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2025 Supreme(Kar) 1600
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
Important Points
Subject
Employment Law - Public Employment
Headnote
(B) Recruitment Process - Petitioners' participation in recruitment not subject to prior guarantees of employment - Court emphasized equal opportunity for all applicants during recruitment. (Paras 1-4)
Facts of the case:
Petitioners were guest lecturers seeking to quash a notification from the government allowing applications for their positions, arguing that they should be allowed to continue until the end of the academic year 2025-26. They were aggrieved by the new recruitment process being initiated.
Findings of Court:
The court allowed the petition in part, permitting petitioners to participate in the recruitment process while ensuring that they are not disturbed from their current roles until it concludes.
Issues: Main issues included the validity of the notification for new guest lecturer appointments and the petitioners' right to continue their services.
Ratio Decidendi: The court determined that the petitioners had the right to participate in the recruitment process without infringing upon their current employment until recruitment decisions were made.
Result: Writ petition is partly allowed.
For the Petitioner:Sri. B N Mulimani, Advocate
For the Respondent: Sri. Sharad V. Magadum, Aga
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.
