Karnataka High Court
Dr Hanumantharaju R vs The State Of Karnataka on 28 February, 2023
-1-
WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 1002 OF 2023 (S-REG)
C/W
WRIT PETITION NO. 2400 OF 2023 (S-RES)
WRIT PETITION NO. 2670 OF 2023 (S-RES)
WRIT PETITION NO. 3015 OF 2023 (S-RES)
WRIT PETITION NO. 3059 OF 2023 (S-RES)
WRIT PETITION NO. 1002 OF 2023
BETWEEN:
1. SRI. MANIKANTA. V
S/O VENKATARAMANASWAMY
AGED ABOUT 31 YEARS
WORKING AS BOTANY GUEST LECTURER
GOVERNMENT FIRST GRADE COLLEGE
Digitally signed by K.R.PURA,
ARUN KUMAR M S
Location: High Court BENGALURU - 560 036.
of Karnataka
2. PRATHIBHA.T.B
D/O K.BYREGOWDA
AGED ABOUT 33 YEARS
WORKING AS BOTANY GUEST LECTURER
GOVERNMENT FIRST GRADE COLLEGE
K.R.PURA
BENGALURU - 560 036.
3. SHAHLA KOUSER
D/O NISAR AHMED
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
AGED ABOUT 33 YEARS
WORKING AS BOTANY GUEST LECTURER
GOVERNMENT FIRST GRADE COLLEGE
K.R.PURA
BENGALURU - 560 036.
...PETITIONERS
(BY SRI. FAYAZ SAB.B.G, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
6TH FLOOR, M.S.BUILDING
BENGALURU - 560 001.
2. THE DIRECTOR OF COLLEGIATE EDUCATION
DR.AMBEDKAR ROAD
SAMPANGI RAMA NAGAR
BENGALURU - 560 001.
3. THE COMMISSIONER OF COLLEGIATE EDUCATION
UNNATHA SHIKSHANA SOUDHA
SHESHADRI ROAD
BENGALURU - 560 001.
4. THE PRINCIPAL
GOVERNMENT FIRST GRADE COLLEGE
K.R.PURA
BENGALURU -560 036.
...RESPONDENTS
(BY SRI. M.S.NAGARAJA, AGA FOR R1 TO R4)
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE CLAIMS OF THESE
PETITIONERS FOR REGULARIZATIONS/ ABSORPTIONS IN THE
POST OF LECTURERS IN THE COLLEGES/INSTITUTIONS RUN
AND MANAGED BY THE RESPONDENTS IN TERMS OF ORDER
DATED 27.07.2021 PASSED IN W.P.NO. 200568/2021 (S-REG)
C/W WP.NO.200563/2021 (S-REG) WHICH IS PRODUCED AND
MARKED AS ANNEXURE -D AND ETC.,
WRIT PETITION NO. 2400 OF 2023
BETWEEN:
SMT. VINAYA.B
W/O ANISH KRISHNA.B
AGED ABOUT 27 YEARS
R/AT SOURABHA HOUSE
NEAR RAGHAVENDRA MATT, KALLARE
PUTUR TALUK
D.K.DISTRICT - 574 201.
PRESENTLY WORKING AT GFGC UPPINANGADY
...PETITIONER
(BY SRI. K.RAVISHANKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BENGALURU - 560 001.
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
2. THE COMMISSIONER
DEPARTMENT OF HIGHER EDUCATION
NO.30, PRASANNAKUMAR BLOCK
BENGALURU CENTRAL UNIVERSITY CAMPUS
Y.RAMACHANDRA ROAD
GANDHINAGAR
BENGALURU - 560 009.
AND ALSO HIGHER EDUCATION SOUDHA
SHESHADRI ROAD, BANGALORE - 560 008.
3. THE JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
MANGALURU ZONE
HAMPANKATTE
MANGALURU
D.K.DISTRICT - 575 001.
4. THE GOVERNMENT FIRST GRADE COLLEGE
REP. BY ITS PRINCIPAL
UPPINGADY POST
PUTTUR TALUK
D.K.DISTRICT - 574 241.
