- 1 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 200458 OF 2023 (S-REG) C/W WRIT PETITION NO. 200687 OF 2024 (S-REG) IN W.P.No. 200458 OF 2023 BETWEEN: 1. DR. ANSUYA KADAM D/O MALLIKARJUN KADAM, AGED ABOUT 49 YEARS, OCC:GUEST LECTURER IN THE DEPARTMENT OF WOMEN’S STUDIES, GULBARGA UNIVERSITY, KALABURAGI. 2. DR. UDAYAKUMAR, S/O SHARANAPPA RAWOORKAR, AGED ABOUT 49 YEARS, OCC:GUEST LECTURER IN THE DEPARTMENT OF WOMEN’S STUDIES, GULBARGA UNIVERSITY, GULBARGA-585 103. 3. DR.VIDHYADHAR.N, NAGANAHALLI, S/O SHIVASHARANAPPA.,AGED ABOUT 45 YEARS, OCC:GUEST LECTURERE IN THE DEPARTMENT OF WOMEN’S STUDIES GULBARGA UNIVERSITY, GULBARGA 585 103 R/O KUVEMPU NAGAR,PLOT No.7 ® *Page No.1 retyped and replaced vide chamber order dated:04.06.2025. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 NEAR ASIAN MOHAL,GULBARGA-585 102 …PETITIONERS (BY SRI. S.P.KULKARNI., SENIOR COUNSEL FOR SRI. G.G.CHAGASHETTI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, EDUCATION DEPARTMENT(HIGHER EDUCATION) M.S.BUILDING, BANGALORE-01. 2. THE VICE CHANCELLOR GULBARGA UNIVERSITY KALABURAGI. 3. THE REGISTRAR GULBARGA UNIVERSITY, KALABURAGI-585 102. 4. THE CHAIRMAN, HEAD OF THE DEPARTMENT OFWOMEN’S STUDIES, GULBARGA UNIVERSITY, KALABURAGI-585 106. 5. THE GULBARGA UNIVERSITY JNANA GANGA,KALABURAGI-585 106 REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SMT.ARATI PATIL, AGA FOR R-1; SRI. SUDARSHAN.M., ADVOCATE FOR R-2 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE IMPUGNED CIRCULAR DATED 07.01.2023 ISSUED BY THE 3RD RESPONDENT IN No.GUK/ADM-1/GL/2022-23/2585 PRODUCED AT ANNEXURE-N, IN SO FAR AS RECRUITMENT FOR THE POST OF GUEST LECTURERS IN THE DEPARTMENT OF WOMENs - 3 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 STUDIES (MAIN CAMPUS) GULBARGA UNIVERSITY KALABURAGI IN PLACE OF PETITIONERS, ETC. IN W.P.No. 200687 OF 2024: BETWEEN: 1. DR. ANSUYA KADAM D/O MALLIKARJUN KADAM,AGED ABOUT 49 YEARS, OCC:GUEST LECTURER IN THE DEPARTMENT OF WOMEN’S STUDIES, GULBARGA UNIVERSITY, KALABURAGI. 2. DR. UDAYAKUMAR,S/O SHARANAPPA RAWOORKAR, AGED ABOUT 48 YEARS, OCC:GUEST LECTURER IN THE DEPARTMENT OF WOMEN’S STUDIES, GULBARGA UNIVERSITY, GULBARGA-585 103. 3. DR.VIDHYADHAR.N NAGANAHALLI, S/O SHIVASHARANAPPA,AGED ABOUT 45 YEARS, OCC:GUEST LECTURERE IN THE DEPARTMENT OF WOMEN’S STUDIES GULBARGA UNIVERSITY, GULBARGA 585 103 R/O KUVEMPU NAGAR,PLOT No.7 NEAR ASIAN MOHAL,GULBARGA-585 102 …PETITIONERS (BY SRI. S.P.KULKARNI., SENIOR COUNSEL FOR SRI. G.G.CHAGASHETTI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, EDUCATION DEPARTMENT (HIGHER EDUCATION) M.S.BUILDING, BANGALORE-01. - 4 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 2. THE VICE CHANCELLOR GULBARGA UNIVERSITY , KALABURAGI-585102. 3. THE REGISTRAR GULBARGA UNIVERSITY, KALABURAGI-585 102. 4. THE CHAIRMAN, HEAD OF THE DEPARTMENT OF WOMEN’S STUDIES, GULBARGA UNIVERSITY, KALABURAGI-585 106. …RESPONDENTS (BY SMT.ARATI PATIL, AGA FOR R-1; SRI. SUDARSHAN.M., ADVOCATE FOR R-2 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, ISSUED A WRIT OF CERTIORARI OR ANY OTHER WIRT OF ORDER OR DIRECTION, QUASHING THE ENDORSEMENT/ORDER DATED 12.01.2024 ISSUED VIDE No.GUK/Adm-1/2023-24/1555 BY THE SECOND RESPONDENT HEREIN BEING ARBITRARY ERRORNEOUS, ILLEGAL AND OPPOSED TO LAW EQUITY AND JUSTICE(ANNEXURE-R), ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 17.01.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR JUSTICE N S SANJAY GOWDA - 5 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 CAV ORDER 1. These petitions are by Dr.Ansuya Kadam, Dr.Udayakumar, Dr.Vidhyadhar S. N., who state that they were appointed as Guest Lecturers in the year 2003 and 2005, and have rendered services as Guest Lecturers for more than 15 years and, hence they were entitled to be regularized. 2. The petitioners have produced service certificates to indicate the length of their service and, the details of the certificate produced are as follows: Petitioner Date 1st petitioner (Anusuya Kadam) a.2003 to 2004 b.15.07.2004 to 01.02.2005 c.02.02.2005 to 31.02.2005 d.01.10.2005 to 15.11.2005 and 29.12.2005 to 31.03.2006 e.02.01.2007 to 21.04.2007 f. 15.10.2007 to 15.05.2008 g.07.08.2008 to 25.11.2008 and 01.01.2009 to 16.05.2009 h.2010-11 - 6 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 i. 2011 to 2014 j.2014 to 2016 2nd Petitioner (Udaya Kumar Rawookar) a.2003 to 2004 b.01.09.2004 to 31.03.2005. c.26.08.2009 to 17.12.2009 and 13.01.2010 to 30.04.2010 d.20.10.2010 to 15.12.2010 e.07.10.2011 to 23.12.2011 and 01.02.2012 to 31.05.2012 f. 04.08.2012 to 31.05.2013 g. 16.08.2013 to 31.05.2014 h. 16.08.2014 to 06.06.2015 i.17.08.2015 to 31.05.2016 j. 01.08.2016 to 17.05.2017 3rdPetitioner (VidyadharNaganahalli) a. 2005 to 2006 b. 2006 to 2007 c. 2008 to 2009 d.26.08.2009 to 17.12.2009 and 13.01.2010 to 30.04.2009 e.07.10.2011 to 23.12.2011 and 01.02.2012 to 31.05.2012 f.08.09.2010 to 25.11.2010 and 24.01.2011 to 25.05.2011 - 7 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 g. 2011 to 2014 h. 2014 to 2016 3. This Court, vide order dated 03.09.2024, directed the Third Respondent to pay salaries for the period 2022–23, leading to an inference that the services were indeed obtained from the petitioners from 2017 onwards. Therefore, upon a cumulative consideration of the facts, it is evident that the petitioners have been engaged in service from 2003 – 2017 & 2017- 2023, amounting to nearly 15 years of service. 4. It is their case that they had submitted several representations to regularize their services and had approached this Court when they went unconsidered and a Co-ordinate Bench of this Court had issued a direction to consider said representations in W.P.No.207758-760/2017 within a period of four months. They contend that the University has not considered their representations, and on the other hand, they had proceeded to issue a notification - 8 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 calling for recruitment of the various posts including the posts held by the petitioners. 5. The petitioners are therefore before this Court challenging the notifications issued by the University on 07.01.2023, whereby applications have been called for the appointment of the guest lecturers for the various Departments of the University including the post to which the petitioners had also been appointed, and had rendered service for more than 15 years. 6. The petitioners are also seeking a direction to be issued to the University Authorities to regularize their services as lecturers in light of the direction that has been issued in W.P.No.207758-760/2017. 7. The petitioners contend that a person named K.S. Malipatil, was engaged under similar terms of appointment in the Department of Social Work at Kalaburagi University, and he had served as a - 9 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 Temporary Lecturer since 1984 and as a Guest Lecturer since 1988. It is stated that in view of the length of his service, the University passed a resolution regularizing his appointment. However, the said resolution was annulled by the State Government, prompting said Malipatil to file W.P. No. 237/2001. The Hon’ble Court, vide its order dated 07.03.2003, set aside the decision of the State Government and remanded the matter for fresh consideration. 