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2025 Supreme(Online)(Kar) 41102

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
DEVRAJ URS – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 107647/2025



IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107647 OF 2025 (S-RES)

BETWEEN:

DEVRAJ URS G.N., AGE: 47 YEARS, OCC: GUEST LECTURER, R/O: NEAR VENKATESHWAR TEMPLE, MALAMADDI, DHARWAD.

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

AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560 001, (REP BY ITS PRINCIPAL SECRETARY).

2. THE COMMISSIONER, COLLEGIATE EDUCATION DEPARTMENT, PALACE ROAD, BENGALURU – 560 001.

Digitally signed by

3. THE DIRECTOR, RAKESH S HARIHAR DEPARTMENT OF COLLEGIATE EDUCATION, Location: High Court of PALACE ROAD, BENGALURU – 560 001.

Karnataka, …RESPONDENTS Dharwad Bench, Dharwad (BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED CIRCULAR NO. KA SHI E/NEVI-1/A U A/28/2025-26 DATED 30/09/2025 (ANNEXURE-D) ISSUED BY THE RESPONDENTS NO. 2 IN RESPONDENT OF PETITIONER. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONER’S M.PHIL. QUALIFICATION REGISTERED PRIOR TO 11.09.2009 AS VALID FOR APPOINTMENT AS GUEST LECTURER UNDER NOTIFICATION DATED

25.06.2025 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORAL ORDER

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

1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.105532 of 2025, disposed of on 11th August 2025. The Coordinate Bench held as follows:

1. Learned AGA accepts notice for respondent Nos.1, 2 and 4 to 7.

2. Sri.Anup Deshpande, learned counsel accepts notice for respondent No.3.

3. The petitioners are before this Court seeking for the following reliefs:

I. Issue a writ in the nature of certiorari by quashing the impugned notification bearing No. KAShiE/ NEVI-1/ AOOAA/ 99/ 2024-25 dated 02.01.2025 issued by the respondent no.2 vide Annexure-B.

II. Issue a writ in the nature of certiorari by quashing the impugned order bearing no. KAShiE/ NEVI-1/ AOOAA/ 99/ 2024-25 dated 25/4/2025 issued by the respondent no.2 vide Annexure-C.

III. Issue a writ in the nature of certiorari by quashing the impugned order bearing No.KashiE/ NEVI-1/ AOOAA/ 28/ 2025-26 dated 25/6/2025 issued by the respondent no.2 vide annexure-D.

IV. Issue a writ in the nature of mandamus directing the respondents to hold the M.PHIL/MASTERS Degree qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor/Lecturers.

V. Hold the action of respondents in declaring the petitioners who have possessed only M.PHIL/MASTERS Degree qualification prior to 11.07.2009 without NET / SLET /Ph.D, as ineligible to hold the post of Assistant Professor / Lecturer, for the Academic Year 2025-26 as arbitrary, illegal and not sustainable in the eye of law and.

VI. Direct the respondents to consider the M.PHIL/MASTERS Degree qualification obtained by the petitioners prior to 11.07.2009 as per UGC regulations 2018, is the qualification on par with the candidates who have passed NET / SLET /Ph.D, Examinations and extend all the benefits which they are entitled to on par with them and.

VII. Direct the respondents 1 and 2 to continue the services of the petitioners as guest lecturers without replacing them by another set of guest lecturers in terms of the law laid down by the Hon’ble Supreme Court of India in case of State Of Haryana VS., Piara Singh and.

VIII. Direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 15 years and extend all the benefits arising out of the said regularization and.

IX. Grant such other relief/s as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the

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