✦ Karnataka High Court

(BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE) v. REP. BY ITS SECRETARY

Case at a glance

Provisions considered

Key paragraphs

  • Para 55. It is contented that the petitioners have passed M.Phil. degree without NET/SLET/Ph.D., are eligible to hold the post of Guest Lecturers as per the Notification dated 14.03.2023, in which, the UGC itself has clarified the said position, apart from UGC Regulations of 2018, and…
  • Para 2929. To buttress his arguments, he has placed reliance on the judgment of the Hon’ble Division of this Court in the case of wherein this Court has considered the Regulations of 2009 and held that M.Phil. degree cannot be treated on par with the Ph.D.…
  • Para 5858. The Hon’ble Apex Court has held that the Regulations are prospective in nature and all the candidates having M.Phil. degree on or before 10.07.2009 and all the persons who have acquired a Ph.D. degree on or before 31.12.2009 and had registered themselves 11 (2022)…

Judgment

#26. MR. HONNAPA S/O.MAREPPA AGED ABOUT 54 YEARS R/AT KANDAHALLI POST, BILHAR TALUK, WADIGERA DISTRICT, YADGIRI 585 355.

#27. MR.SURESH S/O.MARIDEVAPPA AGED ABOUT 42 YEARS RESIDENT NEAR POLICE STATION, SINDHANUR, BALGANUR, RAICHUR 584 138.

#28. MR.PRABHUDEVA S/O.VEERABHADRAYYA SALIMATH AGED ABOUT 47 YEARS R/AT NO.2/4/39, ELEGAR STREET, MASKI, RAICHUR-584 124.

#29. MR. SANJIVAKUMAR S/O.PANDURANG AGED ABOUT 48 YEARS R/AT NO.16/20, KOKTAN HIPPARGA TALUK, ALAND DISTRICT, KALABURGI -585 314.

#30. MR.RAGHAVENDRA.M.C. S/O.CHANDRAPPA.G.R. AGED ABOUT 43 YEARS R/AT ANJANADRI, 5TH CROSS, RIGHT SIDE NMC HOSAMANE, BHADRAVATHI-577 301.

#31. MR.MANOHARA S/O.BHIMANAIKA HC-KAR - 12 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS AGED ABOUT 46 YEARS R/AT GUDRUKOPPA VILLAGE, SHETTIHALLI POST, SHIVAMOGGA-577 227.

#32. MR.THIRTHALINGAPPA.M.R. S/O.RAMAPPA.M AGED ABOUT 45 YEARS R/AT M.AREALEHALLI, JAKKINKOPPA POST, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 472.

#33. MR.RAMAPRASAD.T. S/O.LAXMAN RAO TIKARE AGED ABOUT 41 YEARS C/O. RAMPRASAD SEWING MACHINE DEALERS, NEAR LIC OFFICE, KOPPAL 583 231.

#34. MR.NAGESH S/O.PHAKIRAPPA AGED ABOUT 45 YEARS R/AT GANDHINAGAR, BEHIND NEW BUS STAND, MASKI, RAICHUR - 584 124.

#35. MR.KIRAN KUMAR.M. S/O.BASAVARAJAPPA AGED ABOUT 43 YEARS R/AT 3RD CROSS, S.S.BHARMAPPA NAGARA, SHIVAMOGGA 577 202.

#36. MR. TIRUPATHI S/O. AMBANNA AGED ABOUT 53 YEARS R/AT GUDAUR POST, MASKI TALUK, RAICHUR-584 124. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 13 - CNR: KAHC010089032025

#37. MR.ARUNA KUMAR.G. S/O.HALASWAMY.N. AGED ABOUT 49 YEARS R/AT SANEHALLI POST, HOSADURGA TALUK, CHITRADURGA-577 515.

#38. MR.BASAVARAJ S/O.RAMAPPA HULAKANNAVAR AGED ABOUT 52 YEARS R/AT NEAR RAILWAY STATION WATER TANK, NEAR YALAGI HOUSE, KOPPAL 583 231.

#39. MR.GURULINGAPPA KADLI S/O.ISHWARAPPA KADLI AGED ABOUT 48 YEARS BELAVANAKI, GADAG 582 202.

#40. MR.BASAVARAJA S/O.ANDAPPA ADAGI AGED ABOUT 42 YEARS R/AT PLOT NO.145, TEACHER COLONY HANAMASAGAR, KOPPAL 583 281.

#41. MR.HALAPPA.G. S/O.CHANDRAPPA.G. AGED ABOUT 44 YEARS R/AT SOGI POST, HUVINAHADAGALI TALUK, VIJAYANAGARA DISTRICT - 583 219.

#42. MRS.BASAVARAJESHWARI.P. D/O.VAIJINATH AGED ABOUT 45 YEARS R/AT H NO.3-1024/1/125, SIDDESHWAR NAGAR GAJIPUR, KALBURGI - 585 101. HC-KAR - 14 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#43. MRS.JAYALAKSHMI D/O. ISHWARAPPA AGED ABOUT 43 YEARS R/AT H.NO.4-601/19, 1ST CROSS, VISHWA NILAYA, M.B.NAGAR GULBARGA 585 105. (BY SRI. RAJENDRA KUMAR SUNGAY T P.,ADVOCATE) ...PETITIONERS AND:

#1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE- 560 001 REP. BY ITS SECRETARY

#2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE - 560 001.

#3. UNIVERSITY GRANT COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002 REP. BY ITS SECRETARY (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2 SRI. H R SHOWRI, ADVOCATE FOR R3) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO HOLD THE M.PHIL. QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR / LECTURERS AS MENTIONED AT HC-KAR - 15 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS REGULATION NO. 4.0 OF UGC REGULATION 2018. DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL. 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 2024-25 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL. 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 ETC. IN WP NO. 1397/2025 BETWEEN:

#1. MR THYAGARAJU T.L S/O. UNGARAJU.S.M. AGED ABOUT 42 YEARS R/AT NO. 480/54/55, POORVASTHYA NILAYA, SURYAPUTRA LAYOUT, NEAR CHOWDAMMA TEMPLE, MARADIYUR VILLAGE, KOPPA POST, PERIYAPATNA TALUK. MYSORE-571 104.

#2. MRS. GAYATHRI B.A. D/O.APPALAH.B.Y. AGED ABOUT 41 YEARS. R/AT KADIYATHUR VILLAGE. KARAGUNDA POST, MADIKERI, KODAGU - 571 201.

#3. MR. SIDDARAJU.L. S/O.LATE.L. LINGARAIAH AGED ABOUT 46 YEARS R/AT SC STREET, HC-KAR - 16 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HONDARABALU VILLAGE AND MADUVANAHALLI POST, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT - 571 440.

#4. MR.MANJUNATHA SWAMY.N. S/O.LATE. NARAYANAPPA AGED ABOUT 45 YEARS, R/AT KEELAGANI VILLAGE, EMMENATHA POST, MULBAGAL TALUK, KOLAR DISTRICT - 563 101.

#5. MR.MANJUNATHA. V. S/O. VENKATARAMAIAH.T. AGED ABOUT 44 YEARS R/AT KEELAGANI VILLAGE, EMMENATHA POST, MULBAGAL TALUK, KOLAR DISTRICT - 563 136.

