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Karnataka High Court

Pradeep S/O Veerabhadrappa Palled vs The State Of Karnataka on 12 August, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                 -1-
                                                          NC: 2025:KHC-D:10135
                                                        WP No. 104971 of 2025


                      HC-KAR



                                  IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                               DATED THIS THE 12TH DAY OF AUGUST, 2025

                                               BEFORE

                            THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

                             WRIT PETITION NO.104971 OF 2025 (S-REG)

                      BETWEEN:

                      1.   PRADEEP S/O VEERABHADRAPPA PALLED
                           AGE: 40 YEARS, OCC: GUEST LECTURER AT
                           GOVT FIRST GRADE COLLEGE, ALAVANDI,
                           KOPPAL-583226, TQ AND DIST: KOPPAL.

                      2.   RAGHAVENDRA S/O NINGAPPA
                           AGE: 32 YEARS, OCC: GUEST LECTURER AT
                           GOVT FIRST GRADE COLLEGE, ALAVANDI,
                           KOPPAL-583226, TQ AND DIST: KOPPAL.

                      3.   JUBEDA BEGUM D/O MD.IBRAHIM B
                           AGE: 43 YEARS, OCC: GUEST LECTURER AT
Digitally signed by
                           GOVT FIRST GRADE COLLEGE, SEDAM-585222,
ASHPAK
KASHIMSA
                           TQ: SEDAM, DIST: KALABURAGI.
MALAGALADINNI              R/O: GADAG TQ AND DIST: GADAG-582101
Location: High
Court of
Karnataka,
Dharwad Bench,        4.   RUBEENA BEGUM D/O BASHEERUDDIN
Dharwad
                           AGE: 38 YEARS, OCC: GUEST LECTURER AT
                           GOVT FIRST GRADE COLLEGE, SHORAPUR-585224
                           TQ: SHORAPUR, DIST: YADGIRI.
                           R/O: GADAG TQ AND DIST: GADAG-582101

                      5. HANUMANTHAPPA S/O SAYAPPA
                         AGE: 42 YEARS, OCC: GUEST LECTURER AT
                         SC/ST RESIDENTIAL GOVT FIRST GRADE COLLEGE,
                         MUDNAL, YADGIRI-585202,
                         TQ AND DIST: YADGIRI.
                         R/O: GADAG TQ AND DIST: GADAG-582101
                            -2-
                                    NC: 2025:KHC-D:10135
                                  WP No. 104971 of 2025


HC-KAR




6. IMTIAZ QURRAT FATIMA
   AGE: 35 YEARS, OCC: GUEST LECTURER AT
   GOVT FIRST GRADE COLLEGE, AFZALPUR-585301,
   TQ: AFZALPUR, DIST: KALABURAGI.
   R/O: GADAG TQ AND DIST: GADAG-582101

7.   SHIVARAJ P
     AGE: 44 YEARS, OCC: GUEST LECTURER AT
     GSA GOVT FIRST GRADE COLLEGE, (AUTONOMOUS)
     BALLARI, TQ AND DIST: BALLARI-583101
                                           ...PETITIONERS

(BY SRI. PRUTHVI K S, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     RPTD BY ITS PRL.SECRETARY
     DEPT.OF EDUCATION (HIGHER EDUCATION),
     M.S.BUILDING, DR.AMBEDKAR VEEDHI,
     BENGALURU-560001.

2.   THE COMMISSIONER
     DEPT.OF COLLEGIATE AND TECHNICAL EDUCATION
     SHESHADRI ROAD, BENGALURU-01.

3.   THE UNIVERSITY GRANT COMMISSION (UGC)
     RPTD BY ITS CHAIRMAN
     BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002.

4. THE PRINCIPAL
    GOVT FIRST GRADE COLLEGE, ALAVANDI,
    KOPPAL-583226, TQ AND DIST: KOPPAL.

5. THE PRINCIPAL
   GOVT FIRST GRADE COLLEGE, SEDAM-585222,
   TQ: SEDAM, DIST: KALABURAGI.

6.   THE PRINCIPAL
     GOVT FIRST GRADE COLLEGE, SHORAPUR-585224
                           -3-
                                      NC: 2025:KHC-D:10135
                                    WP No. 104971 of 2025


HC-KAR



     TQ: SHORAPUR, DIST: YADGIRI.

6. THE PRINCIPAL
   SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS)
   COLLEGE, BALLARI-583101, TQ AND DIST: BALLARI.

7.   THE PRINCIPAL
     SC/ST RESIDENTIAL GOVT FIRST GRADE COLLEGE,
     MUDNAL, YADGIRI-585202,
     TQ AND DIST: YADGIRI.

