Karnataka High Court
Mahantesh Siddappa Metikal vs The State Of Karnataka on 12 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:10107
WP No. 104495 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. 104495 OF 2025 (S-REG)
BETWEEN:
1. MAHANTESH SIDDAPPA METIKAL
AGE: 30 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE
TQ AND DIST: BAGALKOTE-587101
2. RAJU. R. S/O RAMAPPA
AGE: 42 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE WOMENS COLLEGE, HAVERI,
TQ AND DIST: HAVERI-581110.
3. PUSHPA M MULLUR
AGE: 49 YEARS, OCC: GUEST LECTURER AT
Digitally signed by
SMT. I S YADAWAD GOVT FIRST GRADE COLLEGE,
ASHPAK
KASHIMSA
RAMDURGA,
MALAGALADINNI TQ: RAMDURGA DIST: BELAGAVI-591123
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad 4. SANDESHA S/O ANNU NAIK
AGE: 38 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE WOMENS COLLEGE, PUTTUR,
TQ: PUTTUR DIST: DAKSHIN KANNAD-574241
R/O: GADAG, TQ AND DIST: GADAG-582101
5. SHILPA HULASAD
AGE: 33 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE, NAVANAGAR, BAGALKOTE
TQ AND DIST: BAGALKOTE-587101
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WP No. 104495 of 2025
HC-KAR
6. PRAVEEN R SHIDDANNAVAR
AGE: 39 YEARS, OCC: GUEST LECTURER AT
SMT. G B ANKALAKOTI GOVT FIRST GRADE COLLEGE,
SHIGGAON,
TQ: SHIGGAON, DIST: HAVERI-581212
...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, NAVANAGAR, BAGALKOTE
TQ AND DIST: BAGALKOTE-587101
5. THE PRINCIPAL
GOVT FIRST GRADE WOMENS COLLEGE, HAVERI,
TQ AND DIST: HAVERI-581110.
6. THE PRINCIPAL
SMT. I S YADAWAD GOVT FIRST GRADE COLLEGE,
RAMDURGA,
TQ: RAMDURGA DIST: BELAGAVI-591123
7. THE PRINCIPAL
GOVT FIRST GRADE WOMENS COLLEGE, PUTTUR,
TQ: PUTTUR DIST: DAKSHIN KANNAD-574241
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WP No. 104495 of 2025
HC-KAR
8. THE PRINCIPAL
SMT. G B ANKALAKOTI GOVT FIRST GRADE COLLEGE,
SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-581212
...RESPONDENTS
(BY SR. 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
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
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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.
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 -5- NC: 2025:KHC-D:10107 WP No. 104495 of 2025 HC-KAR 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.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 -6- NC: 2025:KHC-D:10107 WP No. 104495 of 2025 HC-KAR 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.
As such, I pass the following:
ORDER i. Writ petition is partly allowed. -7-
NC: 2025:KHC-D:10107 WP No. 104495 of 2025 HC-KAR ii. The petitioners are permitted to participate in the recruitment process in terms of the circulars dated 02.01.2025, 25.04.2025, 25.06.2025 issued by respondent No.2 at Annexures-B, C and D respectively.
iii. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post.
iv. Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed.
v. Pending I.A. stand disposed.
Sd/-
(SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 2 Sl No.: 11