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 resolution.

ORDER :

Suraj Govindaraj, J.

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 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.

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.

4. The petitioners contended that they have also submitted a representation for regularization of the services of the petitioners. If that be so, it would be required for the respondents to pass necessary orders thereon prior to the recruitment process. As such, I pass the following:

ORDER

i. Writ petition is partly allowed.

ii. The representation submitted by the petitioners for regularization is directed to be considered by the respondents within a period of four weeks from the date of receipt of certified copy of this order.

iii. If the services of the petitioners are not regularized, they were permitted to participate in the recruitment process in terms of the notifications issued by respondent No.2.

iv. Needless to say that until the said recruitment process is completed the petitioners are not to be disturbed from their current post.

v. Further needless to say in the event of the petitioners being successful and being appointed as guest lecturers, they cannot be disturbed.

vi. Pending I.A. stand disposed.