8.   THE PRINCIPAL
     GOVT FIRST GRADE COLLEGE, AFZALPUR-585301,
     TQ: AFZALPUR, DIST: KALABURAGI.
                                        ...RESPONDENTS

(BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R2, R4 TO
R8; ANOOP G. DESHPANDE, ADVOCATE FOR R3)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT
IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED
NOTIFICATION BEARING NO.KASHIE/NEVI-1/AOOAA/99/2024-
25 DATED 02.01.2025 ISSUED BY THE RESPONDENT NO.2
VIDE ANNEXURE-B.B) ISSUE A WRIT IN THE NATURE OF
CERTIORARI BY QUASHING THE IMPUGNED ORDER BEARING
NO.KASHIE/NEVI-1/AOOAA/99/2024-25   DATED    25/4/2025
ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-C.C)
ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING
THE    IMPUGNED    ORDER    BEARING   NO.KASHIE/NEVI-
1/AOOAA/28/2025-26 DATED 25/6/2025 ISSUED BY THE
RESPONDENT NO.2 VIDE ANNEXURE-D.D) 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.E) DECLARING THE PETITIONERS WHO HAVE
POSSESSED ONLY M.PHIL QUALIFICATION PRIOR TO
11/7/2009 WITHOUT NET/SLET/PH.D AS INELIGIBLE TO HOLD
THE POST OF ASSISTANT PROFESSORS/LECTURER FOR THE
ACADEMIC YEAR 2024-25 AS ARBITRARY, ILLEGAL AND NOT
                               -4-
                                          NC: 2025:KHC-D:10135
                                        WP No. 104971 of 2025


HC-KAR



SUSTAINABLE IN THE EYE OF LAW.F) DIRECT THE
RESPONDENTS TO CONSIDER THE M.PHIL QUALIFICATION
OBTAINED BY THE PETITIONERS PRIOR TO 11/7/2009 AS PER
UGC REGULATIONS, 2018 IS THE QUALIFICATION ON PAR
WITH THE CANDIDATES WHO HAVE PASSED NET/SLET/PH.D
EXAMINATIONS AND EXTEND ALL THE BENEFITS WHICH THEY
ARE ENTITLED TO ON PAR WITH THEM.G) DIRECT THE
RESPONDENT NO.1 AND 2 TO CONTINUE THE PETITIONERS AS
GUEST LECTURERS WITHOUT REPLACING THEM BY REGULARLY
SELECTED CANDIDATES IN TERMS OF THE LAW LAID DOWN BY
THE HON BLE HIGH COURT OF KARNATAKA IN MANISH GUPTA
AND ANOTHER VS PRESIDENT JAN BHAGIDARI SAMITHI AND
OTHERS 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.H) 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.I) GRANT SUCH OTHER RELIEF/S AS DEEMS FIT IN
THE CIRCUMSTANCES OF THE CASE AND ALLOW THE WRIT
PETITION WITH COSTS IN THE INTEREST OF JUSTICE AND
EQUITY.


     THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                           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/AOoAa/99/2024-25 dated 02.01.2025 issued by the respondent no.2 vide Annexure-B. -5- NC: 2025:KHC-D:10135 WP No. 104971 of 2025 HC-KAR

b) Issue a writ in the nature of certiorari by quashing the impugned order bearing no. KaShiE/NeVi-1/AOoAa/99/2024-25 dated 25/4/2025 issued by the respondent no.2 vide annexure-c.

c) Issue a writ in the nature of certiorari by quashing the impugned order bearing no. KaShiE/NeVi-1/AOoAa/28/2025-26 dated 25/6/2025 issued by the respondent no.2 vide annexure-d.

d) 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.

e) Declaring the petitioners who have possessed only M.Phil qualification prior to 11/7/2009 without NET/SLET/Ph.D as ineligible to hold the post of assistant professors/lecturer for the academic year 2024-25 as arbitrary, illegal and not sustainable in the eye of law.

f) Direct the respondents to consider the m.phil qualification obtained by the petitioners prior to 11/7/2009 as per UGC regulations, 2018 is the qualification on par with the candidates who have passed NET/SLET/Ph.Dexaminations and extend all the benefits which they are entitled to on par with them.

g) Direct the respondent no.1 and 2 to continue the petitioners as guest lecturers without replacing them by regularly selected candidates in terms of the law laid down by the Hon'ble High Court of Karnataka in Manish Gupta and another vs President Jan Bhagidari Samithi and others and regularize the services of the petitioners who have in continuous service for more than 10 years -6- NC: 2025:KHC-D:10135 WP No. 104971 of 2025 HC-KAR and extend all the benefits arising out of the said regularization.

h) 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.

i) Grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity.

2. The petitioners claim to be the guest lecturers and claim to be aggrieved by a circular which has 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 also 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.

4. The petitioners contended that they have also submitted representations for regularization of the -7- NC: 2025:KHC-D:10135 WP No. 104971 of 2025 HC-KAR services of the petitioners. If that be so, it would be required for the respondents to pass necessary orders thereon prior to the recruitment process. As such, I pass the following:

ORDER i. Writ petition is partly allowed.
ii. The representation submitted by the petitioners for regularization is directed to be considered by the respondents within a period of four weeks from the date of receipt of certified copy of this order.
iii. If the services of the petitioners are not regularized, they were permitted to participate in the recruitment process in terms of the circular dated 02.01.2025 issued by respondent No.2 at Annexure-B. iv. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post.
-8-
NC: 2025:KHC-D:10135 WP No. 104971 of 2025 HC-KAR v. Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed.
vi. Pending I.A. stand disposed.
Sd/-
(SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 2 Sl No.: 42