#6. MR.PRAKASH.Y.M. S/O.MUNIVEERAPPA AGED ABOUT 53 YEARS, R/AT NEW A.D. COLONY, BEHIND SHARADA GIRLS COLLEGE, MUTHYALPET, MULBAGAL TOWN, KOLAR-563 131.

#7. MR. NIRANJAN.D S/O. LATE. DEEPLANAIK LAKSHMAKKA AGED ABOUT 56 YEARS R/AT SREESHAILNILAYA OPP KARIBASAVESHWARA KHANAVALI, DODDAPET, CHITRADURGA 577 501

#8. MRS.HONNAVVA GUDIYA D/O. SANGAPPA AGED ABOUT 47 YEARS, R/AT KARIBASAVESHWARA KHANAVALI, HC-KAR - 17 - CNR: KAHC010089032025 DODDAPET, CHITRADURGA-577 501. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#9. MRS. VIJAYA KR D/O. RAMAPPA AGED ABOUT 45 YEARS R/AT SONNAVADI VILLAE, MULBAGAL POST AND TALUK-563 131.

#10. MRS. RAMARATHNAMMA.N. D/O.NARAYANA REDDY AGED ABOUT 44 YEARS R/AT GONUR KOPPA VILLAGE, BALIGANAHALLI POST, MALUR TALUK, KOLAR DISTRICT-563 139.

#11. MRS. SUDHA.M.Y. D/O. YELLAPPA AGED ABOUT 44 YEARS, R/AT NO. 152, 2ND CROSS, AMBEDKAR NAGAR, BANGARPET MAIN ROAD, KOLAR TALUK - 563 101.

#12. MR. THIMMAPPA.R. S/O. RAMADASAPPA AGED ABOUT 42 YEARS, R/AT MATHRUSHREE NILAYA, PNT QUARTERS, NEHARU NAGARA, 3RD CROSS, CHITRADURGA 577 501.

#13. MR. MANOHARA.H.N. S/O. LATE. NANJUNDASWAMY.M. AGED ABOUT 42 YEARS, R/AT NO.437, 12TH CROSS, N.R.MOHALLA, MYSORE 570 007.

#14. MR.PRASHANTHA. A.T. S/O.THIRTHAPPA.A. HC-KAR - 18 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS AGED ABOUT 41 YEARS, R/AT 7TH CROSS, LEFT BANK CHANNEL, NEAR CMC HALL, SHARAVATHI NAGAR, SHIVAMOGGA - 577 201

#15. MR. SRINIVASA.K. S/O. KENCHAPPA.R. AGED ABOUT 44 YEARS R/AT D.B. HALLI COLONY, KALLIHAL POST, BHADRAVATHI - 577 233.

#16. MR.NATARAJA.N.P. S/O.PALAKSHAPPA AGED ABOUT 59 YEARS R/AT NANDIHALLI AT BHADRAPURA POST, SHIKARIPURA TALUK, SHIMOGA-577 427.

#17. MRS. HARINI SASTRY.H.N. D/O. NAGABHUSHANA SASTRY.H.S. AGED ABOUT 45 YEARS R/AT NO. 158, SRI. BANASHANKARI AL. HAREEM LAYOUT, GOALA, SHIMOGA 577 205.

#18. MR. THIMMAREDDY.G. S/O.GOVINDAREDDY AGED ABOUT 42 YEARS, R/AT SHUBHASH NAGAR, LOKAPUR TALUK, MUDHOL DISTRICT, BAGALKOTE 587122.

#19. MRS. JYOTHI.V. D/O. VENKATASWAMY AGED ABOUT 45 YEARS R/AT OPP. BOYS JUNIOR COLLEGE, M.G.ROAD, NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 19 - CNR: KAHC010089032025 SRINIVASAPURA TOWN KOAR DISTRICT - 563 135.

#20. MRS.SARITHA KUMARI D/O.S. VISWANATHAIAH AGED ABOUT 44 YEARS, R/AT NADIPINAYAKANAHALLI, NAGAMANGALA POST, SHIDLAGHATTA TALUK, CHIKKABALLAPURA - 562 102.

#21. MRS. RUPA YASHODA M N D/O. NAGENDRAIAH.M. AGED ABOUT 45 YEARS, R/AT N.R.S.CAMPUS, KONANDUR, THIRTHAHALLI TALUK, SHIMOGA DISTRICT - 577 204.

#22. MR. SAKALESHA.H.G. S/O GIDDAPPA.H AGED ABOUT 59 YEARS R/AT HULMAR KOPPALU, RAGHAVENDRA BHADAVANE, SHIKARIPURA, SHIVAMOGGA 577427

#23. MRS.LEELAVATHI D/O.ANNI GOWDA AGED ABOUT 43 YEARS R/AT 3-277(1), AKSHAYA KONDALA, KALLEGA MANE, KABAKA VILLAGE, NEHARU NAGAR POST, PUTTUR, DAKSHINA KANNADA - 574 203.

#24. MR.NAGENDRA.K.M. S/O.MAHADEVASATTY.S. AGED ABOUT 51 YEARS, R/AT 1470/473, 2ND CROSS, 4TH DIVISION, KSN EXTENSION, HC-KAR - 20 - CNR: KAHC010089032025 GUNDLUPETE, CHAMARAJANAGAR - 571 111. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#25. MRS.VIMALA.U D/O UDUSALAPPA K H AGED BOUT 47 YEARS, R/AT NO.18, MUNICIPAL COLONY, 1ST MAIN, 1ST CROSS, KELAGOTE, CHITRADURGA-577 501.

#26. MR. THIMMANAGOUDRA PRAVEEN S/O. FAKKEERAGOUDA AGED ABOUT 46 YEARS, R/AT DYAMAVAN TEMPLE STREET, KUNDAGOLA TALUKA, GUDGERI, DHARWAD-581 107.

#27. MR. MALLIKARJUNA.M. S/O.LATE. MALLAIAH, AGED ABOUT 48 YEARS, R/AT NO.155/2, HOSA THIRUMAKUDALU, WARD NO.01, T. NARASIPURA TALUK, BYRAPURA, MYSORE - 571 124.

#28. MRS.RAJESHWARE.M. D/O.MUNIYAPPA AGED ABOUT 44 YEARS, R/AT 4TH MAIN ROAD, 4TH CROSS, GANDHI NAGAR, KOLAR 563 101.

#29. MRS. PUSHPAMMA.K.R. D/O.LATE. RAMAPPA AGED ABOUT 50 YEARS R/AT SIRESANDRA VILLAGE, SHAPUR POST, KOLAR 563 101. HC-KAR - 21 - CNR: KAHC010089032025

#30. MR.SOMANNA NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS S/O.NINGALAH AGED ABOUT 51 YEARS R/AT NANJAPURA VILLAGE, MALIYURU POST, BANNURU HOBALL T.NARASIPURA TALUK, MYSURU-571-101.

#31. MR.CHANDRASHEKARA S/O.MALLAPPA AGED ABOUT 48 YEARS R/AT RAGHAVENDRA NILAYA, BAPUJI STREET, DEVADURGA DISTRICT, RAICHUR 564 111.

#32. MR.MALLIKARJUNA SWAMY.S.C. S/O.CHANNABASAPPA.S.M. AGED ABOUT 47 YEARS, R/AT SANKIHALLI POST, ARASIKERE, HASSAN 573 125.