5. THE UNIVERSITY GRANT COMMISSION (UGC)
REP. BY ITS CHAIRMAN
BHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
...RESPONDENTS
(BY SRI. M.S.NAGARAJA, ADVOCATE FOR R1 TO R4;
SRI. H.SHASHIKANTA, ADVOCATE FOR R5)
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION INDIA PRAYING TO QUASH THE
IMPUNGED ORDER DATED 27/01/2023 BEARING NO. ED 18
DCE 2023, BENGALURU ISSUED BY THE 1ST RESPONDENT
PRODUCED VIDE "ANNEXURE - H" TO THE WRIT PETITION AND
ETC.,
WRIT PETITION NO. 2670 OF 2023
BETWEEN:
1. DR. HANUMANTHARAJU.R
S/O RAMACHANDRAPPA
AGED ABOUT 31 YEARS
NO. 123/1, 'CHINNIPATELRU MANE'
KANIMINIKE VILLAGE
KUMBALAGODU POST
KENGERI HOBLI
BANGALORE SOUTH TALUK
BANGALORE URBAN DISTRICT - 560 074
KARNTAKA
ELIGIBILITY: PHD
PRESENTLY WORKING IN GOVERNMENT FIRST
GRADE COLLEGE, PANDAVAPUR, MANDYA
2. BASAVALINGEGOWDA.R
S/O RAMALINGEGOWDA
AGED ABOUT 34 YEARS
UPPARAKANAHALLI VILLAGE
GUDIGENAHALLI POST
KERAGODU HOBLI
MANDYA TALUK AND DISTRICT - 571 416.
KARNATAKA
ELIGIBILITY: NET, K-SET
PRESENTLY WORKING IN GOVERNMENT FIRST
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
GRADE COLLEGE, KOPPA, MADYA.
3. RAMAKRISHNA K
S/O KARITHIMMEGOWDA
AGED ABOUT 37 YEARS
KALLIMELEDODDI VILLAGE
KYATHAGHATTA POST
CHIKKA ARASINAKERE HOBLI
MADDUR TALUK
MANDYA DISTRICT - 571 422.
KARNATAKA.
ELIGIBILITY: NET
PRESENTLY WORKING IN GOVERNMENT FIRST
GRADE COLLEGE, KOPPA, MANDYA.
4. GIREESHA.S.M
S/O MARIMALLAIAH
AGED ABOUT 36 YEARS
SEENAPPANADODDI VILLAGE
KELLAGHATTA POST
KOPPA HOBLI
MADDUR TALUK
MANDYA DISTRICT - 571 419.
KARNATAKA.
ELIGIBILITY: NET, KSET
PREENTLY WORKING IN GOVERNMNET FIRST GRADE
COLLEGE, KOPPA, MANDYA.
(WITHDRAWN VIDE COURT ORDER DATED 7/2/2023
AND DELETED.
AMENDED WITH COURT PERMISSION ON 7/2/2023)
5. DEVARAJU.B.S
S/O SHANKARA.B.S
AGED ABOUT 43 YEARS
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WP No. 3015 of 2023
WP No. 3059 of 2023
391, GOVT AYURVEDA HOSPITAL ROAD
HOSAHOLALU
KRISHNARAJAPET
MANDYA DISTRICT - 571 426.
ELIGIBILITY: M.PHIL
PRESENT WORKING IN BTCG FIRST GRADE
COLLEGE, SOMWARPET KODAGU.
6. SHARADA HEGDE
AGED ABOUT 40 YEARS
139/A NEAR GALIMASTI TEMPLE
HUBLI ROAD, SIRSI
UTTARA KANNADA - 581 402.
PRESENTLY WORKING IN GOVT. FIRST GRADE
COLLEGE, SIRSI, UTTARA KANNADA
...PETITIONERS
(BY SRI. K.RAVISHANKAR, ADVOCATE
V/O DTD:7/2/2023, P4 IS DELETED)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE COMMISSIONER
DEPARTMENT OF HIGHER EDUCATION
NO.30, PRASANNAKUMAR BLOCK
BENGALURU CENTRAL UNIVERSITY CAMPUS
Y.RAMACHANDRA ROAD
GANDHINAGAR
BENGALURU - 560 009
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
3. THE JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
MANGALURU ZONE
HAMPANKATTE
MANGALURU
D.K.DISTRICT - 575 001.