8. This order of the Co-ordinate Bench was challenged in W.A.No.4100/2003 and, said Writ Appeal was disposed of by the Division Bench confirming the order of the Single Judge and issued a direction to the University to take into consideration the irregularities/illegalities pointed out by the State Government in its order and then pass the fresh order in accordance with law. - 10 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 9. The University, thereafter, reconsidered the case of K.S.Malipatil and confirmed his service as a permanent lecturer in the Department of Social Work. Therefore, the petitioners contend that their case would also have to be considered on the same lines and their services should also be regularized. 10. It may be pertinent to state here that this assertion made regarding the regularization pertaining to K.S.Malipatil is not refuted by the University in its counter and the University merely states that said appointment would not be applicable to the case of the petitioners. 11. The University has entered appearance and has filed its objections and admits the qualifications of the petitioners' but seeks to contend that the petitioners would not be entitled to seek regularization. 12. It is stated that the services of the petitioners were engaged as guest lecturers and that there were clear - 11 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 break periods during their engagement as the guest lecturers and hence, it cannot be construed as continuous service. It is stated that the petitioners were given clear appointment orders only as guest lecturers and they cannot therefore seek regularization. The contention of the petitioners that they have completed 15 years of continuous service is denied. 13. It is also stated that the statutes have also been framed by the Universities in light of the provisions of the Karnataka State Universities Act and these statutes prescribe parameters for assessing the candidates based on academic record, domain knowledge, research potential, performance in interview, teaching skills and the University is also required to follow the roster and reserve posts for persons eligible for reservation. 14. It is stated that the University would have to follow the procedure prescribed under Sections 53 to 56 of - 12 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 the Karnataka Universities Act, 2000 for appointment of Assistant Professors, which clearly stipulate the manner in which appointments are to be made and since the petitioners have not been appointed as per the provisions of the Act or the statutes framed under the provisions of the Act, they cannot be granted regularization. 15. 15. It is the case of the University that it had basically appointed the petitioners as the guest lecturers to cope-up with the additional teaching work for the academic year and hence, they cannot claim regularization. It is also contended that since the petitioners have sought regularization of their appointments, they would have to possess all the minimum qualifications prescribed by the University Grants Commission (“UGC”) & other related statutes. 16. It is stated that in respect of W.P.No.51342/2016 relating to a case pertaining to Mysore University wherein one Dr.Kantharaju M. had sought - 13 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 regularization and this petition was partly allowed, as against which Mysore University has preferred a writ appeal in W.A.No.1461/2019, and this writ appeal is still pending consideration. 17. The University, however, admits that it has not framed a statute for regularizing the services of the guest lecturers and the prior permission of the Government was also needed for passing such orders of regularization. It is stated that the University has considered the request of the petitioners for regularization and rejected the same vide endorsement dated 12.01.2024. It is lastly stated that the question of filling of the vacant posts was under consideration of the Government. It is therefore contended that the prayer sought in this writ petition would not survive for consideration. 18. The petitioners, in response, contended that they had also been appointed as Examiners & Senior Supervisors of Examinations and the manner in - 14 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 which work was extracted from them would clearly establish, beyond all reasonable doubt, that they were always considered as regular lecturers and were also given work that was to be given to regular lecturers, though they were given the nomenclature ‘Guest Lecturers’. 19. It is also contended that the petitioners were assigned hostel warden duties over the years for more than 17 years, and this work was the work which was carried by the regular faculty and this also established that they were always considered as regular lecturers. 20. It is also contended that there were sanctioned posts under the statutes of the University and, as a matter of fact, there was one vacant post of Associate Professor, and two vacant posts of Assistant Professors are available in the Department and since the petitioners have rendered more than 15 years of service, they would have to be regularized. - 15 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 21. On 12.09.2024, the Registrar (Administration) of the University filed an affidavit wherein he stated that the petitioners were working as guest lecturers as per the UGC guidelines issued from time to time. It is stated that the UGC had sanctioned three posts for the Department of Women’s Studies and, out of these, two posts were that of Assistant Professors, against which petitioners have been appointed and have continuously rendered service as guest lecturers. It is stated that till 2022-23 and 2023-24, the petitioners have been continuously working as the guest lecturers in compliance of the interim order granted in this writ petition and are accordingly paid remuneration for the work done. 22. It is noticed that as per UGC Guidelines, the number of Guest Faculty to be appointed can be up to 20% over and above the sanctioned posts. However, the University’s action in appointing the petitioners, against 20% of the 2 sanctioned posts (since 20% of - 16 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 2 would be less than 0.5), is in violation of these guidelines. 23. This Court, on 12.09.2024, observed that if the guidelines do not permit the appointment of Guest Faculty in excess of 20% of the sanctioned posts, the only alternative would be to increase the sanctioned posts and fill the same up by means of regular recruitment process. 24. It was also noticed that the University was taking advantage of the financial weakness of the guest lecturers, and it had continued the practice of engaging guest lecturers for a long time, which, by itself, indicated the manner in which Guest Lecturers were being exploited. It was also observed that this practice was not only detrimental for the Guest Lecturers, but also for students and, therefore, the Principal Secretary of Higher Education was called upon to make a statement as to why sanctioned - 17 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 posts were not appropriately increased and why regular recruitment had not been undertaken. 