#33. MR. VISHWANATHA.Y.M. S/O. MARULASIDDAPPA AGED ABOUT 48 YEARS R/AT YAREHALLI VILLAGE, SHANEGERE POST, BANAVARA HOBLI, ARASIKERE TALUK - 573 112.

#34. MR.NAGARAJA.N.A. S/O.ANJANAPPA.N. AGED ABOUT 50 YEARS R/AT NAGANAYAKANAHALLI VILLAGE, GUMREDDYPURA POST, KOLAR 563 126.

#35. MR. NAGARAJA.K.N. S/O. NARAYANAPPA.K. AGED ABOUT 54 YEARS, NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 22 - CNR: KAHC010089032025 R/AT HOSUR VILLAGE, TALAGAVARA POST, CHINTAMANI TALUK, CHIKKABALLAPURA 563 128.

#36. MRS.RENUKA D/O. SHIVALINGAPPA AGED ABOUT 45 YEARS R/AT NO.1/81/1, ABU MOHALLA STREET, DEVADURGA, RAICHUR - 584 111.

#37. MR. SRINIVASA.K. S/O. KRISHNAPPA AGED ABOUT 51 YEARS, R/AT CHANJIMALE VILLAGE AND POST, KOLAR-563-128.

#38. MR. NARASAPPA S/O.HANUMAPPA AGED ABOUT 50 YEARS R/AT ABBUMOHALLA STREET, DEVADURGA POST, DEVADURGA TALUK, RAICHUR DISTRICT - 584 111.

#39. MR.SRINIVAS S/O. NAGAPPA AGED ABOUT 43 YEARS R/AT JANATHA COLONY, NEAR SAMUDHAYA BHAVANA ASKIHAL, RAICHUR-584 102.

#40. MR.DEVARAJ S/O.REVANNAGOUDA AGED ABOUT 49 YEARS, R/AT NO.1-3-578/114, ASHAPUR ROAD, NEAR BCM HOSTEL, NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 23 - CNR: KAHC010089032025 RAGHAVENDRA NAGAR, RAICHUR-584 203.

#41. MR.CHANDRASHEKHAR S/O. VIRUPANNA AGED ABOUT 54 YEARS R/AT H.NO.1-11-71/78, MAHALAXMI LAYOUT, RAMPUR ROAD, RAICHUR-584 101.

#42. MRS. CHETHANA.R. D/O.RAMAKRISHNA.L. AGED ABOUT 50 YEARS R/AT NAMAMMA NILAYA, 1ST CROSS, SHANKARA MUTT ROAD, HASSAN 573 201.

#43. MRS. ASVINI D/O.SHIVAREDDAPPA. B AGED ABOUT 47 YEARS R/AT SHRI MALLIKARJUN NILAYA, BALAGANUR ROAD, MASKI, KOPPAL - 584 124

#44. MRS. ANURADHA D/O. D/O.SHIVAREDDAPPA. B AGED ABOUT 48 YEARS R/AT NEAR WATER TANK, VAVI SHIR NAGAR, 1 CROSS, KOPPAL - 584 124.

#45. MRS. GEETHAKSHI.K.R. D/O.LATE. RAMANNA NAIK AGED ABOUT 46 YEARS, R/AT 2-93/22, NANDADEEPA, SHANKAR NAGARA, MANGALORE-575 015. HC-KAR - 24 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#46. MR.SARVANGAMURTHY.S. S/O.SAKRYA NAIK. D. AGED ABOUT 54 YEARS R/AT NO.28, KOSAKOPPA, HOSAHALLI, SHIMOGA-577 202.

#47. MRS. JYOTI D/O. MANIK JADHAV AGED ABOUT 41 YEARS R/AT PARVATI NILAYA, MATKI ROAD, ALAND DISTRICT, KALBURGI 585 302.

#48. MR.SHIVASHARANA S/O.BASANNA AGED ABOUT 44 YEARS, R/AT NO.1-974/A, TARFAIL ROAD, NEAR RAILWAY STATION, 9TH CROSS, TARAFAIL, GULBARGA 585 102. (BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE) AND: ...PETITIONERS

#1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE - 560 001. REP. BY ITS SECRETARY

#2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE - 560 001.

#3. UNIVERSITY GRANT COMMISSION, BAHADUR SHAH ZAFAR MARG, HC-KAR - 25 - CNR: KAHC010089032025 NEW DELHI-110 002. REP. BY ITS SECRETARY NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2 H R SHOWRI, ADVOCATE FOR R3) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENTS. DIRECT THE RESPONDENTS TO HOLD THE M.PHIL. QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR / LECTURERS AS MENTIONED AT , 2018. REGULATION NO.4.0 OF UGC REGULATION DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL. QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET/SLET/PH.D, AS INELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR / LECTURERS, FOR THE ACADEMIC YEAR 2024-25 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL. 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 EXTENT ALL THE BENEFITS WHICH THEY ARE ENTITLED TO ON PAR WITH THEM AND ETC. IN WP NO. 1935/2025 BETWEEN:

#1. MRS. GEETHA G D/O. GAVISIDDAPPA B. KOPPA AGED ABOUT 46 YEARS, R/AT DR. B.R.AMBEDKAR NAGAR, KOPPAL 583 231. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 26 - CNR: KAHC010089032025

#2. MR. NAGARAJ.K.S. S/O.SHEKHARAPPA.K.S. AGED ABOUT 48 YEARS. R/AT NO.3/43, BASAVESWAR BEEDI, DASMAPURA, HAGARIBONNAHALLI, BELLARY - 583 212.

#3. MRS.BASAMMA D/O. VEERANNA JIGERI AGED ABOUT 43 YEARS R/AT TALAVAGERI GAVISHREE NAGAR, 3RD CROSS, BEHIND S.G. COLLEGE, KOPPAL 583 231.

#4. MR.ISHAPPA METI S/O.UJJAPPA AGED ABOUT 56 YEARS R/AT YADIYAPUR POST, KUKANOOR TALUK, KOPPAL-583-232.

#5. MR.UMESH S/O.BASAPPA KATARAKI AGED ABOUT 49 YEARS R/AT HAMALAR COLONY, NEAR KORAMMANA TEMPLE, OPP. PRABHUDEV OIL MILL, GAVIMATH ROAD, KOPPAL 583 231.

#6. MR. VENKATESHA.S. S/O.T.SHANKARA NAIK AGED ABOUT 50 YEARS R/AT KALVI THANDA POST, WEST KALVI TALUK, HUVINAHADAGALI DISTRICT, VIJAYANAGARA 583 214 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 27 - CNR: KAHC010089032025

#7. MR.MAHESHA S/O. NINGABHATTA POOJAR AGED ABOUT 47 YEARS, R/AT ITAGI POST, KUKANOOR TALUK, KOPPAL-583 232.

#8. MR.KALLAYYA PUJAR S/O. VEERAYYA PUJAR AGED ABOUT 47 YEARS R/AT PAPANASHINI POST, GADAG 582 103.

#9. MRS.MADHU D/O AMBANNA AGED ABOUT 52 YEARS R/AT H.NO.2-573, BHEEM NAGAR JAGATH, OPP. JANAVASHADI MEDICAL SHOP, KALABURAGI 585 225.