4. THE UNIVERSITY GRANT COMMISSION (UGC)
REP. BY UTS CHAIRMAN
BHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
5. THE GOVERNMENT FIRST GRADE COLLEGE
PANDAVAPURA
REP. BY ITS PRINCIPAL
PANDAVAPURA
MANDYA DISTRICT - 571 434.
6. THE GOVENRMENT FIRST GRADE COLLEGE, KOPPA
REP. BY ITS PRINCIPAL
MADDUR TALUK
MANDYA DISRICT - 57142.
7. THE BTCG FIRST GRADE COLLEGE SOMWARPET
REP. BY ITS PRINCIPAL
SOMWARPET
KODAGU DISTRICT - 571 236.
(DELETED VIDE ORDER DTD.7/2/2023 AND
AMENDED)
8. THE GOVT FIRST GRADE COLLEGE, SIRSI
REP. BY ITS PRINCIPAL
UTTARA KANNADA DISTRICT - 581 401.
...RESPONDENTS
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
(BY SRI. M.S.NAGARAJA, ADVOCATE FOR
R1 TO R3,R5,R6,R8;
SRI.C.SHASHIKANTA, ADVOCATE FOR R4
V/O DTD 7/2/2023, R7 IS DELETED AND ALSO NOTICE TO
R7 STANDS DISPENSED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION INDIA PRAYING TO QUASH THE
IMPUNGED ORDER DATED 27/01/2023 BEARING NO.ED 18 DCE
2023, BENGALURU ISSSUED BY THE 1ST RESPONDENT
PRODUCED VIDE "ANNEXURE-H" TO THE WRIT PETITION AND
ETC.,
WRIT PETITION NO. 3015 OF 2023
BETWEEN:
1. RANJITH NAIK.K.V
C/O VISHWANTH NAIK.K
AGED ABOUT 29 YEARS
R/AT VISHWAPARVATHI MANSION
KUKKARABETTU
NETLAMUDNUR
BANTWAL TALUK
D.K DISTRICT - 574 253.
PRESENTLY WORKING AT GOVERNMENT FIRST
GRADE COLLEGE, KANYANA
2. SHANTHAMANI.R
W/O SUDANANDA.P
AGED ABOUT 43 YEARS
R/AT II-44/3
SHIVAKRIPA HOUSE
PERUVAJE VILLAGE
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WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
SULLIA TALUK
D.K.DISTRICT - 574 212.
PRESENTLY WORKING AT DR.K.SHIVARAMA
KARANTHA GFGC, BELLARE.
3. PALLAVI VINAYAK MADIWAL
D/O VINAYAK MADIWAL
AGED ABOUT 29 YEARS
#ROYALKERI, HONNAVAR
HONNAVAR POST
UTTARA KANNADA DISTRICT
KARNATAKA - 58134.
PRESENTLY WORKING IN GOVERNMENT FIRST
GRADE COLLEGE,BYNDOOR.
4. DHARMASHEELA.A.M
W/O A.A.AJITH
AGED ABOUT 56 YEARS
R/AT 214, 7TH BLOCK
GANDHINAGAR, VIRAJPET
KODAGU DISTRICT - 571 218.
PRESENTLY WORKING AT GOVERNMENT FIRST
GRADE COLLEGE,VIRAJPET
5. SHRUTHI
D/O PADMANABHA ACHAR
AGED ABOUT 31 YEARS
R/AT ASODU POST
KUNDAPURA TALUK
UDUPI DISTRICT - 576 222.
PRESENTLY WORKING AT S.K.V.M.S. GOVT FIRST
GRADE COLLEGE, KUNDAPURA
6. NATARAJA.J
S/O JAVARAIAH
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C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
AGED ABOUT 39 YEARS
R/AT NEAR NYAYABELE ANGADI
SADHASHIVANAGRA
HUNSUR TOWN
MYSURU DISTRICT - 571 105.
