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2025 Supreme(Online)(Kar) 20351
KARNATAKA HIGH COURT
SURAJ GOVINDARAJ, J
ZABIULLA KASAMBI – Appellant
Versus
THE PRINCIPAL SECRETARY DEPARTMENT OF MINORITY WELFARE – Respondent
WRIT PETITION NO. 105347 OF 2025
For the Appellants/Petitioners: SRI. B.N. MULIMANI
For the Respondents: SRI. P.N. HATTI, HCGP FOR R1 TO R9
The court ruled that petitioners must be allowed to participate in the recruitment process while their current positions remain secure.
Headnote:This judgment concerns the interpretation of Articles 226 and 227 of the Constitution of India regarding appointments of guest lecturers. The petitioners, aggrieved by a circular for fresh recruitment, seek to quash it and ensure their continuation until regular appointments are made. The Court permits their participation in the recruitment process while ensuring their current posts are not disturbed until then. The primary issue revolves around the legality of the circular and the petitioners' right to participate in recruitment.
| Table of Content |
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| 1. petitioners' petition addressed against circular for guest lecturer recruitment. (Para 1 , 2) |
| 2. legality of allowing guests to participate in recruitment. (Para 3) |
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for the following reliefs:
I) Issue a writ of certiorari or any other writ, order or direction, quashing circular dated bearing no. Sam.ni/adalita/aushi/cr- 08/2025-26 dtd 09.05.2025 issued by the resp no.2 as per annexure-C as illegal and void.
II) Issue a writ of mandamus and declare that the action of the respondents in calling for fresh circular for the appointment of guest lecturers for the next ensuing year, as contrary to law declared in Manish Gupta and Another V/S President Jan Bhagidari Samithi and Others vide annexure-B.
III) Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest lecturers till the regular appointments are made to the said posts as per annexure D.
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 circular dated C.¸ÀA.¤/DqÀ½vÀ/C.G.²/¹Dgï-
09.05.2025 bearing No.
08/2025-26 issued by respondent No.2 at Annexure-C.
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.
