Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11466 OF 2025 (S-RES)
BETWEEN:
TEJASWINI J V., DAUGHTER OF JANARDHANA AGED ABOUT 32 YEARS, RESIDING AT 637, 14TH MAIN, 'B' BLOCK, VIJAYA NAGARA, 3RD STAGE, MYSORE - 570030 …PETITIONER (BY SMT/MISS TEJASWINI J.V., PARTY-IN-PERSON)
AND:
1.
UNIVERSITY OF MYSORE REPRESENTED BY THE REGISTRAR, OFFICE AT MANASAGANGOTHRI CAMPUS, MYSURU - 570006
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
2.
THE REGISTRAR, UNIVERSITY OF MYSORE, OFFICE AT MANASAGANGOTHRI CAMPUS, MYSURU-570006
…RESPONDENTS
(BY SRI. ABHISHEK K., ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT UNIVERSITY TO CONTINUE WITH THE SERVICES OF THE PETITIONER AS A GUEST FACULTY AS ANY PRECIPITATIVE ACTION WOULD AMOUNT TO VIOLATION OF FUNDAMENTAL RIGHTS. DIRECTING THE RESPONDENT UNIVERSITY NOT TO REMOVE THE PETITIONER FROM THE SERVICE AS A GUEST FACULTY BY BOWING TO THE PRESSURE OF ANY THIRD PARTY NEFARIOUS ELEMENTS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: -------
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
ORAL ORDER
This petition is filed seeking a mandamus for directing the respondents-University to continue with the services of the petitioner, as a Guest Faculty, as any precipitative action would amount to violation of fundamental rights, and also sought a mandamus directing the respondents-University not to remove the petitioner from the services as a Guest Faculty by bowing to the pressures of any third party nefarious elements.
2.
Brief facts leading rise to the filing of this petition are as follows:
2.1. The petitioner joined the service of respondents-University as a Guest Faculty in 2019 and it was extended from time to time. The petitioner had disciplined few students for causing ruckus. The students approached the Chairperson complaining poor infrastructure. Thereafter, some nefarious elements took place. The petitioner is having an apprehension that the
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
respondent may remove the petitioner for no fault of her. It is contented that, two students had given out a media statement against the petitioner on 11.03.2025 and the same was published in social media handles named by Sri. Vijaya TV, Indian TV, etc. The petitioner filed a suit in OS No.493/2025 on the file of I Addl. Civil Judge and JMFC, Mysuru and the Civil Court was pleased to grant ex-parte ad-interim temporary injunction. The petitioner also filed a police complaint with Jayalakshmipuram Police Station. In view of the said demand and purpose, the respondents- University issued a notice to the petitioner seeking an explanation about the said incident. The petitioner replied to the said notice. The respondents-University informed the petitioner to quit and not to report to the duty. Hence, the petitioner filed this writ petition seeking for directing the University not to remove her from service, and to continue the petitioner in service.
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
3. Heard the arguments of petitioner/party-in- person, and the learned counsel for the respondent- University.
4. The petitioner/party-in-person submits that, she was appointed in the respondent-University in the 2019 and she has continued in service from 2019 till date. The respondents-University has no right to remove her from service. The action of the respondents in removing the petitioner from service is in violation of fundamental rights. She also submits that, the respondents-University has not paid the salary from April 2025 to June 2025. Hence, on these grounds, she prays to allow the writ petition.
5. Per contra, the
learned counsel for the respondents-University submits that, the petitioner was appointed as a Guest Faculty for the academic year from 2019-20 till 2024-25 and the tenure of the petitioner came to an end on 30.06.2025. Thereafter, the respondents- University has not continued the service of the petitioner.
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
He also submits that, in case the University has not paid the salary for the months from April 2025 till June 2025, the respondent undertakes to pay the salary from April 2025 to June 2025 and he submits that, the petitioner has no right to seek for extension or to continue with her service. He also submits that, the writ petition has become infructuous in view of the fact that the contract came to an end on 30.06.2025. Hence, on these grounds, he prays to dismiss the writ petition.
6. Perused the records and considered the
submissions of learned counsel for the parties.
7. There is no dispute that the petitioner was appointed in the respondent-University as a Guest Teacher for academic years 2019-20 to 2024-25, and her tenure came to an end on 30.06.2025. The respondent-University have not continued or extended her service by issuing an extension
order. Although the petitioner has an apprehension that the respondent-University may remove her from service during the tenure of the contract between
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
the petitioner and respondent-University, admittedly the contract came to an end on 30.06.2025. In view of the same, the respondents-University have not continued the service of the petitioner from 01.07.2025. The petitioner has no right to be continued in the service when her service is completed, when the service is not continued by the respondents-University by issuing an order. Due to efflux of time, the petition has become infructuous.
8. Though learned counsel for the respondent submits that the petitioner had not discharged duties from April 2025 to June 2025, to substantiate his case, he has not produced any documents. As the petitioner/party-in- person submits that she has rendered service from April 2025 to June 2025 and the respondent-University has not paid the salary from April 2025 to June 2025, the learned counsel for the respondent has undertakes to pay the salary from April 2025 to June 2025. His undertaking is placed on record.
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HC-KAR NC: 2025:KHC:41119 WP No. 11466 of 2025
9. In view of the above discussion, I proceed to pass the following:
ORDER i. The writ petition is dismissed as having become infructuous; ii. The respondents-University are directed to pay the salary to the petitioner for the months from April 2025 to June 2025 within 8 weeks from the date of receipt of a copy of this order.
Sd/- (ASHOK S.KINAGI) JUDGE
PA CT:KHV List No.: 1 Sl No.: 52