IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 108039 OF 2025 (S-R)

BETWEEN:

JAYASHREE S. HADIMANI, AGE: MAJOR, OCC: HISTORY TEACHER, R/O: HOSA TEGUR, TQ: DIST: DHARWAD- 580 011.

…PETITIONER (BY SRI. SANTOSH KUMAR B. MALLIGAWAD, ADVOCATE)

AND:

1. THE DIRECTOR (ADMN)

DEPARTMENT OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BANGALORE- 560003.

2. THE COMMISSIONER DEPARTMENT OF PRE-UNIVERSITY EDUCATION SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BANGALORE- 01.

MANJANNA

3. THE SECRETARY SGM COMP, E PU COLLEGE, GARAG, Digitally signed by TQ: DIST: DHARWAD- 581 105.

MANJANNA E Location: HIGH COURT OF …RESPONDENTS KARNATAKA DHARWAD BENCH (BY SMT. NANDINI B. SOMAPUR, ADVOCATE FOR R1 & R2, Date: 2026.02.24 10:53:02 +0530 SRI. I.Y. PATIL, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO. 3 TO FORWARD THE RECOMMENDATION FOR REGULARISATION OF PETITIONER TO RESPONDENT NO.1 AND 2 IN TERMS OF REPRESENTATIONS DATED 07/08/2025 VIDE ANNEXURE D TO D-3, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioner has approached this Court seeking a writ of mandamus directing the respondents to regularize her services as lecturer in history subject in respondent No.3-Institution and to consider her long continuous service rendered against a sanctioned aided post.

Brief facts:

2. The petitioner was appointed as a lecturer in history subject in respondent No.3-Institution against a sanctioned aided vacancy. It is stated that the petitioner has rendered continuous service for more than 11-12 years. The post is stated to be vacant since 2014. The representations seeking regularization were made but not considered.

3. Learned counsel for the petitioner submits that the petitioner has rendered service for over a decade against a sanctioned aided post. The vacancy arose on account of a retirement of a permanent lecturer. The respondent-Institution has not filled the post through a regular selection despite the vacancy continuing. Learned counsel for the petitioner places reliance upon the decision of the Apex Court in the case of Karnataka State Private Collage Stop-Gap Lecturers Association Vs. State of Karnataka and Others, (1992) 2 SCC 29 (Karnataka State Private Collage Stop-Gap Lecturers Association) and two decisions of Co- ordinate benches of this Court in the cases of Smt. Prabavati S. Horadi Vs. The State of Karnataka and Others, W.P.No.15877/2005 D.D 28.06.2006 (Prabavati S. Horadi) and Smt. G.M. Roopa Vs. The Joint Director (Admn) and Others, W.P.No.3300/2013 D.D 27.11.2023 (G.M.

Roopa).

4. It is contended that the Apex Court in the case of Karnataka State Private Collage Stop-Gap Lecturers Association has held that long continuous of temporary teachers amounts to “backdoor adjustment”, if regular process is avoided. Therefore, once the petitioner has been continued for years together, the respondent-Institution cannot now treat the appointment as a casual or a guest engagement. It is submitted that the ratio of the Apex Court mandates that the teachers, who have worked for more than 3 years should not be terminated and should be observed when regular vacancies arise.

5. Per contra, learned counsel appearing for the respondents contends that the petitioner was only a guest lecturer. She was not in service as on date and that the Government permission to fill the post has not been granted and the regularization cannot be directed without following statutory recruitment rules. It is contended that the management has no power to regularize without Government approval.

6. Having heard learned counsel for the parties, the point that arises for consideration is:

“Whether the petitioner,