PRESENTLY WORKING AT GOVERNMENT FIRST
GRADE COLLEGE, VIRAJPET
7. GIRISHA.C
S/O CHIKKANNA
AGED ABOUT 39 YEARS
R/AT HULIKERE VILLAGE
SHRAVANABELAGOLA HOBLI
SHRIRANGAPATNA TALUK
MANDYA DISTRICT - 571 606.
PRESENTLY WORKING AT GOVERNMENT FIRST
GRADE COLLEGE, SHRIRANGAPATNA
8. USHA.H.S
W/O GIRISH.B.D
AGED ABOUT 30 YEARS
R/AT TIMMANAHALLI VILLAGE
NERLIGE POST
ARASIKERE TALUKU
HASSAN - 573 125.
PRESENTLY WORKING AT GOVERNMENT FIRST
GRADE COLLEGE, JAVAGAL
...PETITIONERS
(BY SRI. K.RAVISHANKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE COMMISSIONER
DEPARTMENT OF HIGHER EDUCATION
NO.30, PRASANNAKUMAR BLOCK
BENGALURU CENTRAL UNIVERSITY CAMPUS
Y.RAMACHANDRA ROAD
GANDHINAGAR
BENGALURU - 560 009.
3. THE JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
MANGALURU ZONE
HAMPANKATTE
MANGALURU
D.K.DISTRICT - 575 001.
4. THE UNIVERSITY GRANT COMMISSION (UGC)
REP. BY ITS CHAIRMAN
BHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
5. THE GOVERNMENT FIRST GRADE COLLEGE KANYANA
REP. BY ITS PRINCIPAL
KANYANA POST
D.K. DISTRICT - 574 279.
6. THE DR. K.SHIVARAMA KARANTHA GFGC BELLARE
REP. BY ITS PRINCIPAL
BELLARE POST
SULLIA TALUK
D.K.DISTRICT - 574 241.
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C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
7. THE GOVENRMENT FIRST GRADE COLLEGE
BYNDOOR
REP. BY ITS PRINCIPAL
VIDYANAGAR
BYNDOOR TALUK
UDUPI DISTRICT - 576 214.
8. THE GOVT FIRST GRADE COLLEGE VIRAJPET
REP. BY ITS PRINCIPAL
VIRAJPET
KODAGU DISTRICT - 571 218.
9. SHRI. K.V.M.S. FIRST GRADE COLLEGE KUNDAPURA
REP. BY ITS PRINCIPAL
KOTESHWARA POST
UDUPI DISTRICT - 576 222.
10. THE GOVERNMENT FIRST GRADE COLLEGE
SHRIRANGAPATNA
REP. BY ITS PRINCIPAL
SHRIRANGAPATNA
MANDYA DISTRICT - 571 438.
11. THE GOVT FIRST GRADE COLLEGE JAVAGAL
REP. BY ITS PRINCIPAL
HASSAN DISTRICT - 573 125.
...RESPONDENTS
(BY SRI. M.S.NAGARAJA, AGA FOR R1 TO R3
SRI. C.SHASHIKANTA, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION INDIA PRAYING TO QUASH THE
IMPUNGED ORDER DATED 27/01/2023 BEARING NO.ED 18 DCE
2023, BENGALURU ISSUED BY THE 1ST RESPONDENT
- 14 -
WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
PRODUCED VIDE "ANNEXURE-H" TO THE WRIT PETITION AND
ETC.,
WRIT PETITION NO. 3059 OF 2023
BETWEEN:
1. MADHU K.R.
S/O RANGASWAMY.
AGED ABOUT 34 YEARS.
R/AT KYATHANAHALLI VILLAGE,
HARADANAHALLI POST, HALEKOTE HOBLI
HOLENARSIPURA TALUK, HASSAN DISTRICT-573211
PRESENTLY WORKING IN HARADANAHALLI MODEL
RESIDENTIAL COLLEGE
WOMEN'S FIRST GRADE COLLEGE, HARADANAHALLI
EXPERIENCE: 5 YEARS 10 MONTHS APPROXIMATELY
SHEERIN TAJ W/O SYED JABBAR
2.
