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2025 Supreme(Kar) 1638

2025 KHC-D 10144
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Veerappa Yallappa Byali S/O Yallapa Byali And Ors. - Petitioners
Versus
The Principal Secretary Government Of Karnataka Dept. Of Higher Education And Ors. - Respondents
Writ Petition No. 102407 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, Advocate

The court ruled that once the academic year has lapsed, the petition seeking to continue guest lecturers' services becomes moot and cannot be sustained.

Headnote:(A) Constitution of India - Articles 226 and 227 - Writ petition filed seeking to quash notification inviting applications for guest lecturers and to continue services till the end of academic year 2024-25 - The petition filed was dismissed as infructuous, as the academic year had lapsed. (Paras 1 and 2)

(B) Scope of Mandamus - The court clarified that where the right sought to be enforced has already extinguished, the plea becomes moot and cannot be sustained. (Para 1)

Facts of the case:
The petition was filed by multiple guest lecturers challenging a notification regarding the hiring of guest lecturers and sought permission to continue their services until the specified academic year concluded. (Para 1)

Findings of Court:
The court observed that since the academic year 2024-25 had already ended, the petition was deemed infructuous. (Para 2)

Issues: Whether the petitioners had a right to continue their services post the academic year lapse. (Para 1)

Ratio Decidendi: The court held that once the period for which the services were sought to be continued had expired, there was no longer an actionable right to be protected or enforced. (Para 2)

Result: Petition dismissed as infructuous.

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 passed by R-2, inviting the applications for guest lecturers bearing no. KaShiE/NEVI-/AUA/99/2024-25 dated 02/01/2025 vide Annexure-D 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 petitioners to continue their services 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.

2. In the above matter, the petitioners are seeking for a mandamus directing the respondents to permit the petitioners to continue service in the respondents- colleges for the academic year 2024–2025. As the said academic year has already lapsed, the petition is dismissed as infructuous.

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