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2025 Supreme(Kar) 1588

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Shri.Pramod S Jadhav, S/O. Satappa Jadhav And Ors. - Petitioners
Versus
The State Of Karnataka, Represented By Its Principal Secretary, Department School Education And Literacy (Higher Education) - Respondents
Writ Petition No.104432 of 2025 (S-REG)
Decided On : 12-08-2025

Advocates Appeared:
For the Petitioner:Sri. Upadhye Aravind Devendre, Advocate
For the Respondent:Sriyuths. Sharad V. Magadum, Aga, Anoop Deshpande, Advocate

Guest lecturers may participate in recruitment processes while retaining their current positions until completion, balancing statutory rights and procedural necessities.

Headnote:(A) Constitution of India - Articles 14, 16, and 21 - Writ petition seeking to quash a notification for guest lecturer appointments and to regularize the petitioners' services - Petitioners claim that the notification is illegal and arbitrary. (Para 1)

(B) Employment and Recruitment - The court held that petitioners may participate in recruitment without hindrance; however, their current posts shall not be disturbed until the recruitment process is completed. (Paras 3 and 4)

Facts of the case:
Petitioners, as guest lecturers, challenged a notification regarding new appointments for guest lecturers and sought regularization based on their service duration.

Findings of Court:
Writ petition is partly allowed, allowing participation in recruitment, with protection for current posts until completion.

Issues: The legality of the notification contravening constitutional rights and recruitment process participation.

Ratio Decidendi: The court determined that while guest lecturers can contest fresh recruitment, their existing positions must be maintained until the process concludes.

Result: Writ petition partly allowed.

ORDER :

SURAJ GOVINDARAJ, J.

1. The petitioners are before this Court seeking for the following reliefs:

a. Issue a writ of certiorari or any other appropriate writ, order quashing the notification bearing no. KaShiE/NEVI-1/AUA/28/2025-26 dated 25.06.2025 at Annexure-Bh issued by the 2nd respondent as the same is illegal, arbitrary and violation of article 14,16 and 21 of the Constitution of India.

b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to allow the petitioner continue their service in respective colleges without insisting the additional qualifications. and declare that the action of the respondents no.1,2 and 4 to 21 in calling for fresh notification for the appointment of guest lecturers for the next ensuing years are contrary to the law declared in MANISH GUPTA AND ANOTHER VS. PRESIDENT JAN BHAGIDARI SAMITHI (Annexure-BM).

C. Direct the respondents to regularize the services of the petitioners by considering the lengthy of services served in the same department and grant such other relief or reliefs as this Hon’ble court deems fit to grant in the circumstances of the case, in the interest of justice.

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

ii. The petitioners are permitted to participate in the recruitment process in terms of the notification dated 25.06.2025 issued by respondent No.2 at Annexure-BH.

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., if any, stand disposed.

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