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2025 Supreme(Kar) 1629

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
SURAJ GOVINDARAJ, J.
Ramanna S/o Fakkeerappa Shettennavar – Appellant
Versus
The Principal Secretary, Department of Higher Education, Bangalore – Respondent
Writ Petition No. 107673 of 2023, Writ Petition Nos. 100182, 101804, 105859, 106172, 106402, 106432, 106926, 107247, 107766, 107812, 107814 of 2024, Writ Petition Nos. 100152, 100053, 100154, 100272, 100323, 100370, 100393, 100398, 100447, 100545, 100556, 100633, 100639, 100644, 100656, 100862 of 2025
Decided On : 06-08-2025

Advocates Appeared:
For the Appellant : B.N. Mulimani
For the Respondents: P.N. Hatti, Gangadhar J.M.

Court dismissed petitions as infructuous after the academic year had lapsed, emphasizing judicial discretion while addressing educational matters and notification irregularities.

Headnote:(A) Constitution of India - Articles 226 and 227 - Writ petitions filed by guest lecturers challenging the notification inviting applications for their positions - Petitioners sought for continuation of service until the end of the academic year 2024-25 amid claims of notification irregularities - The court found the petitions moot as the academic year had already lapsed, leading to dismissal for being infructuous. (Paras 3 and 4)

(B) Court discretion in Educational matters - The judicial discretion finds its scope in service continuation of teaching professionals per UGC guidelines and statutory provisions, particularly in the context of ongoing litigations. (Para 2)

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ORDER :

1. Learned High Court Government Pleader accepts notice for respondents-State.

2. The petitioners in all the petitions are before this Court seeking for the following reliefs:

W.P.NO.100152/2025:

1. To issue writ in the nature of certiorari to Quash the impugned notification inviting the application for guest lecturers No KA Shi E/NEVI-1/AUA/99/2024-25 dated 02/01/2025 vide annexure-d passed by Resp.no.2 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.2024-25.

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.

W.P.NO.107673/2023:

1. Issue a writ in the nature of Mandamus or in nature of any other writ directing the Respondents to consider the representation to make payment of his salary arrears vide Annexure-C dated 25/7/2023.

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2. Issue a writ in the nature of Mandamus or in nature of any other writ pass an order to allow the Petitioner to continue his service in the Resp no. 3 college till end of the A.Y.2023-24 in view of notification No.KSCD/2023-24/941 dated 27/11/2023 issued by R3 vide Annexure-D.

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 Petitioner shall ever pray an act of kindness in the interest of justice and equity.

W.P.NO.100182/2024:

1. Issue a writ in the nature of Mandamus or in nature of any other writ directing the Respondents to pass an order to allow the Petitioner to continue their service in the respondent college 4 till end of this academic year.

2. Pass such order as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the Petitioner shall even pray an act of kindness in the interest of justice and equity.

W.P.NO.101804/2024:

1. Issue the writ in the nature of certiorari by quashing the relieve order passed by the respondent no. 5 vide A2/Vrutti Shikshana: Sibbandi:Bidugade 2011/12 dated 15/06/2011 vide Annexure-D.

2. Issue the Writ in the nature of Mandamus directing the respondents to absorb the service of petitioner from the date of his relieving order as well as with all arrears and monitory benefit.

3. Any other relief as deems fit to this Hpn’ble Court, in the interest of justice and equity.

W.P.NO.105859/2024:

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1. ISSUE a Writ or Order or Direction in the nature of writ of mandamus with direction to the Respondents to continue the service of Petitioner as teaching assistant / guest faculty in the department of Sanskrit under the Respondent no.2 college till she attained the age of 70 years in terms of UGC guidelines dated 28/01/2019 issued by the Secretary, University of Grand Commission, New Delhi i.e. Annexure-E.

2. ISSUE any other writ or direction as this Hon’ble court deems fit under the facts and circumstances of the case.

W.P.NO.106172/2024:

1. To issue a writ in the nature of mandamus to consider the representation dated 04/10/2024 to continue their service in the Resp 3 college made to R2 vide annexure-d.

2. 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.

W.P.NO.106402/2024:

1. Issue a writ in the nature of Mandamus or in nature of any other writ directing the Respondents to pass an order to allow the Petitioner to continue his service in the respondent college 3 till end of the this academic year 2024-25 in view of the provision mentioned at 18 a and b of the notification no KA Shi E/NEVI-1/A u aa/99.2024-25 dated 30/08/2024 vide Annexure-B.

2. Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the Petitioner shall ever pray an act of kindness in the interest

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