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2025 DAILYLAW 85881 (KAR)

SRI. SYED MOIZUDDINAHMED SIDDIQUI S/O SYED WAHEEDUDDI SIDDEQUI v. THE STATE GOVERNMENT

WP/105981/2025 · 2025-08-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10572 WP No. 105981 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105981 OF 2025 (S-RES) BETWEEN: 1. 2. 3. 4. 5. SRI. SYED MOIZUDDINAHMED SIDDIQUI S/O. SYED WAHEEDUDDI SIDDEQUI, AGE: 37 YEARS, OCC: GUEST LECTURER, (GDU SINDHANUR) R/O. BABIBASE WARD, SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR, PIN: 5841 28. SRI. TIRUPATHI.G. S/O. BASAPPA, AGE: 50 YEARS, OCC: GUEST LECTURER, (TSHMS GFGC SIRUGUPPA) R/O: ALABANUR, SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR, PIN – 584 128. MANJUNATH S/O. SHEKRAPPA, AGE: 39 YEARS, OCC: GUEST LECTURER, (GFGC MASKI) R/O: CHALLUR POST, KARATAGI, TQ: KARATAGI, DIST: KOPPAL, PIN – 583 229. RENUKA D/O. KISHTAPPA, AGE: 38 YEARS, OCC: LIBRARIAN, (GFGC FOR WOMEN SINDHANUR) R/O ADAVIBHAVI TANDA, NEAR SEVALAL TEMPLE, MEDIKINAL TQ: MASKI, DIST: RAICHUR, PIN – 584 124. SHRIDEVI D/O. RAMANNA BADIGER, AGE: 38 YEARS, OCC: GUEST LECTURER, (GFGC MASKI) R/O: MESTI PETE, MUDAGAL TQ: LINGASUGUR, DIST: RAICHUR, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10572 WP No. 105981 of 2025 6. 7. 8. 9. PIN – 584 124. SURESH.R. S/O. RAMACHANDRAPPA SIDDAPUR, AGE: 38 YEARS, OCC: GUEST LECTURER, (GOVT. DEGREE COLLEGE SINDHANUR) R/O: SHUSHILANAGARA, SANDUR, TQ: SANDUR, DIST: BELLARY, PIN – 583 212. USHA B.B. D/O. B. BHEEMAPPA, AGE: 47 YEARS, OCC: GUEST LECTURER, (GFGC KOPPAL), R/O: HOSAPETE TQ: HOSAPETE, DIST: VIJAYANAGAR, PIN – 583 201. SHIVARAJ S/O. CHANNAPPA BANDIHAL, AGE: 40 YEARS, OCC: GUEST LECTURER, (GFGC KUSHTAGI) R/O: HANUMASAGAR TQ: KUSHTAGI, DIST: KOPPAL, PIN – 583 281. SUSHMA KURAHATTI W/O. HANAMANTHAPPA, AGE: 44 YEARS, OCC: GUEST LECTURER, (GFGC KOPPAL), R/O: GONDABAL, TQ & DIST: KOPPAL, PIN – 583 238. …PETITIONERS (BY SRI. ANAND KOLLI, ADVOCATE) AND: 1. 2. 3. THE STATE GOVERNMENT, R/BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M. S. BUILDING, BENGALURU, PIN – 560 001. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU, PIN – 560 001. THE PRINCIPAL, GOVT. FIRST GRADE COLLEGE KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL, PIN – 582 114. - 3 - HC-KAR NC: 2025:KHC-D:10572 WP No. 105981 of 2025 4. 5. 6. 7. 8. 9. THE PRINCIPAL GOVT. FIRST GRADE COLLEGE KOPPAL TQ: & DIST: KOPPAL, PIN 583 231. THE PRINCIPAL, GOVT. FIRST GRADE COLLEGE SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR, PIN – 584 125. THE PRINCIPAL, GOVT. FIRST GRADE COLLEGE MASKI, TQ: MASKI, DIST: RAICHUR, PIN – 584 125. THE PRINCIPAL, GOVT. FIRST GRADE COLLEGE FOR WOMEN SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR, PIN – 584 125. THE PRINCIPAL, TSHMS GOVT. FIRST GRADE COLLEGE SIRUGUPPA, TQ: SIRUGUPPA, DIST: BELLARI, PIN – 583 101. THE PRINCIPAL, GOVT. DEGREE COLLEGE SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR, PIN – 584 125. …RESPONDENTS (BY SRI. P.N. HATTI., HCGP FOR R1 AND R3 TO R9; SRI. ANOOP DESHPANDE, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. PÁ²E/£Éë-1/CGD/8/2025-26 DATED 25/6/2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10572 WP No. 105981 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari by quashing the impugned notification bearing No. KASHIE/NEVI-1/A U AA/28/2025-26 dated 25.6.2025 issued by the Respondent No.2 vide Annexure-G in the interest of justice and equity. b. Issue a writ in the nature of Certiorari quashing the impugned notification in No. KASHIE/NEVI-1/A U AA/99/2024-25 dated 02.01.2025 issued by the R2 authority, marked as Annexure-E. c. Direct the R1 and R2 to continue 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 High Court of Karnataka In Pirsa Sing S. Case and regularize the services of the petitioners who have in continuous service for more than 10 years and extend all the benefits arising out of the said regularization. d. Direct the respondents to continue the petitioners as guest lecturers in their respective colleges till the completion of academic year 2025-26, in the interest of justice and equity. e. Issue a writ in the mandamus by directing the respondents to regularize the petitioners who have been worked for more than 10 years as guest lecturers in their respective colleges in the interest of justice and equity. f. Such other writ or order or direction as this Hon’ble Court deems fits on the facts and circumstances of the case in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC-D:10572 WP No. 105981 of 2025 2. The petitioners claim to be the guest lecturers and claim to be aggrieved by the notifications which have been issued for appointment of guest lecturers for the ensuing year. 3. The process for recruitment has been taken up by the respondents. It would always be permissible for the petitioners to participate in the said process and if they are successful, to be appointed to such post of guest lecturers. The appointment process cannot be stopped at the instance of the petitioners. As such, I pass the following: ORDER i. Writ petition is partly allowed. ii. The petitioners are permitted to participate in the recruitment process in terms of the notification dated 02.01.2025 and 25.06.2025 issued by respondent No.2 at Annexures-E and G respectively. - 6 - HC-KAR NC: 2025:KHC-D:10572 WP No. 105981 of 2025 iii. Needless to say that until the said recruitment process is completed, the petitioners are not to be disturbed from their current post. iv. Further, needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed. v. Pending I.A. stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 69