25. The Principal Secretary appeared through video conference and thereafter, also filed a memo on 26.09.2024 wherein he indicated the number of sanctioned posts existing as on the date in the Department of Higher Education (Collegiate Education) and the Kalburgi University. The said details are as follows: I. Department of Higher Education (Collegiate Education) Sl.Nos. Total Sanctioned Posts in the Department Sanctioned Posts Working Posts Vacant Posts 1. Principal Grade – 2 38 - 38 2. Principal Grade – 1 374 - 374 3. Lecturers 7187 6289 898 Total 7599 6289 1310 - 18 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 II. Details as provided by the Gulbarga University: Sl.Nos. Total Sanctioned Posts in the University (by Statutes) Sanctioned Posts Working Posts Vacant Posts 1. Assistant Professors 124 30 94 2. Associate Professors 56 05 51 3. Professors 26 02 24 Total 206 37 169 26. As could be seen from the above, as against the total 7,599 sanctioned posts, there only 6,289 working posts and the remaining 1,310 posts were vacant in the entire Department of the Higher Education. Insofar as the Kalburgi University is concerned, there are 206 sanctioned posts, out of which 37 are working posts and remaining 169 posts are vacant. 27. It is thus clear that there are indeed a large number of vacant posts, even amongst the sanctioned posts. In the case of Kalburgi University, as per this memo, as against the sanctioned posts of 124 posts only 30 - 19 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 posts had been filled up and there were 94 vacant posts. In other words, nearly 75% of the sanctioned posts are unfilled. 28. In respect of the workload which was assigned to the permanent faculty and the guest faculty, the following tabular column (produced as Annexure R3 in the memo dated 26.09.2024) is provided: 1. Department of Higher Education (Collegiate Education) Total workload available for 51 subjects in 440 colleges 251109 hours/week Total workload allotted to 6100 permanent faculty 91711 hours/week Remaining workload for which Guest Faculty 159398 hours/week Number of Guest Faculty Appointed (for academic year 2023-24) 10600 Number Of Guest Faculty for which FD approval is obtained 11000 29. As could be seen from the above, for the total of 51 subjects in 440 colleges, the workload is 2,51,109 hours per week, out of which only 91,711 hours per week was being discharged by the permanent faculty - 20 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 and the remaining work load of 1,59,398 hours per week was being discharged by the guest faculty. 30. In other words, the work load of the guest faculty was nearly 63% of the entire workload and they were discharging nearly twice the workload of the permanent faculty. This simple but glaring fact, by itself, indicates that the guest faculty are made to work nearly twice as much as the permanent faculty, while being paid a fraction of their salaries. 31. It is also seen from the above tabular column that for the academic year 2023-24, the Department had approved appointment of 11,000 guest faculty and, in lieu of this approval, 10,600 guest faculty have been rendering their services. If, it is noticed that the sanctioned posts were only 7,599 for the entire Department and yet the number of guest faculty appointed was nearly 11,000, this would basically mean that the number of guest lecturers outnumber the permanent faculty by more than 3,500 posts. - 21 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 32. To put it in a different perspective, the guest faculty exceeds the permanent faculty by nearly more than 40%. Further, the work load discharged by the guest faculty was also nearly twice that of the permanent faculty. This would therefore mean that the majority of the work load was being discharged by the guest faculty and not by the permanent faculty. 33. The Principal Secretary has also provided details in respect of the Kalburgi University as follows: 2. Details are provided by Gulbarga University The Guests lecturers are appointed against the sanctioned posts and on the basis of workload in the existing departments of Kalburgi University. Full time: 91 Part Time: 83 Total: 174 34. As could be seen from the above table, the Principal Secretary has stated that 91 full-time guest lecturers and 83 part-time guest lecturers, have been - 22 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 appointed, thereby meaning a total of 174 guest lecturers have been in the Kalburgi University. 35. It is to be noticed here that the number of sanctioned posts for the post of Assistant Professor was only 124, out of which there are only 30 working posts, thereby creating a vacancy of 94 posts. Taking into consideration the full-time and part-time guest lecturers i.e., 91 and 83 posts respectively, this would also indicate that guest faculty are three times more than the sanctioned permanent faculty. This establishes the fact that the University is being manned principally by guest lecturers and not by the permanent faculty. 36. The Principal Secretary has filed relevant records stating that said allocation of posts by the UGC, creation of posts, increase of posts and grant-in-aid was subject to the prior concurrence of the Finance Department. - 23 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 37. The Principal Secretary has also narrated the reasons for appointment of guest faculty in the following manner: “10. The reasons/justification for the appointment of guest faculty in the department are as follows: a. Increased Number of Colleges: To increase the access of college education for students from socially and economically backward classes, the number of degree colleges has been increased. b. Admission to All: All eligible students are given admission to degree courses in Government Colleges and University. Hence, number of students studying in Government Colleges and University is steadily increasing”. 38. In a nutshell, the justification given is that the guest faculties are required to meet the excess workload created due to increase in the establishment number of colleges and in order to provide collegiate - 24 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 education access to socially and economically backward classes. 39. It is also stated that prior concurrence with the Finance Department has to be taken to fill the vacant posts and the same is being given in phases. 