Karnataka High Court
Surappa Y P vs The State Of Karnataka on 12 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 104768 of 2025
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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.104768 OF 2025 (S-REG)
BETWEEN:
1. SURAPPA.Y.P
S/O PAPAIAH.Y
AGE: 42 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE
WOMEN'S COLLEGE, KOPPAL-583231,
TQ AND DIST: KOPPAL.
2. SURESH.P
S/O PALLARA CHINNAIAH
AGE: 42 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE KODIHALLI-562117
KANAKAPURA, TQ: KANAKAPURA,
DIST: BENGALURU SOUTH.
Digitally signed by NOW RESIDING AT GADAG-582101,
ASHPAK
KASHIMSA TQ AND DIST: GADAG.
MALAGALADINNI
Location: High
Court of Karnataka,
Dharwad Bench,
3. MAHANTESHA.T
Dharwad AGE: 42 YEARS, OCC: GUEST LECTURER AT
SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS)
COLLEGE, BALLARI-583101,
TQ AND DIST: BALLARI.
4. VIRUPAKSHA.S
S/O SIDDAIAH.S.G
AGE: 48 YEARS, OCC: GUEST LECTURER AT
SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS)
COLLEGE, BALLARI-583101,
TQ AND DIST: BALLARI.
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5. SIDDARAJ S/O SIDDRAM REDDY
AGE: 41 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE (AUTONOMOUS)
COLLEGE, YADGIRI-585202,
TQ AND DIST: YADGIRI.
6. RACHAYYA S/O BASAVARAJAYYA HIREMATH
AGE: 55 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE, MUDNAL,
YADGIRI-585202,
TQ AND DIST: YADGIRI.
7. CHANDRASHEKARA.G.K
AGE: 32 YEARS, OCC: GUEST LECTURER AT
R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE,
BILAGI-587116,
TQ: BILAGI, DIST: BAGALKOTE.
8. LAXMI PUJERI
AGE: 29 YEARS, OCC: GUEST LECTURER AT
R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE,
BILAGI-587116,
TQ: BILAGI, DIST: BAGALKOTE.
9. BHAGYASHREE.V.JADHAV
AGE: 34 YEARS, OCC: GUEST LECTURER AT
R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE,
BILAGI-587116,
TQ: BILAGI, DIST: BAGALKOTE.
10. KIRAN SONNA
AGE: 34 YEARS, OCC: GUEST LECTURER AT
R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE,
BILAGI-587116,
TQ: BILAGI, DIST: BAGALKOTE.
11. SAVITA KUNTOJI
AGE: 38 YEARS, OCC: GUEST LECTURER AT
R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE,
BILAGI-587116,
TQ: BILAGI, DIST: BAGALKOTE.
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12. SMT.VANISHRI.S.JANTAGAL
AGE: 34 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE WOMEN'S COLLEGE,
BAGALKOTE-587101,
TQ AND DIST: BAGALKOTE.
13. SMT.NAMRATA MAHAVEERAGOUDA PATIL
AGE: 34 YEARS, OCC: GUEST LECTURER AT
S.S.P.O.GOVT FIRST GRADE COLLEGE,
MUDDEBIHAL-586212,
TQ: MUDDEBIHAL, DIST: VIJAYAPUR.
NOW RESIDING AT GADAG-582101,
TQ AND DIST: GADAG.
14. KRISHNAGOUDA.V.NAIK
AGE: 48 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE,
NAVANAGAR, BAGALKOTE-587103,
TQ AND DIST: BAGALKOTE.
15. TULASIGERAPPA MOKHASHI
AGE: 37 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE,
NAVANAGAR, BAGALKOTE-587103,
TQ AND DIST: BAGALKOTE.
16. KUM.SNEHA KALE
AGE: 35 YEARS, OCC: GUEST LECTURER AT
GOVT FIRST GRADE COLLEGE,
NAVANAGAR, BAGALKOTE-587103,
TQ AND DIST: BAGALKOTE.
17. RAMESH.G.YARAGATTI
AGE: 47 YEARS, OCC: GUEST LECTURER AT
SHRI.C.M.M.GOVT FIRST GRADE COLLEGE,
YARAGATTI-591129, TQ: YARAGATTI,
DIST: BELAGAVI.
...PETITIONERS
(BY SRI. SAJID AHMED GOODWALA, ADVOCATE)
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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
WOMEN'S COLLEGE, KOPPAL-583231,
TQ AND DIST: KOPPAL.
5. THE PRINCIPAL
GOVT FIRST GRADE COLLEGE KODIHALLI-562117
KANAKAPURA, TQ: KANAKAPURA,
DIST: BENGALURU SOUTH.
6. THE PRINCIPAL
SSA GOVT FIRST GRADE COLLEGE (AUTONOMOUS)
COLLEGE, BALLARI-583101,
TQ AND DIST: BALLARI.
7. THE PRINCIPAL
GOVT FIRST GRADE COLLEGE (AUTONOMOUS)
COLLEGE, YADGIRI-585202,
TQ AND DIST: YADGIRI.
8. THE PRINCIPAL
GOVT FIRST GRADE COLLEGE, MUDNAL,
YADGIRI-585202,
TQ AND DIST: YADGIRI.
9. THE PRINCIPAL
R.P.GOVT FIRST GRADE COLLEGE & PG CENTRE,
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BILAGI- 587116,
TQ: BILAGI, DIST: BAGALKOTE.
10. THE PRINCIPAL
GOVT FIRST GRADE WOMEN'S COLLEGE,
BAGALKOTE-587101,
TQ AND DIST: BAGALKOTE.
11. THE PRINCIPAL
S.S.P.O.GOVT FIRST GRADE COLLEGE,
MUDDEBIHAL-586212,
TQ: MUDDEBIHAL, DIST: VIJAYAPUR.
12. THE PRINCIPAL
GOVT FIRST GRADE COLLEGE,
NAVANAGAR, BAGALKOTE-587103,
TQ AND DIST: BAGALKOTE.
13. THE PRINCIPAL
SHRI.C.M.M.GOVT FIRST GRADE COLLEGE,
YARAGATTI-591129, TQ: YARAGATTI,
DIST: BELAGAVI
...RESPONDENTS
(BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1, R2 AND
R4 TO R13; 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.
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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 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
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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 petitioner is 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 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 -8- NC: 2025:KHC-D:10229 WP No. 104768 of 2025 HC-KAR 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 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.
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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. ii. The petitioners are permitted to participate in the recruitment process in terms of the circulars 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.
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NC: 2025:KHC-D:10229 WP No. 104768 of 2025 HC-KAR 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.: 16