IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107766 OF 2025 (S-RES)

BETWEEN:

SMT. HULIGEMMA G D/O. MAILAPPA GINIGER, AGE. 45 YEARS, OCC. GUEST LECTURER, GOVT FIRST GRADE COLLEGE GANGAVATI SRI. BASAVESHWAR NAGAR, BEHIND STAR TALKIES, KOPPAL-583 227.

…PETITIONER (BY SRI. B. N. MULIMANI, ADVOCATE)

AND:

1. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M S BUILDING, BENGALURU – 560 001.

2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU – 560 001.

3. THE PRINCIPAL (SKNRG), Digitally signed by SKNRG GOVT FIRST GRADE COLLEGE, VISHAL NINGAPPA GANGAVATI TALUK, DIST. KOPPAL -583 227.

PATTIHAL Location: High …RESPONDENTS Court of Karnataka, (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2)

Dharwad Bench, Dharwad THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER , GUEST LECTURER IN JOURNALISM AT THE 3^RD RESPONDENT-COLLEGE BY RECONGNIZING HER PAST SERVICE AND EXPERIENCE, CONTINUED ENGAGEMENT IN ACCORDANCE WITH LAW AND EQUITY IN VIEW OF CIRCULAR NO.KA SHI E/NEVI-1/A U A/28/2025-26 DATED 04.10.2025 ANNEXURE – D. FURTHER DIRECTED THE RESPONDENTS NOT TO DISCONTINUE THE SERVICE OF THE PETITIONER ARBITRARILY AND WITH OUT VALID REASON, AND TO ENSURE THAT HIS/HER SERVICE IS CONTINUE FOR SUBSEQUENT ACADEMIC YEARS IN ACCORDANCE WITH ESTABLISHED NORMS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. Learned counsel for the petitioner submits that the issue in the lis is akin to what is decided by the Co-ordinate Bench in Writ Petition No.104704/2025 disposed on 12.08.2025.

The Co-ordinate Bench has held as follows:

“1. The petitioner is before this Court seeking for the following reliefs:

I. Issue a writ of certiorari or any other writ, order or direction, 06.05.2025 quashing notification dated bearing no. ASam.ni/adalita/aushi/cr-08/2025-26 dtd 9.05.2025 issued by the respondent no. 2 as per annexure c as illegal and void.

II. Issue a writ of mandamus and declare that the action of the respondent in calling for fresh notification 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 other vide Annexure B.

III. Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest teachers/ lecturers till the regular appointments are made to the said posts as per Annexure D.

2. The grievance of the petitioner is that, despite rendering continuous service as Guest Teacher for many years, his case for regularisation has not been considered by the respondents. It is submitted that if his service was to be considered for regularisation, the process of conducting fresh interviews for the same posts would become redundant.

3. There appears to be substance in the submission made by the learned counsel for the petitioner. Under such circumstances, the petitioner ought to have been considered for regularisation of the services of the petitioner, so long as he satisfy all other requirements, and after that for the remaining vacancies the respondents counsel have proceeded with a fresh recruitment process.

4. In light of the above observations, the following order is passed:

ORDER i) The writ petition is allowed.

ii) Respondents are directed to continue the services of the petitioner as Guest Teacher until the process of regularization is duly considered in accordance with law.

iii) The respondents are further directed to consider the case of the petitioner for regularization, subject to his eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts.

iv) All pending interlocutory applications, if