AGED ABOUT 33 YEARS R/AT MALLIPATTANA ROAD
BOLAYYANNA KOPPALU VILLAGE
WARD NO.1,
ARAKALGUD TALUK
HASSAN DISTRICT-573102
EXPERIENCE 2 YEARS 6 MONTHS APPROXIMATELY
PRESENTLY WORKING AT GOVT. FIRST GRADE
COLLEGE, ARAKALGUD.
3. MITHUN.H.R
S/O RAMESHA.H.E
AGED ABOUT 26 YEARS
R/AT HEBBALE VILLAGE
SOMWARPET TALUK
KODAGU DISTRICT - 571 236.
WORKING EXPERIENCE 1 YEAR 3 MONTHS
APPROXIMATELY
PRESENTLY WORKING AT MADIKERI GOVERNMENT
FIRST GRADE COLLEGE
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4. JAYANTHI.C.T
W/O M K UTHAPPA
AGED ABOUT 49 YEARS
MELATHANDA HOUSE
IVATHOKLU VILLAGE
MADIKERI TALUK,
KODAGU DISTRICT,
KARNATAKA - 571 201.
PRESENTLY WORKING IN GOVERNMENT FIRST
GRADE COLLEGE, NAPOKLU
KODAGU DISTRICT
EXPERIENCE: 5 YEARS 5 MONTHS APPROXIMATELY
5. ASHIKA B.J.
W/O DINESH T.M.
AGED ABOUT 35 YEARS
MUKKODLU VILLAGE AND POST
NEAR POST OFFICE. MADIKERI
KODAGU DISTRICT
KARNATAKA - 571251
PRESENTLY WORKING IN B.T.C.GOVT FIRST GRADE
COLLEGE KODAGU DISTRICT SOMWARPET
EXPERIENCE: 4 YEARS 9 MONTHS APPROXIMATELY
6. SANGEETHA.D.G
W/O SACHIN.H.G
AGED ABOUT 32 YEARS
SHETTIGANAHALLI VILLAGE
SHANIVARSANTHE HOBLI
SOMWARPET TALUK
KODAGU DISTRICT - 571 235.
PRESENTLY WORKING AT BTCG GOVERNMENT FIRST
GRADE COLLEGE SOMWARPET
WORKING EXPERIENCE 4 YEARS 11 MONTHS
APPROXIMATELY
7. VINDYA P K
W/O MANJUNATHA T K
AGED ABOUT 29 YEARS
TOLURUSHETTAHALLI VILLAGE AND POST
SOMWARPET TALUK
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C/W WP No. 2400 of 2023
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WP No. 3015 of 2023
WP No. 3059 of 2023
KODAGU DISTRICT-571236
PRESENT WORKING IN BTCG FIRST GRADE
COLLEGE, SOMWARPET.
EXPERIENCE: 3 YEARS APPROXIMATELY
8. PALLAVI.V.M
W/O GANESHA
AGED ABOUT 30 YEARS
MOOKANAHALLI VILLAGE,
SOMANAHALLI POST,
KASHABA HOBLI,
HUNSUR TALUK,
MYSORE DISTRICT
KARNATAKA - 571 105.
PRESENTLY WORKING IN GOVERNMENT FIRST
GRADE COLLEGE, HANAGODU,
HUNSUR, MYSORE DISTRICT
EXPERIENCE: 5 YEARS 2 MONTHS APPROXIMATELY
9. RAGHU H.N.
S/O NARAYANASWAMI
AGED ABOUT 27 YEARS
R/AT HARALUR VILLAGE
KOLLATHUR POST HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562114 PRESENTLY
WORKING AT GOVT. FIRST GRADE COLLEGE
K.R.PURAM
EXPERIENCE 2 YEARS 1 MONTH APPROXIMATELY
CHETHANA Y.C.
10.
W/O YOGESH I.T., AGED ABOUT 36 YEARS
R/AT NO.301,
IKANAHALLI,
KIKKERI HOBLI
KR PETE TALUK, MANDYA DISTRICT - 571 423.
