Karnataka High Court
Rekha R Naik D/O Rajendra Naik vs The State Of Karnataka on 1 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:9594
WP No. 105342 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.105342 OF 2025 (S-REG)
BETWEEN:
1. REKHA R NAIK
D/O. RAJENDRA NAIK,
AGED ABOUT 43 YEARS, OCC. LECTURE,
R/O. UPPARKERI, 3RD CROSS,
KUNTA TALUK-581332,
UTTARA KANNADA DISTRICT.
2. BASAVARAJ BANAKAR
S/O. SIDDAPPA,
AGED ABOUT 53 YEARS, OCC. LECTURE,
R/O. H.NO.3254 WARD 14,
SUBHASH NAGAR, SANDUR-583119
BALLARI DISTRICT.
VN
BADIGER
Digitally signed by V N
3. RAMACHANDRAPPA K
BADIGER
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.08.07 12:00:41
+0530
S/O. KENCHAPPA S K,
AGED ABOUT 46 YEARS, OCC. LECTURE,
R/O. YALODANAHALLI ROAD,,
DAGINAKATTE, POST: CHANNAGIRI-577551,
DAVANAGERE DISTRICT.
4. MINAXI N PATIL
W/O. NILKANTH KALE,
AGED ABOUT 51 YEARS, OCC. LECTURE,
R/O. SHAHUNAGAR, GUNJABHALKI-585401,
BIDAR DISTRICT.
5. SUDHARSHANA P SANTOSHKAR
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WP No. 105342 of 2025
HC-KAR
W/O. PRASHANT SANTOSHKAR,
AGED ABOUT 44 YEARS, OCC. LECTURE,
R/O. HUNASGER, HUMNABAD TALUK-585353,
BIDAR DISTRICT.
...PETITIONERS
(BY SRI. PRAVEEN TARIKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE EDUCATION,
SHESHADRI ROAD, BANGALORE-560001.
3. THE UNIVERSITY GRAN COMMISSION
REP. BY ITS SECRETARY,
BAHADUR SHAH ZAFAR MARG,
NEW DELHI-110002.
4. THE PRINCIPAL
GOVERNMENT ARTS AND SCIENCE COLLEGE,
KARWAR TALUK-581304,
UTTARA KANNADA DISTRICT.
5. THE PRINCIPAL
JAPP GOVERNMENT FIRST GRADE COLLEGE,
HAGARIBOMMANHALLI-583202,
VIJAYANAGAR DISTRICT.
6. THE PRINCIPAL
JANATHA GOVERNMENT FIRST GRADE COLLEGE,
BASAVAPATNA, CHANNAGIRI TALUK-577551,
DAVANAGERE DISTRICT.
7. THE PRINCIPAL
GOVERNMENT FIRST GRADE COLLEGE,
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NC: 2025:KHC-D:9594
WP No. 105342 of 2025
HC-KAR
YADGIRI DISTRICT-585290.
8. THE PRINCIPAL
GOVERNMENT OF FIRST GRADE COLLEGE,
BASAVAKALYAN, BIDAR DISTRICT-585290.
...RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1, 2 AND 4 TO 8;
SRI. ANOOP DESHPANDE, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT,
ORDER OF DIRECTIONS IN THE NATURE OF CERTIORARI,
QUASHING THE IMPUGNED NOTIFICATION BEARING NO.
KASHIE/NEVI-1/AOOAA/28/2025-26 DATED 25.06.2025
ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-G AS
ARBITRARY, ILLEGAL AND NOT SUSTAINABLE II. ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO HOLD THE M.PHIL/MASTERS DEGREE
QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO
11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT
PROFESSOR / LECTURERS AND III. HOLD THE ACTION OF
RESPONDENTS IN DECLARING THE PETITIONERS WHO HAVE
POSSESSED ONLY M.PHIL/MASTERS DEGREE QUALIFICATION
PRIOR TO 11.07.2009 WITHOUT NET /SLET / PH.D., AS
INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR /
LECTURER, FOR THE ACADEMIC YEAR 2025-26 AS ARBITRARY,
ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND. IV.