40. The University is justifying its practice of appointing Guest faculty is with the goal of increasing the access to collegiate education to the students belonging to the socially and economically backward classes. It is obvious that this is only a ruse to save money and give the pretense of providing collegiate education to all. It is obvious that this practice of engaging guest lecturers is to take advantage of the situation where a fraction of the wages can be paid to the guest faculty as compared to larger pay that would have to be paid to the permanent faculty. This practice is not only utterly exploitative in nature but is also in blatant contravention of the Constitutional principle - 25 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 of ‘Equal Pay for Equal Work’ evolved by the Supreme Court in a large number of decisions. 41. In fact, the UGC Guidelines produced by the University would, by itself, indicate that the guest faculty is to be paid a maximum remuneration of Rs.50,000/- per month. Thus, a guest lecturer who discharges the same work as a regularly appointed lecturer is being paid a far lesser sum as compared to sums paid as wages to such regularly appointed lecturer. 42. It is also stated in the affidavit dated 12.09.2024 that there are two sanctioned posts of Assistant Professor, and that there are no working posts, thereby meaning that no person is engaged in the sanctioned posts in the Department of Women’s Studies. It may be pertinent to state here that the petitioners are all working as the guest lecturers in this Department. - 26 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 43. To summarize, it is clear from the pleadings and the statements made during the pendency of this writ petition that the University and the Department have engaged in the practice of hiring of guest lecturers, and these guest lecturers constitute nearly twice that of the total strength of the permanent faculty (in Kalburgi University) and, the work load being discharged by them is nearly twice the total work discharged by the permanent faculty. This would basically mean that the University is imparting education mainly through the work being discharged by the guest lecturers and not by the work discharged by the permanent faculty. 44. In order to examine the legality of the entitlement of the petitioners to claim the relief sought in the writ petitions, a brief overview of the provisions of the University Grants Commission Act, 1956 (“the UGC Act”), the Karnataka State Universities Act, 2000 as - 27 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 well as the Regulations made thereunder would be necessary. 45. The UGC Act was enacted to make a provision for the co-ordination and determination of standards in Universities. The Act contemplates that a Commission be constituted, which is to be entrusted with the statutory function to take all such steps as would be necessary for the promotion and co- ordination of University education, and also for determination and maintenance of standards of teaching, examination and research in the Universities. The Commission is empowered to enquire into the financial needs of the Universities and also to allocate and disburse the funds of the Commission to Universities. 46. Section 14 of the UGC Act stipulates the consequences of failure of the Universities to comply with the recommendation of the Commission and it states that if any University were to contravene the - 28 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 Regulations framed by it or the provisions of Rules, the UGC is empowered to withhold its grants. 47. Thus, if the University does not comply with the recommendations or contravenes the Rules and Regulations framed by the UGC, the University would be exposed to the possibility of the funds being withheld. 48. Section 26 of the UGC Act enables the Commission to make regulations. Section 26(e) and 26(g) provide for regulations to be framed to define the qualifications that are required for the teaching staff to be appointed as well as for regulating and maintenance of standards and co-ordination of work for facilitating the functioning of these Universities. 49. The UGC is thus empowered to make regulations which define the qualification necessary for appointing the teaching staff and for maintenance of - 29 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 standards, and if these regulations are contravened, the UGC would be entitled to withhold its funds. 50. The UGC—in exercise of its powers under Sections 26(1)(e) and (g)—has framed the UGC Regulations on Minimum Qualifications For Appointment of Teachers and Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education, 2018 (“the UGC Regulations”). 51. Regulation 1.2 of the said Regulations makes it clear that the regulations would apply to every University established or formed, even under a State Act. 52. The UGC Regulations provide for the manner in which a Professor or Principal, an Associate Professor, and an Assistant Professor are required to be recruited. It also prescribes the qualifications that they should possess, and there are different qualifications prescribed for different subjects. - 30 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 53. It may, however, be pertinent to notice here that there is no provision under the UGC Regulations which permits the appointment of a Guest Lecturer or a Guest Faculty. In fact, the Regulations do not state, even indirectly, that Guest Lecturers can be appointed by Universities. In short, there is no express provision under the statutory Regulations which would enable a University to appoint a Guest Lecturer or a Guest Faculty. 54. Regulation 13 of 2018 Regulations, however, provides for 'Appointments on Contract Basis' and the same reads as follows- "13. Appointments on Contract Basis - The teachers should be appointed on contract basis only when it is absolutely necessary and when the student-teacher ratio does not satisfy the laid-down norms. In any case, the number of such appointments should not exceed 10% of the total number of faculty positions in a College- University. The qualifications and selection - 31 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 procedure for appointing them should be the same as those applicable to a regularly- appointed teacher. The fixed emoluments paid to such contract teachers should not be less than the monthly gross salary of a regularly-appointed Assistant Professor. Such appointments should not be made initially for more than one academic session, and the performance of any such entrant teacher should be reviewed for academic performance before reappointing him/her on contract basis for another session. Such appointments on contract basis may also be resorted to when absolutely necessary to fill vacancies arising due to maternity leave, child-care leave, etc." 55. As could be seen from Regulation 13.1, a Teacher can be appointed on contract basis only when it is absolutely necessary and when the student-teacher ratio does not satisfy the laid down norms for appointing regular Assistant Professors and even when they are appointed, the number of such appointments should not exceed 10% of the total number of faculty positions in a College or University. - 32 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 56. It may also be pertinent to notice here that the appointment on contract basis under Regulation 13.1 contemplates that the qualifications and the selection procedure for appointment should be the same and, more importantly, the fixed emoluments to be paid to such contract teachers should not be less than the monthly gross salary of a regularly appointed Assistant Professor. It is therefore clear that the contractual appointment of a teacher should be on fixed emoluments on par with the monthly gross salary of a regularly appointed Assistant Professor. 