EXPERIENCE 4 YEARS 10 MONTHS APPROXIMATELY
PRESENTLY WORKING AT GOVT. FIRST GRADE
COLLEGE, HIRISAAVE.
11. CHAITHRA GT
D/O THAMMAIAH G M, AGED ABOUT 33 YEARS
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R/AT KEDAMULLORE VILLAGE AND POST
VIRAJPET TALUK, KODAGU DISTRICT 571215
PRESENTLY WORKING AT GOVERNMENT FIRST
GRADE COLLEGE, VIRAJPET, WORKING
EXPERIENCE 6 YEARS 5 MONTHS APPROXIMATELY
12. POOVAMMA C.M.
D/O C.A.MUTHANNA
AGED ABOUT 25 YEARS, R/AT CHANNAYAN KOTE
VIRAJPET TALUK
KODAGU DISTRICT-571215
PRESENTLY WORKING AT GOVT. FIRST GRADE
COLLEGE VIRAJPET, EXPERIENCE 1 YEAR 3 MONTHS
APPROXIMATELY
13. VIDYA.K
D/O SHANKARA PATALI
AGED ABOUT 36 YEARS
KUNHIPARE HOUSE, KEPU VILLAGE,
ADYANADKA POST, BANTWALA TALUK,
DAKSHINA KANNADA - 574260
KARNATAKA.
PRESENTLY WORKING IN GOVERNMENT FIRST
GRADE COLLEGE, VITTLA
EXPERIENCE: 4 YEARS 2 MONTHS APPROXIMATELY
14. SHIVARAJA.M
S/O MENAPPA
AGED ABOUT 28 YEARS
R/AT BADAGOLLARAHATTI
YALLADAKERE POST
HIRIYUR TALUK
CHITRADURGA -572143
PRESENTLY WORKING IN VEDAVATHI GOVT FIRST
GRADE COLLEGE
EXPERIENCE 11 MONTHS APPROXIMATELY
15. RANJITHA HP
D/O PRABHAKARA HJ
AGED ABOUT 32 YEARS
HALASINAHALLI VILLAGE
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GUDDEKOPPA POST THIRTHAHALLI TALUK
SHIMOGA DISTRICT-577414
KARNATAKA
PRESENTLY WORKING IN KODACHADRI
GOVERNMENT FIRST GRADE
COLLEGE, HOSANAGARA,
SHIMOGA DISTRICT, EXPERIENCE: 7 YEARS 8
MONTHS APPROXIMATELY
16. JYOTHI N.
D/O LATE NANJUNDA SHETTY
AGED ABOUT 33 YEARS
R/AT HALLI MYSORE,
HOLENARASIPURA TALUK,
HASSAN DISTRICT-573210
EXPERIENCE- 3 YEARS 11 MONTHS APPROXIMATELY
PRESENTLY WORKING AT GOVT. FIRST GRADE
COLLEGE, MOSALE HOSAHALLI
17. PAPANNA K P
S/O PUTTASWAMY
AGED ABOUT 31 YEARS,
KELLURU VILLAGE AND POST
RAVANDUR HOBLI
PERIYAPATNA TALUK
MYSORE DISTRICT-571 108.
KARNATAKA
PRESENTLY WORKING IN BTCG FIRST GRADE
COLLEGE, SOMWARPET, KODAGU.
EXPERIENCE: 4 YEARS 11 MONTHS APPROXIMATELY
DHARMA N P
18. S/O PUTTARAJU N R
AGED ABOUT 33 YEARS
R/AT YALAKANURU VILLAGE
ABBURUKATTE POST
SOMWARPET TALUK
KODAGU DISTRICT-571 236.
PRESENTLY WORKING AT
BTCG GOVERNMENT FIRST GRADE COLLEGE,
SOMWARPET,
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WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
WORKING EXPERIENCE 3 YEARS 11 MONTHS
APPROXIMATELY
19. SANDHYA. H.R.
C/O RAMESH H.R.
