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2025 DAILYLAW 74554 (KAR)

SANTHOSH N v. THE STATE OF KARNATAKA

WP/34589/2024 · 2025-12-17

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 34589 OF 2024 (S-RES) BETWEEN: 1. SANTHOSH N S/O NAGARAJA M.. AGED ABOUT 35 YEARS, R/AT NO. LIG-117, 3RD CROSS, GANGOTHRI LAYOUT, MYSURU, MYSURU DISTRICT – 570 009 2. MANU H.. C/O HANUMEGOWDA H., AGED ABOUT 35 YEARS R/AT L 30, 9TH CROSS, SJCE ROAD, MYSURU UNIVERSITY QUARTERS, MANASAGANGOTHRI POST, MYSURU, MYSURU DISTRICT – 570006 3. G. MAHESH.. S/O K. GOWDAIAH AGED ABOUT 39 YEARS, R/AT No.108, INCOME TAX LAYOUT NEAR J C NAGARA, KURUBARAHALLI, MYSURU, MYSURU DISTRICT - 570 010 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 4. LOKESH TV S/O K. VENKATESH AGED ABOUT 36 YEARS, R/AT HOLENARASIPURA TALUK VTV TATTEKERE, MUDALAHIPPE POST. HOLENARASIPURA, HASSAN DISTRICT - 573 211 5. BALASUBRAMANYAM T., S/O THAMMAIAH., AGED ABOUT 50 YEARS, R/AT NO. 2664/1, 3RD MAIN, 7TH CROSS K.G. KOPPAL MYSURU, MYSURU DISTRICT - 570 009 6. VIDYASHREE N S D/O A SATHISH., AGED ABOUT 34 YEARS, R/AT NO. 316/A, SHRIRANGAPATTANA TALUK, NERALEKERE, MANDYA, MANDYA DISTRICT-571 415 7. ABHISHEK TV, S/O VENKATARAMANA SHETTY.. AGED ABOUT 36 YEARS, R/AT NO. 759, 4TH MAIN, 25TH CROSS, VIDYARANYAPURAM, MYSURU, MYSURU DISTRICT - 570 008 8. SALMAN.. S/O FIDA HUSSAIN AGED ABOUT 32 YEARS, R/AT NO. 47/A, BADA MAKAN TIPPU CIRCLE, MYSURU, MYSURU DISTRICT - 570 007 - 3 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 9. USHARANI N D W/O GIRISH H D AGED 44 YEARS R/AT NO. 477, 1ST PHASE, VIJAYANAGARA, 4TH STAGE, VIJAYNAGARA II STAGE, MYSURU, MYSURU DISTRICT - 570 017 …PETITIONERS (BY SRI. K RAVISHANKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU-560 001 2. THE UNIVERSITY OF MYSURU REP. BY ITS REGISTRAR KARYASOUDA CRAWFORD HALL MYSURU – 575 005 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER PETITIONER REPRESENTATION DTD. 13.12.2024, 05.12.2024, 07.12.2024 AND 06.12.2024 PRODUCED VIDE ANNX-D AND D8 TO THE WRIT PETITION IN ACCORDANCE WITH LAW. DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICE OF THE PETITIONERS ON PERMANENT BASIS IN THE POST OF LECTURERS AGAINST WHICH THEY ARE WORKING BY DECLARING THAT THE PETITIONERS ARE ENTITLED FOR REGULARIZATION / - 4 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 ABSORPTION ON PERMANENT BASIS AND THEY ARE ENTITLED FOR THE BENEFIT GRANTED TO SIMILARLY SITUATED PERSONS UNDER UNIVERSITY OF MYSURU (ABSORPTION/ REGULARIZATION OF TEMPORARY FULLTIME/PART TIME LECTURERS) STATUTE 2004 BY CONSIDERING THE JUDGEMENT DTD. 23.04.2019 PASSED IN W.P. NO. 51342/2016 AND OTHER CONNECTED MATTERS PRODUCED VIDE ANNX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition seeking mandamus directing the respondents to regularise the services of the petitioners on permanent basis in the post of Lecturers against which they are working by declaring that the petitioners are entitled to regularisation on permanent basis and they are entitled to the benefit granted to similarly situated persons by considering the judgment in the case of Dr Kantaharaju M Vs. The State of Karnataka and Another1, and also a mandamus directing respondent No.2 to consider their 1 WP No.51342/2016 and connected matters, disposed of on 23.04.2019 - 5 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 representations dated 13.12.2024, 05.12.2024, 07.12.2024 and 06.12.2024 vide Annexures-D to D8, etc. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioners are working as Guest Lecturers in respondent No.2-University for more than 10 years. The petitioners have submitted their representations vide Annexures-D to D8 to respondent No.2. Respondent No.2- University has not passed any order on the said representations. Hence, this writ petition. 3. Heard the arguments of learned counsel for the petitioners and learned counsel for respondent No.2- University. 4. Learned counsel for the petitioner submits that, the petitioners have submitted a set of representations requesting respondent No.2 to regularise their services. Despite the receipt of representations, respondent No.2 has not passed any order on the said representations. He - 6 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 submits that, a direction may be issued to respondent No.2 to consider the representations vide Annexures-D to D8, and to pass the appropriate orders in terms of the order passed by this Court in the case of Dr Kantaharaju M (supra). Hence, on these grounds he prays to allow the writ petition. 5. Per contra, learned counsel for respondent No.2 submits that, if reasonable time is granted, respondent No.2 will consider the set of representations submitted by the petitioners vide Annexures-D to D8, and would pass the appropriate orders in accordance with law. Hence, prays to dispose of the petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that the petitioners were appointed as Guest Lecturers, and they are working in the respondent No.2-University for more than 10 years, and they have submitted their respective representations - 7 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 to respondent No.2 for regularisation of their services vide Annexures-D to D8. Respondent No.2 has not passed any order on the said representations. 8. In view of the submission made by learned counsel for respondent No.2, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. Respondent No.2 is directed to consider the set of representations vide Annexures-D to D8, and to pass the appropriate orders in accordance with law, in terms of the order passed by this Court in the case of Dr Kantaharaju M (supra), within 8 weeks from the date of receipt of a copy of this order, and the same shall be subject to the outcome of the writ appeal in WA No.1439/2019, and connected matters pending before the Division Bench of this Court; - 8 - HC-KAR NC: 2025:KHC:53989 WP No. 34589 of 2024 iii. In the meanwhile, respondent No.2 is directed not to discontinue the services of the petitioners till the representations are considered; iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 5