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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Amaresh S/o Bheemappa Dollin And Ors. - Petitioners
Versus
The State Government Represented By Principal Secretary Department Of Higher Education and Ors. - Respondents
Writ Petition No.104659 of 2025 (S-RES)
Decided On : 12-08-2025
ORDER :
Suraj Govindaraj, J.
1. The petitioner is before this Court seeking for the following reliefs:
dated 25/6/2025 issued by the respondent no.2 vide Annexure-G in the interest of justice and equity.
dated 02.01.2025 in issued by the respondent no. 2 authority, marked as Annexure-E.c) Direct the respondent no.1 and 2 to continue the petitioners as guest lecturers without replacing them by another set of guest lecturers in terms of the law laid down by the Hon’ble High Court of Karnataka in Pirsa Sing’s Case 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.
d) 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.
e) 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.
f) Such other writ or order or direction as this Hon’ble Court deems fits on the facts and circumstances of the case 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. 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 02.01.2025 and 25.06.2025 issued by respondent No.2 at Annexures-E and G respectively.
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. stand disposed.
Court upheld petitioners' rights to participate in recruitment while retaining their positions, affirming lawful continuance until completion of new appointments.
Current guest lecturers may participate in recruitment processes without losing their positions until the outcome is determined.
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.
Petitioners may continue service without additional qualifications while their regularization is considered, and must be allowed to participate in the recruitment process.
Guest lecturers may participate in recruitment processes while retaining their current positions until completion, balancing statutory rights and procedural necessities.
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 ....
The court upheld the petitioners' right to be considered for regularization and participate in recruitment, emphasizing procedural fairness under Articles 14, 16, and 21.
The court affirmed the right of guest lecturers to participate in recruitment processes and protected their current positions, ensuring fairness under UGC regulations.
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