#10. MRS. NAGARATHNA D/O.MADEEPA CHOWDHARY AGED ABOUT 45 YEARS, R/AT H.NO.2-907/14-13, GUBBI COLONY, M.G.ROAD, GULBARGA 585 105.

#11. MRS.PRANOTI D/O.GURUNATH AGED ABOUT 48 YEARS, R/AT PLOT NO.35, SNEHA SHAM NIVAS, BEHIND RASHMI COLLEGE, SARASWATIPUR, KUSHNOOR ROAD, KALBURGI 585 106.

#12. MRS. HASARGUNDE CHETANA OMPRAKASH D/O. OMPRAKASH HC-KAR - 28 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS AGED ABOUT 45 YEARS, R/AT H.NO.4-601/2473/18/7, SANGAMESH NILAYA, M.G.ROAD, M.B.NAGAR, KALABURAGI-585 101

#13. MRS. SHWETA D/O. BASAVARAJ ALLUR AGED ABOUT 39 YEARS, R/AT KAPLAPUR POST, BIDAR 585 402.

#14. MRS. ANITHA.N. D/O.R.K.NARASIMHA MURTHY AGED ABOUT 56 YEARS R/AT NO E 770 M T C COLONY, GAURIBIDANUR CHIKKABALLAPUR - 561208

#15. MRS B VANITHA D/O VAIJANATH AGED ABOUT 50 YEARS. R/AT GHATBORAL POST, HUMNABAD TALUK BIDAR-565-418

#16. MRS. LEELAVATHI K.E D/O.K.ESHWARAPPA AGED ABOUT 45 YEARS, R/AT 1ST MAIN, 4TH CROSS, BASAVESHWAR NAGAR HIREKERUR, HAVERI-581 111.

#17. MR. GANGADHAR S/O .CHANDRASHEKHAR AGED ABOUT 52 YEARS, R/AT NANAPUR STREET, GURMITKAL DISTRICT, YADAGIR-585 214 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 29 - CNR: KAHC010089032025

#18. MR. MOHAMMED. RAISUDDIN S/O.MD. RAFIUDDIN AGED ABOUT 48 YEARS, R/AT H.NO.7-918/A, NEAR NOOR BAGH, NAYA MOHELLA, KALABURAGI-585 104

#19. MR.ANIL KUMAR S/O.MARUTI AGED ABOUT 41 YEARS CHITHUPPA TALUK CHITGUPPA DISTRICT, BIDAR-585 412.

#20. MR.CHANDRAKANT S/O PRABHULING AGED ABOUT 44 YEARS, R/AT NO.34, ITIGA POST, BIDAR-565 412

#21. MR.NAMDEV S/O. NAGAPPA AGED ABOUT 51 YEARS, R/AT BAHIMALLI POST, BIDAR 585 226.

#22. MR. ANILKUMAR S/0 SHANKAR RAO BHOSLE AGED ABOUT 52 YEARS, R/AT GHATBORAL POST, HUMNABAD TALUK BIDAR – 585418

#23. MRS JYOTHI G D/O GANESH G S G S AGED ABOUT 48 YEARS R/AT NO 345, LAKSHMI NILAYA NEAR ENGINEERING LADIES HOSTEL VIDHYANAGAR, HASSAN - 573201 HC-KAR - 30 - CNR: KAHC010089032025

#24. MRS. NANDINT.E NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS D/O ESHWARIAH K.C. AGED ABOUT 42 YEARS R /AT. 5TH CROSS, SAMPIGE ROAD, K R PURAM, NEAR PODAR JUMBO KIDZ, HASSAN-573 201

#25. MRS. GEETHA. M.S D/C.SUBBARAYAPPA AGED ABOUT 51 YEARS R/AT 1 FLOOR, ABOVE YOGESH BHARAT GAS, PRASANTH NAGAR, CHIKKABALLAPURA-562 101.

#26. MR.HANUMANTHARAJU.B.H. S/O HANUMALAH B.S. AGED ABOUT 49 YEARS, R/AT BOMMALINGAIAHNAPALYA YELEKYATHANAHALLI POST. SOMPURA HOBIL, NELAMANGALA TALUK BANGALORE-562.111

#27. MR. RAMANJINAPPA S/O CHICKKAHANUMANTARAYAPPA AGED ABOUT 54 YEARS R/AT SULTANPET VILLAGE, NANDI POST, CHICKBALLAPUR-562 103.

#28. MRS. BHAVYA SHREE D.C. D/O. CHANNA BASAVARAJU. D.C. AGED ABOUT 44 YEARS R/AT. NO.173/273, SHIRKIE APARTMENT, NEAR WATER TANK, KENGERI UPANAGARA, BANGALORE-560.060

#29. MRS.VANAMATA SIVAREDDY D/O.JAGPAL REDDY AGED ABOUT 49 YEARS HC-KAR - 31 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS R/AT FLAT NO F507, F BLOCK, 5TH FLOOR, KHB PLATINUM APARTMENT, KENGEN SATELLITE TOWN, BENGALURU-560 060.

#30. MRS BHARATHI.T D/O. THIPPESWARMY AGED ABOUT 48 YEARS R/AT NO.5. JAI RAM LAYOUT, 1ST MAIN, 1ST CROSS. NEAR PANCHAMUKHI GANAPATHI TEMPLE NANJANGUDU-571 310

#31. MRS. MUBASHIRA BANU DIO MOHAMED SHAFI AGED ABOUT 49 YEARS R/AT NO.51, 3 CROSS KEB COLONY, UDAYAGIRI, MYSORE-560 019

#32. MRS.K.B. PARVATHAMMA D/O BELUR GOWDA AGED ABOUT 55 YEARS R/AT GAYATHRI EXTN.. CHANNARAYAPATTANA-573 116

#33. MR.MAHESHA D.S S/O. SOMASHEKARA AGED ABOUT 46 YEARS. R/AT DINKA VILLAGE AND POST CHINAKKURALI HOBLI, PANDAVANAPURA TALUK, MANDYA DISTRICT-571 812.

#34. MRS KAVOOR RADHARANI W/O SHESHAGIRI JANADRI AGED ABOUT 59 YEARS R/AT MADHUVAN, NEAR PANDURANGA TEMPLE, PAMPAHANAGAR, HC-KAR - 32 - CNR: KAHC010089032025 GANGAVATHI KOPPAL DIST-583227. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#35. MRS. MANJULA GACHINAMATH D/O.AMARAYYA AGED ABOUT 43 YEARS R/AT C/O. DR.C.V.HIREMATH CTES B.ED., COLLEGE, R.D. CAMPUS, CHIKODI-591201.

#36. H.T. NAGARAJEGOWDA S/O. THIMMEGOWDA AGED ABOUT YEARS R/AT HEGGADAHALII, MAKAVALLI POST, K.R.PET TALUK, MANDYA-571 426

#37. MRS. N. MANJULA D/O.N. THIPPAIAH SETTY AGED ABOUT 56 YEARS R/AT SADASHIVANAGARA, SIRUGUPPA-583 121.