AGED ABOUT 25 YEARS
R/AT NO.165 RAJIVGANDHI NAGARA, KEBBEHALLA
SUNKADAKATTE, NEAR BBMP OFFICE
BENGALURU NORTH-560 091.
EXPERIENCE 1 YEAR 3 MONTHS APPROXIMATELY
PRESENTLY WORKING AT GOVT. FIRST GRADE
COLLEGE, JAYANAGARA, BENGALURU.
20. VEENA KUMARI GS
W/O PRADEEP DE
AGED ABOUT 36 YEARS
DHUNTHURU VILLAGE, KADALLI POST
KANAKAPURA TALUK
RAMANAGARA DISTRICT -562 119.
EXPERIENCE 2 YEARS APPROXIMATELY
RESENTLY WORKING AT GOVT. FIRST GRADE
COLLEGE, JAYANAGARA, BENGALURU.
...PETITIONERS
(BY SRI. K.RAVISHANKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA, BENGALURU-560 001
2. THE COMMISSIONER,
DEPARTMENT OF HIGHER EDUCATION, NO.30,
PRASANNA KUMAR BLOCK
BENGALURU CENTRAL UNIVERSITY CAMPUS
Y. RAMACHANDRA ROAD
GANDHINAGAR
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
BENGALURU-560 009
(ALSO DEPARTMENT OF HIGHER EDUCATION
SOUDHA, SHESHADRI ROAD,
BANGALORE - 560 002)
3. THE JOINT DIRECTOR
COLLEGIATE EDUCATION,
HASSAN, DAVANAGERE, MYSURU,
AND BENGALURU ZONES
KARNATAKA - 560 001.
4. THE MODEL GOVERNMENT RESIDENTIAL
WOMEN'S FIRST GRADE COLLEGE, HARADANAHALLI
REP BY ITS PRINCIPAL, HARADANAHALLI
HOLENARASIPURA TALUK
HASSAN DISTRICT-573 211.
5. THE GOVERNMENT FIRST GRADE COLLEGE
ARAKALGUD.
REP. BY ITS PRINCIPAL,
ARAKALGUD, HASSAN DISTRICT - 573 201.
6. THE GOVERNMENT FIRST GRADE COLLEGE
MADIKERI
REP. BY ITS PRINCIPAL, MADIKERI
MADIKERI DISTRICT-571 201.
THE GOVERNMENT FIRST GRADE COLLEGE NAPOKLU
7.
REP. BY ITS PRINCIPAL
KODAGU DIST-571235
8. THE B.T.C.G. FIRST GRADE COLLEGE SOMWARPET,
REP. BY ITS PRINCIPAL.
SOMWARPET, KODAGU DISTRICT-571236
THE GOVERNMENT FIRST GRADE COLLEGE,
9.
HANAGODU,
REP. BY ITS PRINCIPAL, HUNSUR TALUK
MYSORE DISTRICT- 571105
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C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
THE GOVERNMENT FIRST GRADE COLLEGE
10.
K.R.PURAM,
REP. BY ITS PRINCIPAL.
K.R.PURAM, BENGALURU RURAL DISTRICT-560036
11. THE GOVERNMENT FIRST GRADE COLLEGE
HIRISAAVE,
REP. BY ITS PRINCIPAL,
HIRISAAVE
HASSAN DISTRICT-573124
12. THE GOVERNMENT FIRST GRADE COLLEGE VIRAJPET
REP. BY ITS PRINCIPAL,
VIRAJPET,KODAGU DISTRICT- 571218
13. THE GOVERNMENT FIRST GRADE COLLEGE VITTLA.
REP. BY ITS PRINCIPAL.
VITTLA POST, BANTWAL TALUK
D.K. DISTRICT - 574 243.
VEDAVATHI GOVT FIRST GRADE COLLEGE HIRIYUR,
14.
REP. BY ITS PRINCIPAL,
HIRIYUR-577598
15. THE KODACHADRI GOVERNMENT FIRST GRADE
COLLEGE HOSANAGARA,
REP. BY ITS PRINCIPAL,
HOSANAGARA TALUK SHIMOGA DISTRICT-577418
16. THE GOVERNMENT FIRST GRADE COLLEGE MOSALE
HOSAHALLI,
REP. BY ITS PRINCIPAL,
HASSAN TALUK
HASSAN DISTRICT- 573 212.