57. This Regulation also stipulates that the contractual appointments should not be made for more than one academic session and the purpose of any such entrant teacher should be reviewed for academic performance before re-appointing her/him on contract basis. 58. Since Regulation 13.1 permits teachers to be appointed on contract basis on a fixed emolument on - 33 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 par with regularly recruited teachers, it is manifestly obvious that the appointment of a Guest Lecturer cannot be equated to an appointment made on contract basis. The fact that the Regulation contemplates payment of fixed emoluments which should be on par with the regularly appointed employees and since the Guest Lecturers are being paid per session and not by way of a fixed emolument, the appointment of a Guest Lecturer or Guest Faculty cannot be traceable to the power available under Regulation 13. 59. The stipulation that they would be entitled to a maximum number of Rs.50,000/- per month would not also amount to payment of fixed emoluments, because that amount only signifies the maximum that they can be paid and they are essentially paid for every lecture that they provide. Since the contract Lecturers are admittedly not paid the same emoluments as regularly appointed Teachers, the - 34 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 reliance on Regulation 13, if any, would be untenable. 60. It may be pertinent to state here that before the UGC Regulations 2018 were framed, there were similar Regulations framed in the year 2010 and even in those Regulations, the same provision is found. 61. In fact, the only reference that can be found in the Regulations is regarding the 'counting of past services for direct recruitment and for promotion under Career Advancement Scheme' found in Regulation 10. 62. Regulation 10 sub-clause (e) contains the expression, ‘the previous appointment was not as Guest Lecturer for any duration’. Thus, in respect of counting of past services for direct recruitment and promotion under CAS, any appointment as a Guest Lecturer would not count, thereby implying that the services of a Guest Lecturer would not be of any - 35 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 significance and will not be taken into consideration even as having some experience as a Lecturer. 63. In other words, if a person is appointed as a Guest Lecturer, the experience that they had garnered as a Guest Lecturer would be of no avail for the purposes of recruiting them. This would therefore mean that a Guest Lecturer, as the names suggests, is only a person who is invited to give a lecture as a Guest (temporarily) and a Guest Lecturer cannot be a person appointed on a regular basis or be called upon to discharge the regular work. The appointment of a Guest Lecturer who is required to work for a minimum and maximum number of hours per week cannot, therefore, be considered as a Regular Lecturer. 64. If a Guest Lecturer is appointed and is asked to render lectures to his wards for one complete academic year, by no stretch of imagination can he be considered as a Guest Faculty who has been - 36 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 invited to give a lecture at that University. As the name suggests, a Guest Lecturer is somebody, who has been invited to give a lecture and it cannot be a person who is appointed and who is obligated to give a lecture to the students for a specified numbers of hours per week. The University is, in fact, misusing this nomenclature to extract regular work from a Lecturer and, at the same time, paying him a fraction of the sum that a regular Lecturer would get under the Regulations. 65. Having regard to the fact that the UGC Regulations do not expressly permit the appointment of a Guest Lecturer for any specified period of time, fundamentally, the University cannot appoint anybody as a Guest Lecturer. 66. Reliance is, however, sought to be placed on the Guidelines said to have been issued by the UGC to justify the appointment of Guest Lecturers or part time Teachers. - 37 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 67. Both the Guidelines of February, 2010 and 28th January, 2019 issued in this regard are essentially the same, except for a change in the amounts and hence, the latest Guidelines i.e., the Guidelines of the year 2019 is being reproduced: “The Guest Faculty be appointed only against sanctioned post. However, for the universities where the sanctioned posts are not adequate as per the teaching working load, the number of Guest Faculty to be appointed can be up to 20% over and above the sanctioned posts”. 68. As could be seen from the above paragraph of the Guidelines, it categorically states that the Guest Faculty can be appointed only against the sanctioned posts. It further goes on to state that in Universities—where the sanctioned posts are not adequate as per the prescribed workload—the number of Guest Faculty to be appointed can only be 20% over and above the sanctioned posts. This would, therefore, indicate that appointing a Guest Faculty, even according to the Guidelines, can only - 38 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 be against the sanctioned posts and in case there is an increased work load to an extent of 20% over and above the sanctioned posts, Guest Faculty can then be appointed. 69. As could also be seen from the above, the qualification for Guest Faculty would have to be same as those prescribed for regular Assistant Professors and the selection procedure would also be the same as was stipulated for appointing Assistant Professors. 70. Clause 5 makes a distinction that Guest Faculty would not be treated as a regular teacher for the purpose of voting or for becoming a member of any body of the University. This would therefore indicate that any person appointed as Guest Faculty would be a person who possesses the same qualification as a regular Assistant Professor and is also recruited in the same manner as a regularly recruited Assistant Professor. - 39 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 71. As could be noticed from the Memos filed by the Principal Secretary, the Guest Lecturers are, in fact, discharging more work than the regularly appointed Assistant Professors and, in essence, they are the ones who are discharging a major chunk of the burden of imparting education to the Students as compared to the regularly appointed Assistant Professors. 72. The Karnataka State Universities Act, 2000 was enacted with the objective of replacing the enactment relating to the State Universities by means of a comprehensive enactment. The statement of objects and reasons of the Act indicates that a Commission had been constituted to review the working of the Universities and to make recommendations and pursuant to the recommendations made therein, it was found expedient to effect certain structural alterations in - 40 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 the Universities and, as a consequence, the Act was enacted in the year 2001. 