#38. MRS SOWMYA D/O RAMEGOWDA AGED ABOUT 40 YEARS R/AT NEAR GOVERNMENT PRIMARY SCHOOL, KUDIYANUR KOLAR-563 130

#39. MR.PRALHAD LAMANI S/O. KHEMAPPA AGED ABOUT 56 YEARS R/AT SANTRUPTHI NIVAS, RAMALINGESHWARA COLONY, MUDGAL TALUK, LINGASUGUR DISTRICT, RAICHUR-584 125. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS HC-KAR - 33 - CNR: KAHC010089032025

#40. MR. GOPALA REDDY S/O. NARAYANA REDDY AGED ABOUT 40 YEARS, R/AT 1769, 11TH WARD. REDDY STREET, KANAKGIRI GANGAVATHI, KOPPAL - 583 283

#41. MRS. DODDABASAMMA D/O. KALAKANA GOUDA, AGED ABOUT 50 YEARS R/AT WARD NO.3, GURU COLONY, JAYANAGARA, GANGAVATHI, KOPPAL-583 227.

#42. MRS RENUKA D/O RAMAPPA AGE 48 YEARS R/AT DAILY VEGETABLE MARKET KILA AREA, NEAR BHARATH FLOUR MILL 5TH WARD GANGAVATHI - 583227

#43. MR.VIJAY S/O.MOTILAL AGED ABOUT 46 YEARS, R/AT NO.2/38, BALAJI NAGAR POST. THANAGUNDI TALUK, YADGIR-585 202.

#44. MR. SHANTHAKUMAR S/O.RAMASETTY AGED ABOUT 50 YEARS R/AT GONIBIDU VILLAGE AND POST, BHADRAVATI TALUK, SHIVAMOGA-577 115.

#45. MR.SURESH G.R. S/O.MR.M.N. RUDRAPPA HC-KAR - 34 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS AGED ABOUT 47 YEARS R/AT GANGONDANAHALLI VILLAGE. TAVAREKERE POST, CHENNAGIRI TALUK, DAVANAGERE-577 213

#46. MR.RAJATH S/O RAMA MOHAN K AGED ABOUT 48 YEARS R/AT NO.192, MAIN POST OFFICE ROAD, N.R.EXTN, CHINTAMANI, CHIKKABALLAPUR-563 125

#47. MR.VISHWANATH.T S/O THIMMALAH.H AGED ABOUT 48 YEARS, R/AT NO. 369, VADDARAHATTI VILLAGE, BYALYA POST, PURUVARA HOBLI, MADHUGIRI TALUK TUMKUR-572 175

#48. CHANDRASHEKAR. N. S/O. NAGARAJU. N. AGED ABOUT 56 YEARS R/AT MANGALA VILLAGE AND POST, HANUR TALUK CHAMARAJANAGARA DISTRICT-571443.

#49. MR.S.V. SOMASHEKARA S/O VEERABHADRAPPA AGED ABOUT 51 YEARS R/AT SHETTIVARAHALLI, BELAGALABURRE POST, KOLAR-563 126.

#50. MRS.LAKSHMI.R.K D/O R.C. KRISHNA REDDY AGED ABOUT 41 YEARS, R/AT BYRAVESHWARA NILAYA, HC-KAR - 35 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS TANK BUND ROAD, OLD VANI SCHOOL, 10TH CROSS, CHINTAMANI TOWN, CHIKKABALLAPURA-563 125

#51. MRS. MADHUMATI D/O. SHAMRAO AGED ABOUT 41 YEARS R/AT H.NO.E 5/1, CMC ROAD, JAYPEE TOWNSHIP, JAYPEE COLONY, SHAHABAD, GULBARGA-585 229.

#52. MR.KUMARASWAMAI HIREMATH S/O, GURUSANGAYYASWAMI AGED ABOUT 43 YEARS R/AT KAPANUR POST, HUNAKUNTI TALUK, MUDDEBIHAL DISTRICT, VIJAYAPUR-586 129.

#53. MR. RAJASHEKHAR NEGALUR S/O.SHANKARAPPA AGED ABOUT 51 YEARS R/AT KATTEBENNUR, HUVINA HADAGALI TALUK. VIJAYANAGARA-583 216.

#54. MRS. ANUPAMA K.H. D/O. HANUMANTHAPPA.B. AGED ABOUT 51 YEARS R/AT MARUTHI NILAYA, NEHRU NAGAR, 3RD CROSS, HLK ROAD, CHITRADURGA-577 527.

#55. MR. SANTHOSHA.T.S. S/O SHEKHARAPPA AGED ABOUT 41 YEARS, R/AT C/O SRINIVASA, BEHIND OLD COURT, HC-KAR - 36 - CNR: KAHC010089032025 HOSADURGA TOWN, CHITRADURGA-577 527. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS (BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE) ...PETITIONERS AND:

#1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE-560 001. REP. BY ITS SECRETARY

#2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE-560 001.

#3. UNIVERSITY GRANT COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002 REP. BY ITS SECRETARY ...RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2 (MA NOT FILED) SRI. H R SHOWRI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENTS. DIRECT THE RESPONDENTS TO HOLD THE M.PHIL. QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE QUALIFICATION TO HOLD THE LECTURERS. POST OF ASSISTANT DECLARING THE PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL. QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET / SLET / PH.D. AS INELIGIBLE TO HOLD THE PROFESSOR / HC-KAR - 37 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS POST OF ASSISTANT PROFESSOR / LECTURER FOR THE ACADEMIC YEAR 2024-25 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW. DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL. 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. DIRECT THE R-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 HIGH COURT OF KARNATAKA IN PIRA SINGHS CASE. DIRECT THE R-1 AND 2 TO REGULARIZE THE SERVICES OF THE PETITIONERS AS THEY HAVE BEEN IN CONTINUOUS SERVICES FROM 10 TO 22 YEARS AND EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION. IN WP NO. 19097/2025 BETWEEN:

#1. SMT. MADHURA. B. V. D/O.VENKATESH.B.L. W/O. ANANTHA. S. BHAT AGED ABOUT 45 YEARS, R/AT NO.351, 4TH AVENUE, 5TH MAIN, TEACHER’S COLONY, KORAMANGALA, BENGALURU 560 034.

#2. SRI.SRINIVASA.A. S/O.LATE. AJJANNA AGED ABOUT 50 YEARS, R/AT KATAPPANAHATTY, GOLLARAHATTY, CHALLAKERE, CHITRADURGA 577 522. HC-KAR - 38 - CNR: KAHC010089032025

#3. SRI. MONESHA.E. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS S/O. INAYATHULLA. AGED ABOUT 41 YEARS, R/AT SHREE CHANDRAGIRI NIVASA, IDUP LAYOUT, 11TH CROSS, CHITRADURGA

#4. SRI.KAMMARA NAGABHUSHANA S/O.K.HANUMANTHAPPA AGED ABOUT 48 YEARS, R/AT SOMMAGUDDU POST, CHALLAKERE TALUK, CHITRADURGA - 577 522.

#5. SRI. RAGHAVENDRA.K.O. S/O. OBAIAH.K.B. AGED ABOUT 41 YEARS, R/AT NERLAGUNTE POST, CHALLAKERE, CHITRADURGA 577 522.

#6. SRI. ANANDASWAMY.K. S/O. KEMPAIAH AGED ABOUT 56 YEARS R/AT KAMBADAHALLI THEETHA POST, HOLAVANAHALLI HOBLI, KORATAGERE TALUK, TUMKUR - 572 129.

