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2025 Supreme(Kar) 1593
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
Important Points
Subject
Employment Law - Writ Jurisdiction
Headnote
(B) Employment Law - Guest Lecturers - The court emphasized that the appointment process is lawful and petitioners may participate if eligible, affirming their right to remain in post until new appointments are completed. (Paras 3)
Facts of the case:
Petitioners, who are guest lecturers, challenged notifications for new appointments, asserting their right to continue in their roles and seek regularization after over 10 years of service.
Findings of Court:
The writ petition is partially allowed, enabling petitioners to participate in the recruitment free from disruption during the process.
Issues: Whether the petitioners can maintain their employment while contesting new appointments and seek regularization of services.
Ratio Decidendi: The court decided in favor of allowing participation in the recruitment process, emphasizing the need to balance lawful employment and new applicant rights.
Result: Writ petition partly allowed.
For the Petitioner:Sriyuths Anand R. Kolli And D.V.Pattar And Praveen Kumar G., Advocates
For the Respondent:Sri. Sharad V. Magadum, Aga, Anoop G. Deshpande, Advocate
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.
