IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj
Devaraj Nayak – Appellant
Versus
State Of Karnataka Rptd By Its Prl. Secretary Dept.Of Education (Higher Education) – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
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 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.Das 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 qualificatio
The court affirmed the right of guest lecturers to participate in recruitment processes and protected their current positions, ensuring fairness under UGC regulations.
The court directed that the petitioners' representation for regularization should be considered before the recruitment process, affirming their right to participate while ensuring job security until ....
Court upheld petitioners' rights to participate in recruitment while retaining their positions, affirming lawful continuance until completion of new appointments.
Petitioners asserting their rights as guest lecturers are allowed to participate in the recruitment process for guest lecturers while being secured in their current positions until the process conclu....
The court affirmed the right of guest lecturers to apply for new positions while maintaining their current roles until the recruitment process concludes.
Current guest lecturers may participate in recruitment processes without losing their positions until the outcome is determined.
Eligibility criteria based on qualifications must be equitable, ensuring no unfair exclusion of M.Phil holders from Assistant Professors/ lecturers' posts.
Petitioners may continue service without additional qualifications while their regularization is considered, and must be allowed to participate in the recruitment process.
The court upheld the petitioners' right to be considered for regularization and participate in recruitment, emphasizing procedural fairness under Articles 14, 16, and 21.
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