17. THE GOVT. FIRST GRADE COLLEGE JAYANAGARA,
BANGALORE
REP. BY ITS PRINCIPAL, JAYANAGAR,
BENGALURU-560 041.
...RESPONDENTS
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WP No. 1002 of 2023
C/W WP No. 2400 of 2023
WP No. 2670 of 2023
WP No. 3015 of 2023
WP No. 3059 of 2023
(BY SRI. M.S.NAGARAJA, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION INDIA PRAYING TO QUASH THE
IMPUNGED ORDER DATED 27/01/2023 BEARING NO.ED 18 DCE
2023, BENGALURU ISSSUED BY THE 1ST RESPONDENT
PRODUCED VIDE "ANNEXURE-F" TO THE WRIT PETITION AND
ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard learned counsel appearing for the parties.
2. In this batch of petitions, the petitioners are seeking relief of regularization / absorption in the post of Guest Lecturers in the respective Colleges run by the respondents / authorities inter alia challenging the Notification dated 27.01.2023 produced at Annexure-H in W.P.No.2400/2023 and Circular dated 28.01.2023 produced at Annexure-J in the said writ petition.
3. The grievance of the petitioners is that the petitioners were appointed as Guest Lecturers for the present academic year, however, during the midst of the academic
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WP No. 1002 of 2023C/W WP No. 2400 of 2023 WP No. 2670 of 2023 WP No. 3015 of 2023 WP No. 3059 of 2023 year, the respondents have notified the notification, referred to above, for appointment of other candidates as Guest Lecturers.
4. The grievance of the petitioners, as argued by Shri Fayaz Sab.B.G., learned counsel for the petitioners, is that, one set of temporary employees cannot be replaced by appointing other set of contract employees and accordingly, they sought for interference by this Court. Learned counsel has also submitted that, the representations made by the petitioners seeking regularization are pending consideration before the respondents / authorities and as the petitioners have been appointed for the present academic year, the petitioners cannot be disturbed till completion of the academic year.
5. Per contra, Shri M.S.Nagaraja, learned AGA, opposes the petitions filed by the petitioners herein and submitted that, this Court in W.P.No.101558/2021 disposed of on 26.10.2021, made an observation that, as the petitioner has participated in the selection process pursuant to the notification issued by the Government and thereafter, they cannot be permitted to challenge the same on the ground that there is a material
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WP No. 1002 of 2023C/W WP No. 2400 of 2023 WP No. 2670 of 2023 WP No. 3015 of 2023 WP No. 3059 of 2023 illegality / irregularity in the said notification. Accordingly, learned AGA sought for dismissal of the writ petition.
6. In the light of the submissions made by the learned counsel for the parties, it is not in dispute that the petitioners herein were working as Guest Lecturers as per the appointment letters issued by the respondent / Government for the academic year referred to in the writ petitions. Taking into consideration the factual aspects on record that appointment of the petitioners as Guest Lecturers made by the respondents / authorities for the academic year referred to in the writ petitions, the petitioners herein cannot be disturbed till completion of the academic year.
7. It is pertinent to note that, this Court in a decision rendered in W.P.No.103091/2022 disposed of on 09.11.2022, order dated 23.11.2022 in W.P.No.103114/2022 and order dated 09.02.2023 in W.P.No.100350/2023, has considered identical matters and disposed of the same by directing the respondents / Institutions to continue the petitioners as Guest Lecturers, till the completion of the academic year. In that view of the matter, I am of the view that the petitioners herein
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WP No. 1002 of 2023C/W WP No. 2400 of 2023 WP No. 2670 of 2023 WP No. 3015 of 2023 WP No. 3059 of 2023 cannot be disturbed during the academic year. However, insofar as the grievance of the petitioners raised with regard to regularization of their services, it is open for the respondents / authorities to consider the same in accordance with law. With these observations, the writ petitions are disposed of.
Sd/-
JUDGE Bss