- 1 - HC-KAR NC: 2026:KHC:10412 WP No. 19538 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19538 OF 2024 (S-RES) BETWEEN: DR D JAYADEVEGOWDA S/O LATE H N DODDEGOWDA AGED ABOUT 62 YEARS RETIRED ASSOCIATE PROFESSOR (POLITICAL SCIENCE) A V KANTHAMMA COLLEGE FOR WOMEN HASSAN R/O NO 585, “AJANTHA”, 2ND MAIN ROAD KHB EXTEN, SATHYAMANGALA HASSAN DISTRICT, HASSAN. …PETITIONER (BY SRI. H M UMESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION (HIGHER) M S BUILDING, BENGALURU-560001. 2. THE COMMISSIONER DEPT. OF COLLEGIATE EDUCATION PALACE ROAD, BENGAURU-560001. 3. THE DIRECTOR FOR COLLEGIATE EDUCATION PALACE ROAD, BENGALURU-560001. 4. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10412 WP No. 19538 of 2024 MYSURU DIVISION MYSORE-570005. 5. THE MALNAD TECHNICAL INSTITUTION (R) REPTD. BY ITS SECRETARY M G ROAD, HASSAN-573201. 6. A V KANTHAMMA COLLEGE FOR WOMEN REPTD. BY ITS PRINCIPAL VIJAYA BHAVAN BUILDING HASSAN DISTRICT, HASSAN-573201 …RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1 TO R4: SERVICE OF NOTICE TO R5 & R6 ARE DISPENSED WITH V/O DATED: 25.09.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION IN THE NATURE OF WRIT QUASHING / SET ASIDE THE ORDER BEARING NO. KASHIE/86/MANAVI/MYVI/2019-20/NEVI-2 DATED: 30.03.2024 PASSED BY THE R-2 VIDE ANNEXURE-T THE SAME IS BEING ARBITRARY ERRONEOUS AND OPPOSE TO LAW EQUITY AND JUSTICE AND THE PETITIONER IS ENTITLED TO ALL CONSEQUENTIAL BENEFITS 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 This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the endorsement dated 30.03.2024 vide Annexure-T, issued by the Additional Director of Collegiate Education, whereby the - 3 - HC-KAR NC: 2026:KHC:10412 WP No. 19538 of 2024 request of the petitioner for extension of the benefit of retrospective regularization of the post with effect from 05.08.1995 and for notional fixation of pay scale with effect from 29.09.2000 has been rejected. 2. The case of the petitioner is that he was working as a Stop-Gap Lecturer in Political Science from 1990 at respondent - A.V. Kanthamma College for Women. On the basis of the Rules framed by the Government for absorption of Stop-Gap Lecturers, the petitioner’s services were absorbed on 23.10.2002 vide Annexure-C. Since the petitioner’s service was regularized only from the date of issuance of Annexure-C, he submitted a representation dated 04.01.2006 vide Annexure-G seeking extension of the benefit of retrospective regularization with effect from 05.08.1995 and notional fixation of pay scale with effect from 29.09.2000. As his representation was not considered, he approached this Court by filing W.P. No.10454/2022. This Court, by order dated 21.11.2023 vide Annexure-Q, disposed of the writ petition directing - 4 - HC-KAR NC: 2026:KHC:10412 WP No. 19538 of 2024 the respondents to consider the representation of the petitioner in accordance with law. Thereafter, the impugned endorsement has been issued. Hence, the petitioner is before this Court. 3. The learned counsel for the petitioner contended that the case of a similarly situated person, namely Smt. Shyla Nagaraj, History Lecturer, was considered and she was granted the benefit from the date of her regularization. In view of the same, on 31.01.2020, the Joint Director recommended the case of the petitioner to the second respondent – Commissioner, to modify the regularization order of the petitioner on par with that of Smt.Shyla Nagaraj. Despite the said recommendation, and without considering the same, the impugned endorsement has been issued. 4. The petitioner was working as a Stop-Gap Lecturer from 1990. His case for regularization was recommended in the year 1995, and he was regularized by order dated - 5 - HC-KAR NC: 2026:KHC:10412 WP No. 19538 of 2024 23.10.2002 vide Annexure-C with prospective effect. Hence, the petitioner submitted a representation seeking extension of the benefit of regularization of his post with effect from 05.08.1995 and notional fixation of pay scale with effect from 29.09.2000. 5. The case of a similarly situated lecturer, namely Smt. Shyla Nagaraj, History Lecturer, was also considered. Her service was regularized on 08.12.2000. Subsequently, by order dated 12.01.2004, her regularization order was modified and given retrospective effect. Based on the representation of the petitioner, the Joint Director recommended to the Commissioner that the petitioner’s case also be considered for retrospective regularization. 6. Even this Court, in W.P. No.10454/2022 disposed of on 21.11.2023 vide Annexure-Q, directed the respondents to consider the case of the petitioner in the light of the case of his co-employee. While issuing the impugned endorsement vide Annexure-T, there is no - 6 - HC-KAR NC: 2026:KHC:10412 WP No. 19538 of 2024 reference to the recommendation made by the Joint Director. The impugned endorsement has been issued without considering the materials available on record and without application of mind. Hence, the same is liable to be quashed. 7. Accordingly, the following order: (i) The writ petition is allowed. (ii) The impugned endorsement dated 30.03.2024 vide Annexure-T is quashed. (iii) The second respondent is directed to consider the representation of the petitioner in accordance with law, in any event, within three months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 41