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2025 DAILYLAW 83855 (KAR)

DR.PRASHANTH K N v. THE STATE OF KARNATAKA

WP/22618/2023 · 2025-10-25

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.22618 OF 2023 (S-RES) BETWEEN: 1. DR.PRASHANTH K. N., S/O SRI NAGARAJ K. C. AGED ABOUT 39 YEARS, R/AT CHELUVA NILAYA, VASAVI LAYOUT, CHOWKA HALLI, K R NAGARA MYSORE-571 602. 2. DR. SHARATH KUMAR K. S. S/O. SHIVARAMU K. T. AGED ABOUT 38 YEARS, R/AT KOTHANAHALLI, HOSAKOTE POST, KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT-571 419. 3. SRI. YASHVANTH M. S/O SRI MANJUNATH R AGED ABOUT 33 YEARS, R/AT L-84, 11TH CROSS, UNIVERSITY QUARTERS, MANASAGANGOTHRI MYSORE-570 006. 4. DR. VIDYALAXMI K., W/O SRI RAVIPRASAD AGED ABOUT 45 YEARS, R/AT NO.59, CHAMUNDI VIHAR LAYOUT, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 NEAR CHAMUNDI VIHAR LAYOUT, NAZARBAD, MYSORE-570 010. 5. DR RAKSHA K R., D/O SRI RAMESH, AGED ABOUT 35 YEARS, PANCHAMA CIRCLE, K R PURAM HASSAN-573 201. 6. DR. GURUDATT D. M., S/O. SRI MAHADEVAPPA, AGED ABOUT 38 YEARS, R/AT NO.L-43, 9TH CROSS, UNIVERSITY QUARTERS MANASAGANGOTHRI, MYSORE-570 006. 7. DR. SHAMA TUMMINAKATTI, W/O. SRI MALATHESH KAYAKAD, AGED ABOUT 36 YEARS, R/AT NO.1935, SHANTHI NAGAR, GUTTAL POST, HAVERI-581 108. 8. DR. SWAROOP T. R. S/O SRI RAMESH T K AGED ABOUT 36 YEARS, R/AT NO.421, VIDYANAGAR, MADOURMALAVALLI ROAD, MADDUR TOWN, MANDYA DISTRICT-571 428. …PETITIONERS (BY SMT. LEELA P. DEVADIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, - 3 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 DEPARTMENTS OF HIGHER EDUCATION, M S BUILDING, BENGALURU-560 001. 2. THE UNIVERSITY OF MYSORE, OFFICE OF THE VICE CHANCELLOR, CRAWFORD HALL, MYSORE-570 005. 3. THE REGISTRAR, UNIVERSITY OF MYSORE, CRAWFORD HALL, MYSORE-570 005. …RESPONDENTS (BY SMT. RADHA B.P., AGA FOR R1; SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH REGULARIZE THE SERVICE OF THE PETITIONERS AND APPOINT THEM ON PERMANENT BASIS IN POST OF ASSISTANT PROFESSORS OF R2 UNIVERSITY BY DECLARING THAT THEY ARE ENTITLED FOR REGULARIZATION / ABSORPTION ON PERMANENT BASIS, TO SECURE THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 4 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 ORAL ORDER The petitioners filed this writ petition seeking a mandamus directing the respondents to forthwith regularize the service of the petitioners and appoint them on a permanent basis in the post of Assistant Professor of respondent No.2-University by declaring that they are entitled to regularization on a permanent basis and also sought a mandamus directing the respondent No.2 to grant all service benefits, including pay scale, seniority from the date of entry into the service. 2. Brief facts, leading rise to the filing of this writ petition are as follows: The petitioners were initially appointed as a temporary lecturer/guest lecturer by the respondent No.2, and thereafter in 2016, they have been appointed as Assistant Professor on a temporary basis. The petitioners have served more than 10 years as a guest lecturer/Assistant lecturer starting from 2011. The petitioners have submitted a representations for the - 5 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 regularization of their Services. The respondent-University has not passed any order on the said representations. Hence this writ petition. 3. Heard the arguments of the learned counsel for the petitioners, and the learned counsel for the respondent-University. 4. Learned counsel for the petitioners submitted that the petitioners have submitted applications for the regularization of their service, and the respondents have not considered the representation, and hence, prays to issue a direction to the respondents to consider the representation vide Annexure-H dated 27.09.2023. 5. Per contra, learned counsel for respondent Nos.2 and 3 submit that if reasonable time is granted, respondent Nos.2 and 3 would consider the representation and pass appropriate order in accordance with law, and hence, prays to dispose of the present writ petition. - 6 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 6. I have perused the records and considered the submissions of the learned counsel for the parties. 7. There is no dispute that the petitioners are working as a guest/temporary lecturers and subsequently, they were appointed as Assistant professor on a temporary basis. They have served in respondent No.2-University for more than ten years. They submitted an application for continuing their service as per Annexure-H dated 27.09.2023. Admittedly, respondent Nos.2 and 3 have not passed any order on the said representation. 8. In view of the submissions made by the learned counsel for respondent Nos.2 and 3, I proceed to pass the following order: ORDER (i) Writ petition is allowed. (ii) Respondent No.3-Registrar is directed to consider the representation vide Annexure-H - 7 - HC-KAR NC: 2025:KHC:42407 WP No. 22618 of 2023 dated 27.09.2023 and pass appropriate order in accordance with law within six weeks from the date of receipt of a certified copy of this order. At this juncture, learned counsel for respondent Nos.2 and 3 submits that respondent Nos.2 and 3 will continue the petitioners till the representation is considered. Sd/- (ASHOK S.KINAGI) JUDGE RL List No.: 1 Sl No.: 8