73. The Act has been divided into XIV Chapters. Chapter VIII deals with ‘Appointment of Teachers and other Employees of the University’. 74. Section 53 of the Karnataka State Universities Act, 2000 deals with ‘Appointment of Teachers, Librarians’ and reads as follows: “53. Appointment of Teachers, Librarians.- (1) There shall be a Board of Appointment for selection of persons for appointment as teachers and librarians in the University, (2) Every such Board for selection,- (a) to the post of Professors, Readers and Assistant Professors and Librarian shall consist of, (i)The Vice-Chancellor-ex-officio Chairman. (ii)The Chairman of the Departmental Council concerned, if he is a Professor and if he is not a Professor, a Professor from the same Department, and if there is no Professor, a Professor in the concerned Department from any other University in the State nominated by the Chancellor, on the recommendation of the State Government: - 41 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 Provided that if no such Professor is available in any of the universities in the State, such Professor in the concerned Department from a Central Institute within the State or from a university in any other State shall be nominated. (iii) Four experts to be nominated by the Chancellor on the recommendation of the State Government from among the persons serving in any University of the State or any other institutions recognised by the State Government of whom one shall be a person belonging to Scheduled Castes or Scheduled Tribes and another to Other Backward Classes: Provided that if such persons are not available in any of the Universities in the State, such persons serving in any other University in India shall be nominated. (b) to the post of Lecturers shall consist of,- (i) Vice-Chancellor-ex-officio Chairman. (ii) three experts to be nominated by the State Government of whom one shall be a person belonging to the Scheduled Castes or Scheduled Tribes and another to Other Backward Classes from out of the panel of the University Grant Commission. (iii) the Chairman of the Departmental Council concerned, if he is a Professor and if he is not a Professor, a Professor in the same Department and in case there is no Professor in the Department, a Professor in any other university in the State in the same Department to be nominated by the State Government and where no such Professor is available in any - 42 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 university in the State, such Professor in the concerned Department from a Central Institute within the State or from a University in any other State to be nominated by the State Government. (iv) One Professor from any other university in the State to be nominated by the Chancellor on the recommendation of the State Government (3) The Registrar shall be the Member- Secretary of the Board. (4) Every post of Professor, Librarian, Reader, Assistant Professor or Lecturer to be filled by selection shall be widely advertised together with the minimum and other qualifications, experience, the scale of pay, the number of posts, the last date for receipt of applications and classification of vacancies among Scheduled Castes, Scheduled Tribes and Other Backward Classes: Provided that such of the teachers who are already in the services of the University who possess minimum qualification and fulfill other requirements specified in the advertisement shall also be called for interview and their cases shall be considered on par with the other applicants. (5) The quorum for a meeting of the Board shall be four of whom in the case of selections to the post of Professors, Assistant Professor Librarian and Readers, at least two shall be experts and in the case of selection to the other posts, at least one shall be an expert; (6) The Board shall interview and adjudge the merit of each candidate by awarding the marks - 43 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 in accordance with the qualifications advertised, possessed and the performance in the interview. The manner of interview shall be as prescribed by the statute. (7) The Board shall prepare a list of persons selected and arranged in the order of merit, the merit being determined on the basis of percentage of marks obtained in the qualifying examinations, weightage awarded for the higher qualification and the marks secured in the interview. The select list shall be forwarded to the Syndicate which shall consider and approve the same. Thereafter the Syndicate shall make appointments by operating the select list form among the candidates selected and arranged in the order of merit: Provided that in case of difference of opinion between the Syndicate and the Board of Appointment and, where it is of the opinion that the list does not satisfy the provisions of the Act or the Statutes or the guidelines issued from time to time by the University Grants Commission or the All India Council for Technical Education or National Council for Teacher Education or similar statutory authorities, it shall refer the matter back to the Board for fresh interview and selection: Provided further that the State Government may suo motu take cognisance of the difference between the Board and the Syndicate and shall decide, the matter which shall be final. (8) In preparing the list under sub-section (7), the Board of Appointment shall follow the orders issued by the State Government from time to time in the matter of reservation of appointments and posts, for the persons - 44 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes. (9) Whenever any new subject is introduced in the University or any new Department is established, the appointment of Professors, Readers, Assistant Professors and Lecturers in such a subject or Department, as the case may be, shall be made under the provisions of this section. (10) Notwithstanding anything contained in the preceding sub-sections, the Syndicate shall be competent to invite on the recommendation of the Vice-Chancellor a person of high academic distinction and professional attainments to accept the post of visiting Professor in the University on such terms and conditions as may be mutually agreed upon, which shall not be more than ten such visiting Professors at any given time”. 75. As could be seen from the above, the provisions basically indicate that there should be a Board of Appointment for selection of Teachers and Librarians, and it stipulates the members who are required to constitute the Board. 76. It also stipulates that every post is required to be filled up on the basis of selection after the post is widely advertised by prescribing minimum and other requisite qualifications, experience etc. The Board of - 45 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 Selections would have to interview and judge the merit of each candidate by awarding marks and assessing the performance in interview and the Board is, thereafter, required to prepare a list and arrange them in the order of merit. 