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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Suresha S And Ors. - Petitioners
Versus
The Principal Secretary Government Of Karnataka And Ors. - Respondents
Writ Petition No. 105020 of 2025 (S-RES)
Decided On : 12-08-2025
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-1/AUA/28/2025-26 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 circulars 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.
The court affirmed the right of guest lecturers to apply for new positions while maintaining their current roles until the recruitment process concludes.
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....
Court upheld petitioners' rights to participate in recruitment while retaining their positions, affirming lawful continuance until completion of new appointments.
Guest lecturers may participate in recruitment processes while retaining their current positions until completion, balancing statutory rights and procedural necessities.
Petitioners may continue service without additional qualifications while their regularization is considered, and must be allowed to participate in the recruitment process.
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.
Court dismissed petitions as infructuous after the academic year had lapsed, emphasizing judicial discretion while addressing educational matters and notification irregularities.
The court ruled that once the academic year has lapsed, the petition seeking to continue guest lecturers' services becomes moot and cannot be sustained.
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