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2025 Supreme(Kar) 1597

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Ganapati Nagappa Patgar And Ors. - Petitioners
Versus
The Principal Secretary And Ors. - Respondents
Writ Petition No.104663 of 2025 (S-RES)
Decided On : 12-08-2025

Advocates Appeared:
For the Petitioner:Sri. B N Mulimani, Advocate
For the Respondent: Sri. Sharad V. Magadum, Aga

Current guest lecturers may participate in recruitment processes without losing their positions until the outcome is determined.

Headnote:(A) Karnataka State Universities Act, 2000 - Sections relating to appointment of guest lecturers - Notification issued for recruitment of guest lecturers - Petitioners challenged the notification but were allowed to participate in the process, maintaining their current positions until completion of recruitment. (Paras 1-3)

(B) Principle of Recruitment - It is permissible for current guest lecturers to participate in the recruitment process, and their employment cannot be terminated pending the outcome of the recruitment. (Paras 2-3)

Facts of the case:
The petitioners, claiming to be guest lecturers, sought to quash a notification for recruitment of guest lecturers for the academic year, asserting their right to continue in their positions.

Findings of Court:
The court permitted petitioners to participate in the recruitment process while ensuring they would not be disturbed from their current posts until the process is concluded.

Issues: The primary questions revolved around the legality of the notification for recruitment and the petitioners' right to continue working during the recruitment process.

Ratio Decidendi: The court ruled that the appointment process must proceed, allowing petitioners to take part while affirming their current employment status would remain unaffected until the recruitment process is complete.

Result: Writ petition partly allowed.

Table of Content
1. petitioners seek relief against recruitment process (Para 1 , 2)
2. court allows petitioners to participate in recruitment (Para 3)

ORDER :

Suraj Govindaraj, J.

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

1.To issue writ in the nature of certiorari to Quash the impugned notification issued by R2 inviting the application for guest lecturers no KA Shi E/NEVI-AUA/28/2025-26 dated 25/06/2025 vide Annexure-B in respect of petitioners.

2. Issue a writ in the nature of Mandamus or in nature of any other writ directing the respondents to allow the petitioner to continue his service in the respondent colleges till end of the A.Y 2025-26.

3.Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the petitioners shall ever pray an act of kindness 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 25.06.2025 issued by respondent No.2 at Annexure-B.

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.

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