77. Sub-section (9) of Section 53 makes it clear that whenever a new subject is introduced in the University or any new Department is established, the appointment of the faculty for such a subject or Department would be as provided under Section 53. 78. Sub-section (10) makes an exception to sub-sections (1) and (9) and permits the Syndicate to invite on the recommendation of the Vice-Chancellor a person of highacademic distinction and professional attainments to accept the post of visiting Professors. 79. Thus, Section 53 contemplates only appointment of Regular Professors, Readers, Assistant Professors or Librarians or Lecturers and it does not mention or - 46 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 permit the appointment of any Guest Lecturers. The only exception would be for requesting a person of high academic distinction to accept the post of a Visiting Professor. 80. Section 551 of the Karnataka Universities Act, 2000 deals with ‘Appointment to part-time posts’. This Section also states that for appointment of part-time Lecturers, Assistant Professors, Readers, and 155. Appointment to part-time posts.- (1) There shall be a Board of Appointment for selecting persons for appointment as part-time Lecturers, Assistant Professors, Readers and Professors in the University. The Board shall consist of,- (i) the Vice-Chancellor- ex-officio Chairman; (ii) two experts nominated by the Chancellor; (iii) the Head of the Department concerned; (iv) the Secretary to the Government of Karnataka in charge of Higher Education or his nominee not below the rank of a Deputy Secretary; (v) the Registrar- who shall be the Member-Secretary: (vi) The Director of Social Welfare or his nominee not below the rank of a Deputy Director; (vii) The Director of Backward Classes and minorities, or his nominee not below the rank of a Deputy Director. (viii) The Director of Women and Child Development or her nominee not below the rank of a Deputy Director: Provided that for appointment to any post in the Law Colleges the two experts on the Board shall be the Advocate General in Karnataka and the Secretary to Government of Karnataka, Department of Parliamentary Affairs and Legislation. (2) Every part-time post shall be widely advertised with all necessary particulars and shall be filled by selection after interviewing the candidates. (3) The quorum for a meeting of the Board shall be three. (4) The Board shall prepare a list of persons selected and forward the list to the Syndicate which shall make the appointment. (5) No part time appointment shall be made for any period exceeding one year. - 47 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 Professors in a University, there should be a Board and said Board should consist of the officials mentioned therein and even for this part-time post, there should be wide advertisement and the selection is to be made after interviewing the candidates. 81. Sub-section (5) of Section 55 declares that no part- time appointment should be made for any period exceeding one year. Thus, a part-time appointment would be an appointment which is made for a period of less than a year. 82. Section 56 deals with the ‘temporary appointment’, which starts with a non obstante clause, and states that a Vice Chancellor may make temporary appointments for not more than one year to the posts of Lecturers and such non-teaching staff as may be specified in the statutes where such posts are either temporary or appointments to such posts cannot be made in accordance with Sections 53, 54, 55 and 57 without delay. Temporary appointments - 48 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 should only be made against sanctioned posts and in the manner prescribed in the statutes. 83. It is therefore clear that a temporary appointment is an appointment which should not exceed one year and Section 56 empowers the Vice Chancellor to make temporary appointments only to the posts of Lecturers and such other non-teaching staff in respect of which the statutes indicate that the posts are temporary or the Vice-Chancellor can make appointments where such appointments cannot be made without delay. In any event, a temporary appointment cannot be for a period more than one year. 84. It is to be kept in mind that the Chapter pertaining to the appointment of Teachers and other employees of the Universities i.e., Chapter-VII does not provide for appointment of a Guest Lecturer who is being paid a fixed sum for lecture and subject to a maximum amount. - 49 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 85. Part-time appointments or temporary appointments can only be made if the person so appointed possesses the same qualifications as that of a regular teacher and in the same manner as a regular teacher is appointed. They would thus be entitled to the same pay, even if they are appointed either on a part-time basis or as a temporary Lecturer. 86. Viewed from any angle, there is no provision under this Act which enables the University to appoint any person as Guest Faculty and pay them only a fixed sum per lecture. 87. Unfortunately, in this case, as could be seen from the Service Certificates issued to the petitioners, the petitioners have been asked to discharge the work of regular lecturers—albeit in the name of Guest Lecturers—for periods in excess of 15 years. The University has basically extracted work from the petitioners for virtually their entire working life, if not at least for a major and the most productive part of - 50 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 their work life by paying them a fraction of the sum that they would pay to a regular employee. 88. The Memos filed by the Principal Secretary also confirm the fact that this pernicious practice of appointing the Guest Lecturers is a method adopted by Universities and tacitly approved by the State, which has been designed to extract the work from duly qualified Lecturers by paying them a fraction of the amounts that they actually deserve. 89. The principle of ‘equal pay for equal work’ is a constitutional safeguard which is now well settled and cannot be ignored or transgressed upon. If a person—who has the same qualifications as that of a regular Lecturer—is discharging the same work as that of a Lecturer, paying such a person only a fixed sum for lectures and fixing a maximum that they can get every mensem would be a glaring contravention of this constitutional principle. This practice of the University in appointing Guest Lecturers is - 51 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 constitutionally and morally unacceptable, and is an exploitative practice which requires to be deprecated in the strongest possible terms. 