#7. SRI.SHIVAKUMAR.R.N. S/O.NARASIMHAPPA AGED ABOUT 53 YEARS, R/AT RANGASAMUDRA POST, PAVAGADA TALUK, TUMKUR 561 202.

#8. SRI. NARASIMHARAJU.K. S/O. KRISHNAPPA AGED ABOUT 56 YEARS, R/AT KADAPALAKERE VILLAGE, HC-KAR - 39 - CNR: KAHC010089032025 GUNDLAHALLI POST, PAVAGADA TALUK, TUMKUR 561 202. NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#9. SRI. VINOD KUMAR G.D. S/O. DURGUGESHAPPA.D. AGED ABOUT 45 YEARS, R/AT 2ND CROSS, MUNICIPAL COLONY, KELGOTE, CHITRADURGA 577 501.

#10. SMT. KALPANA. K. D/O.KEMPE GOWDA. B. AGED ABOUT 57 YEARS, R/AT NO.130, 3RD PHASE, 4TH STAGE, VIJAYAYANAGAR, MYSORE 570 017.

#11. SRI.LINGARAJU.A.V. S/O. VEERABHADRAPPA.R AGED ABOUT 52 YEARS R/AT ANIVALA POST, HOSADURGA TALUK, CHITRADURGA - 587 118.

#12. SMT. PADMASHREE. S.T. D/O. THIPPESWAMY.S.S. AGED ABOUT 43 YEARS, R/AT 3RD MAIN, 3RD CROSS, SANGAMESHWARA BADAVANE, CHITRADURGA 577 501.

#13. SMT. PREMALATHA.C.V. D/O.VENKATASWAMY.C.K. AGED ABOUT 47 YEARS, R/AT 4TH CROSS, IUDP LAYOUT, CHITRADURGA 577 501. HC-KAR - 40 - CNR: KAHC010089032025

#14. SMT.K.S.VINUTHA NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS D/O.K.G.SRINIVASA GOWDA AGED ABOUT 52 YEARS, R/AT BELEGADDE , HOSKOPPA POST, KOPPAL TALUK CHIKKAMAGALURU DISTRICT - 577126

#15. SMT.ARPANA.H.T. D/O.THIMMAIAH.K.G. AGED ABOUT 42 YEARS, R/AT NO.106, AMRUTHESHWARA NAGAR, BELAWADI, MYSORE 573 113

#16. SRI.RUDRAPPA UPPALADINNI S/O.SANGAPPA AGED ABOUT 48 YEARS R/AT VTC MAGALORE, PO MANGALORE, KOPPALA DISTRICT - 583 230

#17. SRI.DHANRAJ S/O. MADHAV RAO AGED ABOUT 53 YEARS R/AT BHATAMBRA POST, BHALKI TALUK, BIDAR DISTRICT - 585 411

#18. SRI. SHIVANAND B. GURJER S/O. BASAYYA AGED ABOUT 58 YEARS R/AT HIREMATTUR POST, HULLATTI TALUK, RATTIHALLI DISTRICT, HAVERI 581 116

#19. SRI. BASAVANA GOUD M N S/O.NAGANA GOWDA, AGED ABOUT 43 YEARS, R/AT HIREMADAPUR, HC-KAR - 41 - CNR: KAHC010089032025 DODDAGUBBI, HAVERI - 561 116 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#20. SRI. MOHAN BENAGERI S/O. GUTTEPPA AGED ABOUT 46 YEARS, R/AT NO.817/1, HARALAYYA NAGAR, DEVARAGUDDA ROAD, RANIBENNUR, HAVERI 581 115

#21. SRI. KARABASAPPA MARADIBANAKAR S/O.MALLAPPA AGED ABOUT 53 YEARS, R/AT KUDARIGALLI, KURABAGERI, RANEBENNUR DISTRICT, HAVERI 581 115

#22. SRI. CHANDRASHEKHAR C. SHIRAGERI S/O.CHANNABASAPPA AGED ABOUT 48 YEARS, R/AT RENUKA NILAYA, MRUTHUNJAYA NAGAR, 2ND CROSS, 3RD MAIN, RANEBENNUR - 581 115

#23. SRI.BASAVARAJ S/O.BANDAPPA SHEELAVANT AGED ABOUT 54 YEARS R/AT H.NO.2-909/42/1, RING ROAD GREEN HILLS COLONY, NEAR GANESH NAGAR, KALBURAGI 585 105

#24. SRI. IRAYYA HIREMATH S/O.SHARANAYYA AGED ABOUT 53 YEARS, R/AT HUNAGUND POST AND DISTRICT, BAGALKOT 587 118 HC-KAR - 42 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#25. SRI. JAYAPRAKASH KARISHETTI S/O.MAHABALESHWAR AGED ABOUT 47 YEARS R/AT KOKMBALI POST, HUVINAHADAGALI TALUK, VIJAYANAGAR DISTRICT - 583 219

#26. SRI. JAGADEESHA.H.D. S/O.DUGGAPPA GOWDA H.V. AGED ABOUT 56 YEARS R/AT IDK, 12/B NEW COLONY, NEW TOWN, BHADRAVATHI 577 301

#27. SRI. SATISH KUMAR.M.R. S/O.RAJANNA.M. AGED ABOUT 46 YEARS R/AT NO.120/1, S.R.ROAD, 1ST CROSS, NEAR MAKAMS SCHOOL, GANDHINAGAR, CHALLAKERE - 577 522

#28. SRI.GOVINDA REDDY HANUMA REDDY KAR S/O. HANUMA REDDY KARE REDDY AGED ABOUT 50 YEARS, R/AT KANCHUGARANAHALLI, DAGINAKATTE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 551

#29. SMT. BARADUR DAYAVATI D/O.MALLIKARJUNAPPA AGED ABOUT 47 YEARS W/O.M.V.ARALI, R/AT A.D.NAGAR, NEAR VEERABHADRESHWAR TEMPLE, MUNDARGI, GADAG DISTRICT - 582 118

#30. SMT. PALLAVI.D. D/O. DEVARAJAPPA.C. AGED ABOUT 40 YEARS, R/AT PRAVEEN NILAYA, HC-KAR - 43 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS LAKSHMISHA NAGARA, KADUR POST AND TALUK, CHIKKAMAGALUR DISTRICT - 577 548

#31. SRI.JAYAKUMAR SHEKHARAPPA HULLINAKOPPA S/O.SHEKHARAPPA AGED ABOUT 55 YEARS, R/AT YATTINAHALLI POST, MK TALUK, HIREKERUR DISTRICT, HAVERI 581111 ...PETITIONERS (BY SRI. T P RAJENDRA KUMAR SUNGAY.,ADVOCATE) AND:

#1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE - 560-001. REP. BY ITS SECRETARY

