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2025 Supreme(Kar) 1599

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Prakash M Diwanad And Ors. - Petitioners
Versus
The Principal Secretary Government Of Karnataka And Ors. - Respondents
Writ Petition No.104773 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

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 concludes.

Headnote:(A) Karnataka State Universities Act, 2000 - Guest Lecturers' Recruitment - Petitioners contest the notification for guest lecturer recruitment citing their status - The court held that the petitioners may participate in the recruitment process but should not be disturbed from their current positions until completion - The petitioners’ rights are preserved pending their success in recruitment. (Paras 1-4)

Facts of the case:
The petitioners, claiming to be guest lecturers, challenged a circular inviting applications for guest lecturers for the upcoming academic year, arguing for their continued employment until the process was finalized.

Findings of Court:
The petitioners were permitted to participate in the recruitment process for guest lecturers while being assured they would not be removed from their positions until the process concluded.

Issues: The main issues involved whether the petitioners could seek to quash the recruitment notification and their rights to continue employment during the recruitment period.

Ratio Decidendi: The court affirmed that the recruitment process could proceed and petitioners' participation was essential, emphasizing the principle that employment security during recruitment is contingent upon the outcome of the said process.

Result: Writ petition is partly allowed.

Table of Content
1. petitioners seek to quash circular and continue service. (Para 1)
2. court allows petitioners to participate in recruitment process. (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 vide bearing No. KaShiE/NEVI-1/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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