annexure c as illegal and void. II. Issue a writ of mandamus and declare that the action of the respondent in calling for fresh notification for the appointment of guest lecturers for the next ensuing year, as contrary to law declared in Manish Gupta And Another V/S President Jan Bhagidari Samithi and other vide Annexure B. III. Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest teachers/ lecturers till the regular appointments are made to the said posts as per Annexure D. 2. The grievance of the petitioner is that, despite rendering continuous service as Guest Teacher for many years, his case for regularisation has not been considered by the respondents. It is submitted that if his service was to be considered for regularisation, - 7 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 the process of conducting fresh interviews for the same posts would become redundant. 3. There appears to be substance in the submission made by the learned counsel for the petitioner. Under such circumstances, the petitioner ought to have been considered for regularisation of the services of the petitioner, so long as he satisfy all other requirements, and after that for the remaining vacancies the respondents counsel have proceeded with a fresh recruitment process. 4. In light of the above observations, the following order is passed: ORDER i) The writ petition is allowed. ii) Respondents are directed to continue the services of the petitioner as Guest Teacher until the process of regularization is duly considered in accordance with law. iii) The respondents are further directed to consider the case of the petitioner for regularization, subject to his eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. iv) All pending interlocutory applications, if any, stand disposed of.” 2. The learned HCGP submits that in the operative portion of the order passed by the Co-ordinate Bench, it is indicated that in the case of these petitioners, to be continued for regularisation, there appears to be an error, as the claim of these petitioners is never for regularisation, it is only for - 8 - HC-KAR NC: 2025:KHC-D:15231 WP No. 108096 of 2025 continuation of their services. Therefore, the words ‘regularisation’ must be read as ‘continuation’ in this case. 3. In that light, the following: ORDER i. The writ petition is allowed. ii. Respondents are directed to continue the services of the petitioners as Guest Lecturer in accordance with law. iii. The respondents are further directed to consider the case of the petitioners for continuation, subject to her eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- CT:ANB List No.: 2 Sl No.: 2