Karnataka High Court
Dr. H.Kumaraswamy And Ors vs The State Of Karnataka & Anr on 9 September, 2020
Author: Nataraj Rangaswamy
Bench: Krishna S.Dixit, Nataraj Rangaswamy
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 09TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT
W.P.No.226108/2020 (S-REG)
Between:
1. Dr.H.Kumaraswamy S/o Iyyappa.K
Age:47 years, Occ: Guest Lecturer
At Govt. First Grade College
Vijayapura-586101
Tq and Dist: Vijayapura.
2. Shobha D/o Basappa Janagond
Age: 40 years,Occ: Guest Lecturer
At Govt. First Grade College
Managuli-586122
Tq: Basavanabagewadi
Dist: Vijayapura.
3. Renuka D/o Shankar Hebbal
Age: 40 years, Occ: Guest Lecturer
At Govt. First Grade College
Basavanabagewadi -586203.
Tq: Basavanabagewadi, Dist: Vijayapura.
4. Prabhudeva S/o Veerabhadrayya Salimath
Age:42 years, Occ: Guest Lecturer
Devanampriya Ashok Govt. First Grade College
Maski-584124, Tq: Maski, Dist: Raichur.
5. Ashwini Budur
Age:42 years, Occ: Guest Lecturer
2
Devanampriya Ashok
Govt.First Grade College
Maski-584124
Tq: Maski, Dist: Raichur
6. Channappa S/o Sharanappa
Age: 43 years, Occ: Guest Lecturer
Devanampriya Ashok
Govt.First Grade College
Maski-584124
Tq: Maski, Dist: Raichur.
7. Shakeera Banu Kittur
Age: 41 years, Occ: Guest Lecturer
At Govt. First Grade College
Vijayapura-586101
Tq and Dist: Vijayapura.
8. Sangappa S/o Prabhu Choudhari
Age: 52 years, Occ: Guest Lecturer
At Govt. First Grade College
Mamadapura-586113
Tq and Dist: Vijayapura.
9. Anand Jeevaje Kulkarni
Age: 51 years, Occ: Guest Lecturer
At Govt.First Grade College
Vijayapura-586101
Tq and Dist: Vijayapura
10. Shivappa S/o Irappa Yambhatnal
Age: 49 Years, Occ: Guest Lecturer
At Govt. First Grade College Vijayapura-586101
Tq. And Dist. Vijayapura
11. Chandrashekhar S/o Yamanappa Hangaragi
Age: 39 Years, Occ: Guest Lecturer
At Channamallappa Channaveerappa Hebbal
Govt. First Grade College, Golasangi-586216
Tq. Basavanabagewadi, Dist. Vijayapura
3
12. Anand S/o Shivamurtayya Hiremath
Age: 41 Years, Occ: Guest Lecturer
At Govt. First Grade College, Vijayapura-586101
Tq. And Dist. Vijayapura
13. Ramesh S/o Kamagond Teli
Age: 39 Years, Occ: Guest Lecturer
At Govt. First Grade College Mamadapur-586113
Tq. And Dist. Vijayapura
14. Suresh S/o Maridevappa Hadapad
Age: 37 Years, Occ: Guest Lecturer
Devanampriya Ashok Govt. First Grade College
Maski-584 124, Tq. Maski
Dist. Raichur
... Petitioners
(By Sri Basavaraj R.Math, Advocate)
And:
1. The State of Karnataka
Reptd. By its Prl. Secretary
Dept. of Education (Higher Education)
M.S. Building, Dr. Ambedkar Veedhi
Bengaluru-560001
2. The Commissioner of Collegiate Education
Dept. of Collegiate Education
2nd Floor, DTE Building
Palace Road, Bengaluru-560001
... Respondents
(By Smt. Anuradha M. Desai, GA)
This writ petition is filed under Articles 226 & 227 of
the Constitution of India, praying to issue an appropriate
direction by directing the respondents to regularize the
services of the petitioners on permanent basis in the Post of
Assistant Professors in Karnataka University of their
4
respective Institution by declaring that the petitioners are
entitled for regularization/absorption on permanent basis
and etc.
This petition coming on for Preliminary Hearing in 'B'
Group this day, the court made the following:-
ORDER
The subject matter of this writ petition involving grievance as to non-regularization of services of the petitioners is broadly covered by the judgment dated 23.04.2019 entered by the learned Co-ordinate Judge of this court at Principal Bench in cognate case between Dr. Kantaharaju M. vs. The State and Ors. in W.P.Nos.51342/2016 (S-RES) & connected matters, a copy whereof is at Annexure-C to the writ petition.
2. The learned Government Advocate appearing for the respondents vehemently opposed the writ petition contending that the right of regularization or absorption is severely restricted by Apex Court decision in State of Karnataka & Ors. vs. Umadevi & Ors., (2006) 4 SCC 1; however the learned counsel for the 5 petitioners points out that since Umadevi, law has marched from April to June of its life and that what was a key whole at para-53 of Umadevi case has been widened precedent by precedent which aspect has been considered by the learned Co-ordinate Judge in the above judgment; there is a lot of force in the submission; that being the position there is no reason to keep this matter pending delaying the justice to the petitioners, if not denying.
In the above circumstances, this writ petition is succeeds in part; a writ of mandamus issues to the respondents to consider the case of petitioners for regularization/absorption within the parameters of aforesaid judgment of the Co-ordinate Bench and in accordance with law, preferably within an outer limit of three months; the respondents are directed not to discontinue the services of the petitioners, and not to 6 alter their service conditions prejudicially till after such consideration takes place.
It is open to the answering respondents to solicit any information or documents from the side of the petitioners as are necessary for such consideration, however subject to the rider that in the guise of solicitation, no delay shall be brooked.
Cost made easy.
Sd/-
JUDGE BL