DIRECT THE RESPONDENTS TO CONSIDER THE
M.PHIL/MASTERS DEGREE QUALIFICATION OBTAINED BY THE
PETITIONERS PRIOR TO 11.07.2009 AS PER UGC
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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 AND. V. DIRECT THE
RESPONDENTS 1 AND 2 TO CONTINUE THE SERVICES OF THE
PETITIONERS AS GUEST LECTURERS WITHOUT REPLACING
THEM BY ANOTHER SET OF GUEST LECTURERS IN TERMS OF
THE LAW LAID DOWN BY THE HON'BLE SUPREME COURT OF
INDIA IN CASE OF STATE OF HARYANA VS., PIARA SINGH
AND. VI. DIRECT THE RESPONDENTS 1 AND 2 TO REGULARIZE
THE SERVICES OF THE PETITIONERS AS THEY HAVE BEEN IN
CONTINUOUS SERVICE FROM 10 TO 15 YEARS AND EXTEND
ALL THE BENEFITS ARISING OUT OF THE SAID
REGULARIZATION AND. VII. GRANT SUCH OTHER RELIEF/S AS
DEEMS FIT BY THIS HON'BLE COURT CONSIDERING THE FACTS
AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned Additional Government Advocate accepts notice for respondent Nos.1, 2, and 4 to 8. -5-
NC: 2025:KHC-D:9594 WP No. 105342 of 2025 HC-KAR Sri. Anoop Deshpande, learned counsel, is directed to accept notice for Respondent No.3.
2. The petitioners are before this Court seeking the following reliefs:
i. Issue a writ, order of directions in the nature of certiorari, quashing the impugned notification bearing no. KaShiE/NeVi- 1/AOoAa/28/2025-26 dated 25.06.2025 issued by 2nd respondent vide Annexure-G as arbitrary, illegal and not sustainable.
ii. Issue a writ in the nature of Mandamus directing the respondents to hold the M.Phil/Masters degree qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor / Lecturers.
iii. Hold the action of respondents in declaring the petitioners who have possessed only M.Phil/Masters Degree qualification prior to 11.07.2009 without NET /SLET / Ph.D., as ineligible to hold the post of Assistant Professor / Lecturer, for the academic year 2025-26 as arbitrary, illegal and not sustainable in the eye of law.
iv. Direct the respondents to consider the M.Phil/Masters Degree Qualification obtained by the petitioners prior to 11.07.2009 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 and.
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NC: 2025:KHC-D:9594 WP No. 105342 of 2025 HC-KAR v. Direct the respondents 1 and 2 to continue the services of the petitioners as guest lecturers without replacing them by another set of guest lecturers in terms of the law laid down by the Hon'ble Supreme Court of India in case of state of Haryana vs., Piara Singh.
vi. Direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 15 years and extend all the benefits arising out of the said regularization and. vii. Grant such other relief/s as deems fit by this Hon'ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity.
3. Learned counsel for the petitioners has filed a memo restricting the relief sought in the writ petition to prayer Nos. V and VI. The prayers at Roman Nos. I to IV are given up, and accordingly, they stand deleted. The petitioners shall make a necessary endorsement to that effect in the records.
4. The grievance of the petitioners is that, despite rendering continuous service as guest lecturers for over 10 to 15 years, their cases for regularisation have not been considered by the respondents. It is submitted that if their services were to be considered for regularisation, -7- NC: 2025:KHC-D:9594 WP No. 105342 of 2025 HC-KAR the process of conducting fresh interviews for the same posts would become redundant.
5. There appears to be substance in the submission made by the learned counsel for the petitioner. The petitioners have served for a considerable period, and no material is placed before this Court to show any complaints or adverse remarks with respect to their competency or conduct.
6. Under such circumstances, the petitioners ought to have been considered regularisation of the services of the Petitioners, so long as they satisfy all other requirements, and after that for the remaining vacancies the respondents ought to have proceeded with a fresh recruitment process.
7. In light of the above observations, the following order is passed:
ORDER I. The writ petition is partly allowed.
II. Respondent Nos. 1 and 2 are directed to continue the services of the petitioners as -8- NC: 2025:KHC-D:9594 WP No. 105342 of 2025 HC-KAR guest lecturers until the process of regularization is duly considered and concluded, in accordance with law.
III. The respondents are further directed to consider the case of the petitioners for regularization, subject to their eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts.
IV. All pending interlocutory applications, if any, stand disposed of.
Sd/-
(SURAJ GOVINDARAJ) JUDGE VB CT:PA LIST NO.: 1 SL NO.: 111