- 1 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15632 OF 2022 (S-RES) BETWEEN: D S VEERABHADRE GOWDA, M.A. S/O LATE SHIVANE GOWDA AGED ABOUT 57 YEARS PART TIME LECTURER IN ECONOMICS RURAL COLLEGE, KANAKAPURA - 562 117 RAMANAGAR DISTRICT. …PETITIONER (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT HIGHER EDUCATION 5TH FLOOR, M S BUILDING DR AMBEDKAR VEEDHI BANGALORE - 560 001. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION GOVERNMENT OF KARNATAKA PALACE ROAD, BANGALORE – 560001. 3. THE DIRECTOR OF COLLEGIATE EDUCATION GOVERNMENT OF KARNATAKA PALACE ROAD, SESHADRI ROAD BANGALORE – 560001. 4. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION GOVERNMENT OF KARNATAKA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 NO.15, KALIDASA ROAD BANGALORE – 560009. 5. THE MANAGEMENT OF THE RURAL EDUCATION SOCIETY KANAKAPURA - 562 117 A SOCIETY REGISTERED UNDER THE PROVISION OF THE KARNATAKA SOCIETIES ACT 1960 RAMANAGARA DISTRICT BY ITS SECRETARY. 6. THE PRINCIPAL RURAL COLLEGE KANAKAPURA - 562 117 RAMANAGARA DISTRICT. 7. THE CONTROLLER OF EXAMINATION DRAVIDIAN UNIVERSITY SRINIVASA VANAM KUPPAM, AP - 517 426 …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1 TO R4: SRI MAHENDRA GOWDA., ADVOCATE FOR R7: R5 & R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.SAM.KA.SHI.E/289/ KAM.SHA/2012.13/ BEM.VI./NE.PAA.VI-2 DATED 22.06.2022 ISSUED BY THE R2 VIDE ANNEXURE-AS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the endorsement dated 22.06.2022 (Annexure-AS), whereby the petitioner’s request for absorption as regular teacher pursuant to the - 3 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 Rules called, the Karnataka Educational Institutions (Absorption of persons working as part time Lecturers in the Aided Private Educational Institutions) (Special) Rules, 2003 (for short, ‘Special Rules 2003’) has been rejected. 2. 2. The case of the petitioner is that he has acquired the qualification of M.A. Degree in Economics and he has been appointed as a part time Lecturer in Economics on 02.07.1993 in the college which is run by the fifth respondent – Management. After the Special Rules 2003 came into force, the petitioner’s name has been recommended for absorption. By the impugned endorsement, the petitioner’s case for absorption has been rejected on the sole ground that the petitioner was not holding NET/SLET/P.hd., as prescribed by the UGC and there is no workload in the said Institution for Economics subject. 3. The learned counsel for the petitioner has raised the following contentions: - 4 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 (i) Firstly, as per the Special Rules 2003, the part time lecturer who has possessed the Masters Degree with minimum 50% of marks or acquires subsequently, within the dates of commencement of these rules and who has worked as such for not less than two academic years 1993-94 and 1994-1995 are eligible to be absorbed as regular teachers. (ii) Secondly, even as per the Government Circular dated 17.10.2016 (Annexure-AF), the person who has joined M.Phil before 11.07.2009 and completed that degree thereafter is also entitled for UGC pay-scale. (iii) Thirdly, the petitioner joined the M.Phil on 04.10.2008 vide Annexure-AA and he has also pointed out that the workload produced by the Institution shows that there is workload for appointment of one more teacher. The copy is produced as Annexure-AR. Without considering this aspect of the matter, the impugned endorsement has - 5 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 been issued.*During the pendency of the writ petition, the petitioner retired from service. Hence, he sought for allowing the writ petition. 4. The learned AGA appearing for the State has contended that since there is no sufficient workload of minimum of 16 hours per week and the petitioner has not completed his M.Phil as prescribed by the UGC, his case has not been considered. 5. Heard the learned counsel for the parties and perused the writ papers. 6. It is not in dispute that the petitioner has acquired M.A. Degree in Economics in second class and he was appointed as a part time lecturer in Economics in the Institution run by the fifth respondent – Management and he was working as a part time lecturer from 02.07.1993. As per the Special Rules 2003, the part time lecturer has been defined. The same is extracted below: “’Part-time Lecturer” means a person, - *Inserted vide Chamber order dated: 11.09.2025 - 6 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 (i) appointed in a Private Aided First Grade College and working or worked as such with the approval or permission of the Regional Joint Director or Director of Collegiate Education or the Commissioner or his salary was drawn with the permission of the Regional Joint Director or Director of Collegiate Education or the Commissioner to discharge residuary teaching work load if any left after distribution of such teaching work load to the regular lecturers. (ii) who possesses Master’s Degree with a minimum of fifty five percent of marks or acquires subsequently within the date of commencement of these rules in the subject in which he was assigned to teach; and (iii) who has worked as such for not less than two academic years 1993-94 and 1994-95.” 7. From a plain reading of the above provision, it is clear that the person who was appointed in a private aided college, worked with approval of the authorities and one who has possessed a Master’s Degree with the minimum of 55% marks or acquires subsequently within date of commencement of these rules in the subject in which he - 7 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 was assigned to teach and who is working for not less than two academic years 1993-1994 and 1994-1995 is entitled to be considered for absorption. The petitioner also produced Annexure AR, the workload format submitted by the Management. As per the said documents, it is very clear that the workload in respect of the department of Economics, there are totally 54 hours per week, out of which, Sri Channappa and Sri H.B.Appaji, Assistant Professors were assigned workload of 16 hours each per week. For the vacant post, it shows that 22 hours workload is available and he has also produced the documents to show that he has joined the M.Phil Course before 11.07.2009. Without considering this aspect of the matter, the impugned endorsement dated 22.06.2022 vide Annexure AS has been issued. The same is issued contrary to the materials available on record. On this ground alone, the impugned order is liable to be quashed. 8. In view of the above, the following order is passed: - 8 - HC-KAR NC: 2025:KHC:33450 WP No. 15632 of 2022 (i) The writ petition stands disposed of. (ii) The impugned order dated 22.06.2022 vide Annexure-AS is quashed. (iii) The respondent Nos. *1 to 4 are directed to re-consider the case of the petitioner afresh, taking into consideration all the documents submitted by the Management as well as the petitioner and pass appropriate orders, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 42 *Corrected vide Chamber order dated: 11.09.2025