Petitioners may continue service without additional qualifications while their regularization is considered, and must be allowed to participate in the recruitment process.

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-Bf 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 13 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-BG).

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.

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 notification dated 25.06.2025 issued by respondent No.2 at Annexure-BF.

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.