Ad-hoc or temporary employees cannot be replaced by other temporary employees; they must be replaced by regular appointees. Guest teachers serving against sanctioned vacant posts should be continued until regular recruitment is completed to ensure academic stability and student welfare.

THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT / DIRECTION OR ORDER AGAINST THE RESPONDENTS HEREIN TO CONTINUE THE SERVICE OF THE PETITIONER AS HINDI TEACHER / LECTURER AS SHE WORKING AS AGAINST THE SANCTIONED VACANT POSTS IN DR. BR AMBEDKAR RESIDENTIAL SCHOOL, DANDINASHIVARA, TURUVEKERE TALUK, TUMKUR DISTRICT, TILL REGULAR RECRUITMENT IS CONDUCTED IN ACCORDANCE WITH THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (CADRE AND RECRUITMENT) (AMENDMENT) REGULATIONS, 2021, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

a) Issue a writ of mandamus or any other writ / direction or order against the respondents herein to continue the service of the petitioner as Hindi Teacher / Lecturer as she working as against the sanctioned vacant posts in Dr.B.R. Ambedkar Residential School, Dandinashivara, Turuvekere Taluk, Tumkur District, till regular recruitment is conducted in accordance with the Karnataka Residential Educational Institutions Society (Cadre & Recruitment ) (Amendment) Regulations, 2021, in the interest of justice and equity.

b) Pass such other order/s as this Hon’ble Tribunal deems fit as per facts and circumstances of the case.”

Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 to 3 and 5 and learned counsel for respondent Nos.4 and 6 and perused the material on record.

It is the grievance of the petitioner that her representations at Annexures – D1 to D5 all dated 24.07.2025 submitted to the respondents have not been considered so far by respondents nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of present petition. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that under identical circumstances the Co-ordinate Bench of this Court in the case of Karnataka Residential Education Institution Society and others Vs. The State of Karnataka and others – W.P.No.7047/2023 and connected matters dated 21.02.2024 has passed the following order:

“These petitions are filed by the Guest Teachers Association of the Karnataka Residential Educational Institution Society and also Teachers seeking the following reliefs:

“a) Issue a writ in the nature of mandamus directing the respondents to continue the services of the petitioners as teachers/Lecturers as they are working as against the sanctioned vacant posts in Karnataka Residential Educational Institutions Society till regular recruitment is taken place in accordance with the Karnataka Residential Educational Institutions Society (Cadre & Recruitment) (Amendment) Regulations, 2021, under the facts and circumstances of the case; and

b) Issue a writ in the nature of mandamus directing the respondents to pay the pay scale attached to the post of a teacher/Lecturers as specified in the regulations i.e., Karnataka Residential Educational Institutions Society (Cadre and Recruitment Regulations (Amendment), 2021 published vide bearing No.SWD 245 MDS 2021 dated 16.2.2022 at Annexure-G on the principle of equal pay for equal work as held by the Hon’ble Supreme Court in 2017(1) SCC 148 and consequently direct the respondents to pay the difference of arrears of salary to the petitioner from the date of appointment with all other consequential benefits under the facts and circumstances of the case;

c) Issue a writ in the nature of mandamus directing the respondents to extend the benefit of service weightage to the petitioners while making regular recruitment to the post of teacher/Lecturers on par with the teachers/Lecturers those who are already appointed with the benefit of service weightage in terms of notification