IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1578 OF 2024 (S-RES)

BETWEEN:

1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY

2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION SHESHADRI ROAD, BENGALURU-560001 …APPELLANTS (BY SRI. REUBEN JACOB, AAG ALONG WITH SRI. MOHAMMED ZAFFAR SHAH, AGA)

Digitally signed by AND:

VASANTHA KUMARY B K Location: 1. SANJEEVAIAH H HIGH AGED ABOUT 31 YEARS COURT OF KARNATAKA S/O HANUMANTHARAYAPPA R/OF ALUR BANAVADI POST, SOLUR HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT-562127

2. MRS SONU SEN AGED ABOUT 27 YEARS D/O GANESH LAL R/OF DODDAGARADI STREET HASSAN

3. MR MADHUSUDAN C AGED ABOUT 28 YEARS S/O CHANDREGOWDA R/OF MANUGANAHALLI VILLAGE AND POST BILIKERE HOBLI, HUNSUR TALUK, MYSORE-571103

4. MR SANDARSHA H L AGED ABOUT 44 YEARS S/O LAXMANAPPA R/AT NO.424, 1^ST FLOOR SUVARNA NILAYA, 3RD CROSS, SUBHASHANAGAR, B. KAATIHALLI, HASSAN

5. UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAR MARG NEW DELHI-110002 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SHARVANI.T.GOWDA, ADVOCATE FOR THE IMPLEADING APPLICANT IN I.A. 18/2025;

SRI.T.P.RAJENDRAKUMAR SUNGAY, ADVOCATE FOR R-1 TO R-4;

SRI.H.R.SHOWRI, ADVOCATE FOR R-5;

SRI.SANDARSHA H.L. R-4-PARTY-IN-PERSON)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE ORDER DATED 05.09.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No. 23600/2023, ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present writ appeal is directed against the judgment and order dated 05.09.2024 passed by the learned Single Judge in W.P.No.23600/2023.

2. The petitioners in the writ petition had challenged the Notification dated 24.08.2023 wherein the Government had taken the stand that the candidates who have Post Graduate Degree need not to have NET/SLET/Ph.D for appointment as Guest Lecturers in the Government First Grade Colleges.

3. This notification dated 24.08.2023 issued by the Government was contrary to the University Grant Commission Regulations, 2018 and Guidelines of 2019. The learned Single Judge allowed the writ petition and set aside the said notification and directed that the Government to ensure the strict compliance of the qualifications as prescribed by the University Grant Commission (UGC) in their Regulations of 2018 and the Guidelines issued in 2019. Thus, the learned Single Judge made it clear that a person who does not possess the requisite qualification as prescribed under the UGC Regulations of 2018 and the Guidelines of 2019 would not be entitled for appointment on the post of Guest Lecturer in the Government First Grade Colleges.

4. This matter was heard at length by a Co-ordinate Bench on 09.09.2025. The Co-ordinate Bench on the said date passed a detailed order which reads as under:

"1. The State has filed the present intra-court appeal impugning an order dated 05.09.2024 [impugned order] passed by the learned Single Judge of this Court in W.P.No.23600/2023 [S-RES]. Respondent Nos.1 to 4 [Writ Petitioners] had filed the said petition inter-alia impugning a notification dated 24.08.2023 for selection of guest lecturers in Government First Grade Colleges.

2. The writ petitioners were aggrieved by the selection process as set out in the impugned notification inasmuch as it provided for certain weightage (by way of marks) to the qualification of Ph.D Degree and NET/K-SET/SLET examination. According to the writ petitioners, such qualifications are essential qualifications and the candidates not possessing either of the said qualifications are ineligible for being appointed as lecturers.

3. The learned S