#2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE 560 001

#3. UNIVERSITY GRANT COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002. REP. BY ITS SECRETARY ...RESPONDENTS (BY SRI. SHOWRI H R., ADVOCATE FOR R3 SRI. G RAMESH NAIK, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO HOLD THE M.PHIL. HC-KAR - 44 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS IN DECLARING QUALIFICATION ACQUIRED BY THE PETITIONERS PRIOR TO 11.07.2009 AS ELIGIBLE TO HOLD THE POST OF ASSISTANT PROFESSOR /LECTURERS AND II) HOLD THE THE ACTION OF RESPONDENTS PETITIONERS WHO HAVE POSSESSED ONLY M.PHIL. 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, MEGAL AND SUSTAINABLE IN THE EYE OF LAW AND III) DIRECT THE RESPONDENTS TO CONSIDER THE THE M.PHIL. QUALIFICATION OITAINED BY 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 IV) TO QUASH THE NOTIFICATION DATED 25.06.2025 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-F AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE AND V) 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 VI) DIRECT THE RESPONDENTS 1 AND 2 TO REGULARIZE THE SERVICES OF THE PETITIONERS AS THEY HAVE BEEN IN CONTINUOUS SERVICE FROM 10 TO 25 YEARS AND EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION. IN WP NO. 21966/2025 BETWEEN: SMT. JAYANTHI K G, W/O JAGADEESHA G S, AGED ABOUT 42 YEARS, RESIDING AT 3RD MAIN, 8TH CROSS, NEAR 2ND WATER TANK, HC-KAR - 45 - CNR: KAHC010089032025 VINOBA NAGAR, DAVENGERE-577006 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS ...PETITIONER (BY SRI. JAGADEESHA G S.,ADVOCATE) AND:

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

#2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BENGALURU-560001.

#3. UNIVERSITY GRANT COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELH-110002. REP. BY ITS SECRETARY, ...RESPONDENTS BY SRI. G RAMESH NAIK, AGA FOR R1 & R2 SRI. H R SHOWRI, ADVOCATE FOR R3 (VK NOT FILED)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENTS AND RESPONDENTS TO HOLD THE M.PHIL QUALIFICATION ACQUIRED BY THE PETITIONER PRIOR TO 11.07.2009 AS ELIGIBLE POST OF ASSISTANT THE TO HOLD PROFESSOR/GUEST LECTURERS AND II) DECLARING THE PETITIONER WHO HAVE POSSESSED ONLY M.PHIL QUALIFICATION PRIOR TO 11.07.2009 WITHOUT NET/SLET/PH.D AS INELIGIBLE TO HOLD THE HC-KAR - 46 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS POST OF ASSISTANT PROFESSORS/GUEST LECTURERS FOR THE YEAR 2025-26 AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW AND III) DIRECT THE RESPONDENTS TO CONSIDER THE M.PHIL, QUALIFICATION OBTAINED BY THE PETITIONER PRIOR TO 11.07.2009 AS PER UGC REGULATION 2018, IS THE QUALIFICATION ON PAR WITH THE CANDIDATES WHO HAVE PASSED NET/SLET/PH.D, EXAMINATION AND EXTEND ALL THE BENEFITS WHICH SHE IS ENTITLED TO ON PAR WITH THEM AND IV) TO QUASH THE NOTIFICATION DATED 25-06-2025 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-F AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE AND V) DIRECT THE RESPONDENTS 1AND 2 TO CONTINUE THE SERVICE OF THE PETITIONER AS GUEST LECTURER WITHOUT REPLACING HER BY ANOTHER SET OF GUEST LECTURERS IN TERMS OF THE LAW LAID DOWN BY THE HON’BLE SUPREME COURT OF INDIA IN CASE OF IN ITS VARIOUS JUDGMENTS I.E., STATE OF HARYANA V/S PIARA SINGH AND VI) DIRECT THE RESPONDENT NO 1 AND 2 TO REGULARIZE THE SERVICES OF THE PETITIONER HAS BEEN IN CONTINUOUS SERVICE FROM 11 AND 1/2 OF YEARS TO EXTEND ALL THE BENEFITS ARISING OUT OF THE SAID REGULARIZATION AND VII) 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 INTERIM OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON’BLE MR. JUSTICE ASHOK S.KINAGI HC-KAR - 47 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS ORAL ORDER

#1. These writ petitions are filed by the petitioners seeking following reliefs: In WP No.5028/2025: (i) issue a writ in the nature of Mandamus directing the respondents to hold the M.Phil. qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor / Lecturers and (ii) hold respondents the action of the petitioners who have declaring possessed only M.Phil. 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 2024-25 as arbitrary, illegal and not sustainable in the eye of law and Regulations (iii) direct the respondents to consider the M.Phil. qualification obtained by the petitioners prior to 11.07.2009 as per UGC 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 2018, (iii) (a) To Quash the Notification bearing No. (cid:1)ಾ(cid:3)ೕಇ/(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)-1/ಅಉಆಅಉಆಅಉಆಅಉಆ/28/2025-26 (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ dated 25.06.2025 issued by 2nd respondent vide Annexure-H as HC-KAR - 48 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS arbitrary, illegal and not sustainable and; (iv) 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 High Court of Karnataka in Pira Singh's case and (v) direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 22 years and extend all the benefits arising out of regularization.” In W.P. No.1150/2025: (i) issue a writ in the nature of Mandamus directing the respondents to hold the M.Phil. qualification acquired by petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor / Lecturers as mentioned at regulation no. 4.0 of UGC regulation 2018; (ii) hold respondents the action of declaring the petitioners who have possessed only M.Phil. 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 2024-25 as arbitrary, illegal and not sustainable in the eye of law. (iii) direct the respondents to consider the M.Phil. qualification obtained by petitioners prior to 11.07.2009 as per HC-KAR - 49 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS 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 etc. (iii) (a) To Quash the Notification bearing No. (cid:1)ಾ(cid:3)ೕಇ/(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)-1/ಅಉಆಅಉಆಅಉಆಅಉಆ/28/2025-26 (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (iii)(b) (iv) dated 25.06.2025 issued by 2nd respondent vide Annexure-H as arbitrary, illegal and not sustainable and; services of direct the respondents 1 & 2 to continue petitioners as Guest Lecturers without replacing them by another set of Guest Lecturers in terms of the law laid down by the Hon’ble Apex Court in state of Haryana Vs. Paira Singh reported in (1992) 4 SCC 118 and Manish Gupta Vs. Jan Bhagidari Samithi reported in 2022 SCC online SC 485. 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 interest of justice and equity. In W.P. No.1397/2025: (i) records relevant respondents. direct the respondents and issue a writ in the nature of Mandamus directing the respondents to hold the M.Phil. qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor / HC-KAR - 50 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Lecturers as mentioned at Regulation no.4.0 of UGC Regulation , 2018 and; (ii) hold respondents the action of declaring the petitioners who have possessed only M.Phil. qualification prior to 11.07.2009 without NET/SLET/Ph.D, as ineligible to hold the post of Assistant Professor / Lecturers, for the academic year 2024-25 as arbitrary, illegal and not sustainable in the eye of law. Regulations (iii) direct the respondents to consider the M.Phil. qualification obtained by the petitioners prior to 11.07.2009 as per UGC qualification on par with the candidates passed NET/SLET/Ph.D. examinations and extent all the benefits which they are entitled to on par with them and etc. 2018, (iii)(a) To Quash the Notification bearing (cid:1)ಾ(cid:3)ೕಇ/(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)-1/ಅಉಆಅಉಆಅಉಆಅಉಆ/28/ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ No. (iii)(b)