90. The Hon’ble Supreme Court in the case of Vinod Kumar v. Union of India2 held that: “The pervasive misuse of temporary employment contracts, as exemplified in this case, reflects a broader systemic issue that adversely affects workers' rights and job security. In the private sector, the rise of the gig economy has led to an increase in precarious employment arrangements, often characterized by lack of benefits, job security, and fair treatment. Such practices have been criticized for exploiting workers and undermining labour standards. Government institutions, entrusted with upholding the principles of fairness and justice, bear an even greater responsibility to avoid such exploitative employment practices. When public sector entities engage in misuse of temporary contracts, it not only mirrors the detrimental trends observed in the gig economy but also 2VinodKumar v. Union of India - (2024) 9 SCC 327 - 52 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 sets a concerning precedent that can erode public trust in governmental operations. It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long-term obligations owed to employees. These practices manifest in several ways: Misuse of “Temporary” Labels: Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labelled as “temporary” or “contractual,” even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks. Arbitrary Termination: Temporary employees are frequently dismissed without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state of constant insecurity, regardless of the quality or duration of theirservice. - 53 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 Lack of Career Progression: Temporary Employees often find themselves excluded from opportunities for skill development, promotions, orincremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant. Using Outsourcing as a Shield: Institutions increasingly resort to outsourcing roles performed by temporary employees, effectively replacing oneset of exploited workers with another. This practice not only perpetuates exploitation but also demonstrates a deliberate effort to by pass the obligation to offer regular employment”. 91. In a nutshell, the Apex Court has opined that different practices adopted by the State to get over its liability to make regular recruitment’s, including the practice of outsourcing and making appointments of contract basis should not be approved and has come down heavily on the State. 92. Unfortunately, in this case, this appears to have become the practice adopted by the University and approved by the State for over a period of 15 years. Such an unfair and immoral practice would - 54 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 necessarily have several effects on the entire community as a whole. 93. It is to be kept in mind that if a duly qualified Assistant Professor is not provided the same emoluments as that of a regularly appointed Lecturer and if his tenure is limited to one academic year with a condition that he will not earn more than a specified sum, his interest to impart education to students would be minimum, his desire and zeal to work would be minimal and would only be towards giving such number of lectures which would enable him to garner the maximum amount that is possible for that month. 94. If an Assistant Professor is discharging his duties only with the objective of securing the maximum amount, without there being beneficial prospects to his career, his output as a Lecturer would definitely not be of high caliber and this would, in turn, reflect on the quality of education that he is imparting. This - 55 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 would then result in a drastic reduction of the quality of education being imparted to students, depriving them of the very important ability to face real-world challenges. This would not only be against settled Constitutional principles, but would also result in gross violation of a student’s constitutional right to quality education. 95. In this view of the matter, it would therefore be necessary to issue appropriate directions to the Government to ensure that this process of appointing Guest Faculty is stopped immediately and permanently. Accordingly, the following directions are issued: a. Henceforth, the State Government and Universities shall not appoint any persons as Guest Lecturers, and Universities shall recruit regular Assistant Professors forthwith in accordance with the UGC Regulations to suit their requirements. - 56 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 b. The State Government shall take into consideration the requisite number of Assistant Professors that are required to be appointed, keeping in mind the amount of workload that the Assistant Professors (Lecturers) and the Guest Lecturers are discharging and accord sanction to the said posts. c. The State Government shall ensure that adequate number of Assistant Professor (Lecturer) posts are sanctioned, and immediate steps are taken to recruit Assistant Professors. d. Until regular recruitments are made as aforesaid, the persons working as Guest Lecturers shall be permitted to continue. e. Until said regular recruitments are made by the University, the persons working as Guest Lecturers shall be entitled to salary on par with permanent Lecturers of the same cadre—in - 57 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 compliance with the principle of ‘equal pay for equal work’. f. The persons who are working as Guest Lecturers shall be entitled to participate in the regular recruitment and they shall not be rendered ineligible because they are over the age criteria, and they shall be given due weightage for the services that they have rendered as Guest Lecturers when their claims are considered. They shall also be paid the same emoluments that are paid to the regularly appointed Lecturers. g. If, for any reason, the University is required to appoint any persons by terming them as a Guest Faculty, such appointments shall carry with them the obligation of paying Guest Faculty so appointed the same emoluments as being paid to regularly appointed Assistant Professors. - 58 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 96. As far as the relief to be granted to the petitioners in this case is concerned, having regard to the fact that the petitioners have discharged their services as Guest Lecturers for periods in excess of 15 years—as a one time measure—it would be appropriate to direct their services to be regularized from the date they completed ten years of service as Guest Lecturers and they be paid all consequential monetary benefits immediately. 97. This is obviously because the University has appointed them on the ground that they possessed the requisite qualifications and also because they have been repeatedly appointed virtually every year for more than 15 years, and work from them has also been extracted as if they are regularly appointed lecturers. 98. The services rendered by the petitioners for each academic year shall be construed as rendering one complete year of service. - 59 - NC: 2025:KHC-K:2599 WP No. 200458 of 2023 C/W WP No. 200687 of 2024 99. These Writ Petitions are, accordingly, allowed. 100. In view of the disposal of the writ petitions, all pending interlocutory applications, if any, stand disposed of. Sd/- (N.S.SANJAY GOWDA) JUDGE GSR/HNM List No.: 19 Sl No.: 5