- 1 - HC-KAR NC: 2026:KHC:9409 WP No. 26489 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26489 OF 2025 (S-RES) BETWEEN: DR. PAVITHRA M AGED ABOUT 40 YEARS D/O MADEGOWDA WORKING AS ASSISTANT PROFESSOR (TEMPORARY) O/O DEPARTMENT OF STUDIES IN MATHEMATICS VIJNAN BHAVAN, KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI, MYSORE-570 006. R/AT NO.3755, II PHASE, VIJAYANAGAR IV STAGE, MYSORE-570032. …PETITIONER (BY SRI.V LAKSHMINARAYAN, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE) AND: 1. THE CHANCELLOR REP. ITS REGISTRAR KARNATAKA STATE OPEN UNIVERSITY RAJ BHAVAN, RAJ BHAVAN ROAD BENGALURU-560 001. 2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA 6TH FLOOR, M.S. BUILDING BENGALURU-560001. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9409 WP No. 26489 of 2025 3. THE VICE CHANCELLOR KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI, MYSORE-570006. 4. THE REGISTRAR, KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI, MYSORE-570006. 5. BOARD OF MANAGEMENT KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI, MYSORE-570006 …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R2: SRI T P RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1 R3 ) TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO REGULARISE THE SERVICES OF THE PETITIONER ON THE PRINCIPLE OF PARITY BY APPLYING THE PRINCIPLE LAID DOWN BY THIS HON’BLE COURT IN W.P. NO: 36509/2019 AS PER ANNEXURE- H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief/s: “a) Issue a Writ of Mandamus directing the respondents to regularise the services of the petitioner on the principle of parity by applying the - 3 - HC-KAR NC: 2026:KHC:9409 WP No. 26489 of 2025 principle laid down by this Hon'ble Court in W.P. No.36509/2019 as per Annexure-H; b) Issue a Writ of Mandamus directing the respondents to pay full salary attached to the post with all admissible allowances which is being paid to the teachers in Dr. P. Manjunatha and others case as affirmed by this Hon'ble Court in W.P. No.36509/2019 as per Annexure-H; c) Direct the respondents to follow the law laid down by the Hon'ble Supreme Court in Lt. Col. Suprita Chandel case reported in 2024 INSC 942 (Annexure- J) which has been followed by the Hon'ble Division Bench of this Hon'ble Court in WP No. 27354/2024 dated 09.06.2025 (Annexure-K); d) Further direct not to discriminate in the matters of regularisation or absorption, including the payment of salary to the petitioner on par with that of other employees working in other subjects of the same University; e) Pass any appropriate writ or orders or any other directions in the circumstances of the case to meet the ends of justice.” 2. The case of the petitioner is that she is serving as an Assistant Professor in the Department of Studies in - 4 - HC-KAR NC: 2026:KHC:9409 WP No. 26489 of 2025 Mathematics at Karnataka State Open University, Mukthagangotri on temporary basis since 2014. Since, she has completed more than 10 years of service, her appointment has not been regularized. Hence, she submitted a representation dated 25.08.2025 vide Annexure-L. Since the representation of the petitioner has not been considered, the petitioner is before this Court. 3. Learned counsel appearing for respondents- University submits that if this Court grants some reasonable time, the representation submitted by the petitioner will be considered in accordance with law and the decision of the respondents will be communicated to the petitioner. 4. Learned senior counsel appearing for the petitioner has submitted that the representation has to be considered in the light of the decision of this Court in W.P.No.36509/2019 disposed of on 12.12.2023 and the judgment of Apex Court in the case of Bhola Nath vs. The - 5 - HC-KAR NC: 2026:KHC:9409 WP No. 26489 of 2025 State of Jharkhand and Ors. in SLP (Civil) No.30762/2024. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. Accordingly, liberty is reserved to the petitioner to file an additional representation enclosing the decision of this Court in W.P.No.36509/2019 disposed of on 12.12.2023 and judgment of Apex Court in the case of ‘Bhola Nath’ (supra) within two weeks from today. 7. Respondents–University is directed to consider the representation dated 25.08.2025 vide Annexure-L and the additional representation, keeping in view the decision of this Court in W.P.No.36509/2019 and the judgment of the Apex Court in ‘Bhola Nath’ (supra), in accordance with law, as expeditiously as possible and not later than three months from the date of receipt of additional representation. - 6 - HC-KAR NC: 2026:KHC:9409 WP No. 26489 of 2025 8. It is further directed that till consideration of such representations of the petitioner, the respondents are directed not to discontinue the petitioner from the service. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 64