- 1 - HC-KAR NC: 2025:KHC-D:9516 WP No. 100992 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100992 OF 2025 (S-RES) BETWEEN: ARCHANA ONKAR D/O. SETURAM ONKAR, AGED ABOUT 42 YEARS, R/A. WARD NO.2, KILLA NEAR CHAVADI, BAGALKOTE, KARNATAKA-587101. …PETITIONER (BY MS. SANJEEVINI P. NAVADGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE-560 001, REP BY ITS SECRETARY. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, VIDHANA SOUDHA, BANGALORE-560 001, REP BY ITS SECRETARY. 3. UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, REP BY ITS SECRETARY. 4. GOVERNMENT FIRST GRADE COLLEGE 5M22+68F SECTOR 43 SECTOR 63A, NAVA NAGAR, BAGALKOTE, KARNATAKA-587 103. …RESPONDENTS (BY SRI. ANOOP DESHPANDE, ADVOCATE FOR R3; NOTICE TO R4 IS DISPENSED WITH (V/O DATED 01.08.2025) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:01:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9516 WP No. 100992 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO HOLD THE M.PHIL. QUALIFICATION ACQUIRED BY THE PETITIONER PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR/ LECTURER AS MENTIONED IN REGULATION NO. 3.3 AND 4.0 OF UGC REGULATION, 2018.B. AND HOLD THE ACTION OF THE RESPONDENTS IN DECLARING THE PETITIONER WHO HAS M.PHIL QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET/SLET/ KSET/ PH.D. AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR/ LECTURER, FOR THE ACADEMIC YEAR 2024-25 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE AND DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL. QUALIFICATION OBTAINED BY THE PETITIONER PRIOR TO 11.07.2009 AS PER UGC REGULATIONS 2018, IS THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE PASSED NET/SLET/ KSET/ PH.D., EXAMINATIONS AND EXTEND ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. To issue a writ in the nature of mandamus directing the respondents to hold the M.Phil. qualification acquired by the petitioner prior to 11.07.2009 as eligible to hold the post of assistant professor/ lecturer as mentioned in Regulation No. 3.3 and 4.0 of UGC Regulation, 2018. 2. Hold the action of the respondents in declaring the petitioner who has M.Phil - 3 - HC-KAR NC: 2025:KHC-D:9516 WP No. 100992 of 2025 qualification prior to 11.07.2009 without NET/SLET/ KSET/ PH.D. As ineligible to hold the post of assistant professor/ lecturer, for the academic year 2024-25 as arbitrary, illegal and not sustainable. 3. Direct the respondents to consider the M.Phil. Qualification obtained by the petitioner prior to 11.07.2009 as per ugc regulations 2018, is the qualification on par with the candidates who have passed NET/SLET/ KSET/ PH.D. examinations and extend all the benefits which they are entitled to on par with them and to grant such other relief that this Hon’ble Court may deem fit in the facts and circumstances of the matter. 2. Shri Anoop Deshpande., learned counsel accepts notice for respondent No.3. Notice to respondent No.4 is dispensed with in view of the proposed order to be passed. 3. Learned Additional Government Advocate for respondents No.1 and 2– State submits that if the petitioner was to hold M.Phil qualification even prior to 11.07.2009, she would be held eligible for the post of the Assistant Professor/Lecturer in terms of Regulations No.3.3 and 4.0 of University Grants Commission (Minimum Qualifications for - 4 - HC-KAR NC: 2025:KHC-D:9516 WP No. 100992 of 2025 Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (for short ‘UGC Regulations, 2018’) for consideration of appointment as guest lecturers infurtherance of the notification dated 25.06.2025. 4. The said submission of learned Additional Government Advocate answers the grievance of the petitioner. 5. With the above observation, the petition stands disposed of. 6. Needless to say, until the process of fresh recruitment is completed, the petitioner cannot be relieved from her post held as on today. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA LIST NO.: 1 SL NO.: 6