- 1 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 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.105342 OF 2025 (S-REG) BETWEEN: 1. REKHA R NAIK D/O. RAJENDRA NAIK, AGED ABOUT 43 YEARS, OCC. LECTURE, R/O. UPPARKERI, 3RD CROSS, KUNTA TALUK-581332, UTTARA KANNADA DISTRICT. 2. BASAVARAJ BANAKAR S/O. SIDDAPPA, AGED ABOUT 53 YEARS, OCC. LECTURE, R/O. H.NO.3254 WARD 14, SUBHASH NAGAR, SANDUR-583119 BALLARI DISTRICT. 3. RAMACHANDRAPPA K S/O. KENCHAPPA S K, AGED ABOUT 46 YEARS, OCC. LECTURE, R/O. YALODANAHALLI ROAD,, DAGINAKATTE, POST: CHANNAGIRI-577551, DAVANAGERE DISTRICT. 4. MINAXI N PATIL W/O. NILKANTH KALE, AGED ABOUT 51 YEARS, OCC. LECTURE, R/O. SHAHUNAGAR, GUNJABHALKI-585401, BIDAR DISTRICT. 5. SUDHARSHANA P SANTOSHKAR V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:00:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 W/O. PRASHANT SANTOSHKAR, AGED ABOUT 44 YEARS, OCC. LECTURE, R/O. HUNASGER, HUMNABAD TALUK-585353, BIDAR DISTRICT. …PETITIONERS (BY SRI. PRAVEEN TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE-560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE-560001. 3. THE UNIVERSITY GRAN COMMISSION REP. BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. 4. THE PRINCIPAL GOVERNMENT ARTS AND SCIENCE COLLEGE, KARWAR TALUK-581304, UTTARA KANNADA DISTRICT. 5. THE PRINCIPAL JAPP GOVERNMENT FIRST GRADE COLLEGE, HAGARIBOMMANHALLI-583202, VIJAYANAGAR DISTRICT. 6. THE PRINCIPAL JANATHA GOVERNMENT FIRST GRADE COLLEGE, BASAVAPATNA, CHANNAGIRI TALUK-577551, DAVANAGERE DISTRICT. 7. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, - 3 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 YADGIRI DISTRICT-585290. 8. THE PRINCIPAL GOVERNMENT OF FIRST GRADE COLLEGE, BASAVAKALYAN, BIDAR DISTRICT-585290. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1, 2 AND 4 TO 8; SRI. ANOOP DESHPANDE, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT, ORDER OF DIRECTIONS IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KASHIE/NEVI-1/AOOAA/28/2025-26 DATED 25.06.2025 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-G AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE II. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO HOLD THE M.PHIL/MASTERS DEGREE QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR / LECTURERS AND III. HOLD THE ACTION OF RESPONDENTS IN DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL/MASTERS DEGREE QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET /SLET / PH.D., AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR / LECTURER, FOR THE ACADEMIC YEAR 2025-26 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND. IV. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL/MASTERS DEGREE QUALIFICATION OBTAINED BY THE PETITIONERS PRIOR TO 11.07.2009 AS PER UGC - 4 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 REGULATIONS 2018, IS THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE PASSED NET / SLET / PH.D., EXAMINATIONS AND EXTEND ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM AND. V. DIRECT THE RESPONDENTS 1 AND 2 TO CONTINUE THE SERVICES OF THE PETITIONERS AS GUEST LECTURERS WITHOUT REPLACING THEM BY ANOTHER SET OF GUEST LECTURERS IN TERMS OF THE LAW LAID DOWN BY THE HON’BLE SUPREME COURT OF INDIA IN CASE OF STATE OF HARYANA VS., PIARA SINGH AND. VI. DIRECT THE RESPONDENTS 1 AND 2 TO REGULARIZE THE SERVICES OF THE PETITIONERS AS THEY HAVE BEEN IN CONTINUOUS SERVICE FROM 10 TO 15 YEARS AND EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION AND. VII. GRANT SUCH OTHER RELIEF/S AS DEEMS FIT BY THIS HON’BLE COURT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondent Nos.1, 2, and 4 to 8. - 5 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 Sri. Anoop Deshpande, learned counsel, is directed to accept notice for Respondent No.3. 2. The petitioners are before this Court seeking the following reliefs: i. Issue a writ, order of directions in the nature of certiorari, quashing the impugned notification bearing no. KaShiE/NeVi- 1/AOoAa/28/2025-26 dated 25.06.2025 issued by 2nd respondent vide Annexure-G as arbitrary, illegal and not sustainable. ii. Issue a writ in the nature of Mandamus directing the respondents to hold the M.Phil/Masters degree qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor / Lecturers. iii. Hold the action of respondents in declaring the petitioners who have possessed only M.Phil/Masters Degree qualification prior to 11.07.2009 without NET /SLET / Ph.D., as ineligible to hold the post of Assistant Professor / Lecturer, for the academic year 2025-26 as arbitrary, illegal and not sustainable in the eye of law. iv. Direct the respondents to consider the M.Phil/Masters Degree Qualification obtained by the petitioners prior to 11.07.2009 as per UGC Regulations 2018, is the qualification on par with the candidates who have passed NET / SLET / Ph.D., examinations and extend all the benefits which they are entitled to on par with them and. - 6 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 v. Direct the respondents 1 and 2 to continue the services of the petitioners as guest lecturers without replacing them by another set of guest lecturers in terms of the law laid down by the Hon’ble Supreme Court of India in case of state of Haryana vs., Piara Singh. vi. Direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 15 years and extend all the benefits arising out of the said regularization and. vii. Grant such other relief/s as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. 3. Learned counsel for the petitioners has filed a memo restricting the relief sought in the writ petition to prayer Nos. V and VI. The prayers at Roman Nos. I to IV are given up, and accordingly, they stand deleted. The petitioners shall make a necessary endorsement to that effect in the records. 4. The grievance of the petitioners is that, despite rendering continuous service as guest lecturers for over 10 to 15 years, their cases for regularisation have not been considered by the respondents. It is submitted that if their services were to be considered for regularisation, - 7 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 the process of conducting fresh interviews for the same posts would become redundant. 5. There appears to be substance in the submission made by the learned counsel for the petitioner. The petitioners have served for a considerable period, and no material is placed before this Court to show any complaints or adverse remarks with respect to their competency or conduct. 6. Under such circumstances, the petitioners ought to have been considered regularisation of the services of the Petitioners, so long as they satisfy all other requirements, and after that for the remaining vacancies the respondents ought to have proceeded with a fresh recruitment process. 7. In light of the above observations, the following order is passed: ORDER I. The writ petition is partly allowed. II. Respondent Nos. 1 and 2 are directed to continue the services of the petitioners as - 8 - HC-KAR NC: 2025:KHC-D:9594 WP No. 105342 of 2025 guest lecturers until the process of regularization is duly considered and concluded, in accordance with law. III. The respondents are further directed to consider the case of the petitioners for regularization, subject to their 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. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA LIST NO.: 1 SL NO.: 111