25.06.2025 2025-26 issued by 2nd respondent vide Annexure-J as arbitrary, illegal and not sustainable and; replacing direct the respondents 1 & 2 to continue the services of the petitioners as Guest Lecturers without them by another set of Guest Lecturers in terms of the law laid down by the Hon’ble Apex Court in state of Haryana Vs. Paira Singh reported in (1992) 4 SCC 118 and Manish Gupta Vs. Jan Bhagidari Samithi reported in HC-KAR - 51 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS 2022 SCC online SC 485. (iv) 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 interest of justice and equity. In W.P. No.1935/2025: (i) records relevant respondents. direct the respondents to hold the M.Phil. qualification acquired by the petitioners prior to 11.07.2009 as eligible qualification to hold the post of Assistant Professor / Lecturers. (ii) declaring the petitioners who have possessed only M.Phil. 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 2024-25 as arbitrary, illegal and not sustainable in the eye of law. (iii) direct the respondents to consider the M.Phil. 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; (iii)(a) To Quash the Notification bearing (cid:1)ಾ(cid:3)ೕಇ/(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)-1/ಅಉಆಅಉಆಅಉಆಅಉಆ/28/ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ No.

25.06.2025 2025-26 issued by 2nd respondent vide Annexure-H as arbitrary, illegal and not sustainable and; HC-KAR - 52 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS (iv) direct the respondent Nos. 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 High Court of Karnataka in Pira Singh’s case. (v) direct the respondent Nos. 1 and 2 to regularize the services of the petitioners as they have been in continuous services from 10 to 22 years and extend all the benefits arising out of regularization. (vi) grant such other reliefs as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. In W.P. No.19097/2025: (i) issue a writ in the nature of mandamus directing the respondents to hold the M.Phil. qualification acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor /Lecturers and; (ii) hold respondents the action of the petitioners who have declaring possessed only M.Phil. 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 sustainable in the eye of law and; HC-KAR - 53 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Regulations (iii) direct the respondents to consider the M.Phil. qualification obtained by the petitioners prior to 11.07.2009 as per UGC 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; 2018, (iv) to quash the notification bearing No. (cid:1)ಾ(cid:3)ೕಇ/(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)-1/ಅಉಆಅಉಆಅಉಆಅಉಆ/28/2025-26 (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ

25.06.2025 issued by 2nd respondent vide Annexure-F as arbitrary, illegal and not sustainable and (v) 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 (vi) direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 25 years and extend all the benefits arising out of regularization and; (vii) 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 interest of justice and equity. In W.P. No.21966/2025: HC-KAR - 54 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS i) records relevant respondents and respondents to hold the M.Phil. qualification acquired by the petitioner prior to 11.07.2009 as eligible of Assistant Professor/guest Lecturers and; ii) declaring the petitioner who have possessed only M.Phil. qualification prior to 11.07.2009 without NET/SLET/Ph.D as ineligible to hold the post of Assistant Professors/guest Lecturers for the year 2025-26 as arbitrary, illegal and not sustainable in the eye of law and; iii) direct the respondents to consider the M.Phil. qualification obtained by the petitioner prior to 11.07.2009 as per UGC regulation 2018, is the qualification on par with the candidates who have passed NET/SLET/Ph.D, examination and extend all the benefits which she is entitled to on par with them and; iv) to quash the notification bearing No. (cid:1)ಾ(cid:3)ೕಇ/(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)(cid:6)ೇ(cid:8)-1/ಅಉಆಅಉಆಅಉಆಅಉಆ/28/2025-26 (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ (cid:1)ಾ(cid:3)ೕಇ 25-06-2025 issued by 2nd respondent vide Annexure-F as arbitrary, illegal and not sustainable and v) direct the respondents 1and 2 to continue the service of the petitioner as guest lecturer without replacing her by another set of guest Lecturers in terms of the law laid down by the Hon’ble Supreme Court its various of India judgments i.e., State of Haryana V/s Piara Singh and; in case of vi) direct the respondent no 1 and 2 to HC-KAR - 55 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS regularize the services of the petitioner has been in continuous service from 11 and 1/2 of years to extend all the benefits arising out of regularization and; vii) 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 interim of justice and equity.”

#2. Brief facts leading rise to the filing of these petitions are as follows:

#3. Petitioners in these writ petitions are Post Graduates having obtained required percentage of marks and also acquired/registered for M.Phil. programme on or before 11.07.2009 in their respective subjects, which has been considered as eligible qualification to hold the post of Guest Lecturers / Assistant Professors by the State Government and have been working as Guest Lecturers in Government First Grade Colleges situated in the State of Karnataka for more than 10 to 22 years continuously, every Academic Year, HC-KAR - 56 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS including for the Academic Year 2024-25 also upto

31.01.2025.

#4. Respondent No.2 by notification dated 13.01.2025 invited applications through online to select the candidates for the post of Guest Lecturers from the middle of the academic year till the end of 2024-25. While publishing the said notification, respondent No.2 has prescribed the qualification as per University Grant Commission Regulations, 2018 and all the petitioners who are qualified and who have been holding the post of guest Lecturers have applied for the same within the last date prescribed by it. However, when respondent No.2 published the list of candidates who have applied for the post of Guest Lecturers, has made a remark to the effect that the petitioners do not possess the UGC qualification, which would disqualify them from attending the counselling which commenced from

20.01.2025. HC-KAR - 57 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#5. It is contented that the petitioners have passed M.Phil. degree without NET/SLET/Ph.D., are eligible to hold the post of Guest Lecturers as per the Notification dated 14.03.2023, in which, the UGC itself has clarified the said position, apart from UGC Regulations of 2018, and even in W.P. No.23600 of 2023(S)1, this Court has held that those who are qualified under the UGC Regulations of 2018 are eligible to be selected to the post of Guest Lecturers.

#6. Respondent Nos.1 and 2 have announced the list of candidates who have applied for the Guest Faculty through online on 13.01.2025, in which, against the names of the petitioners and in the column “UGC Prescribed Qualification”, it is stated as “N” (means “No”), which would disentitle them from participating in the counseling, which is to be held by it, without 1 Mr.Sanjeevaiah H. and others vs. The State of Karnataka, Disposed on 05.09.2024 HC-KAR - 58 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS assigning any reasons whatsoever for the said remark.

#7. The petitioners approached this Court seeking a suitable direction in this regard as they have been selected and working in the Govt. First Grade College for the past several years without any break, or without any objections raised by the State Government in this regard.

#8. It is contended that the petitioners have been working as Guest Lecturers, and once the counselling is held for the post of Guest Lecturer, they would be replaced by another set of Guest Lecturer, from the middle of the Academic Year 2024-25, which is contrary to the proposition laid down by the Hon’ble Apex Court in the case State of Haryana v. Piara Singh2, that too, even without issuing any notice or 2 (1992) 4 SCC 118 HC-KAR - 59 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS hearing them, in gross violation of principles of natural justice.

#9. It is contended that since the counseling, which was scheduled to commence from 20.01.2025 has now been postponed without fixing any further date, if the petitioners are discontinued from their present services, the petitioners and their family would be put to great financial hardship. Hence, they pray to allow the writ petitions.

#10. Respondent No.3 filed a statement of objections, denying the averments made in the memorandum of writ petitions. It is contended that as per the University Grant Commission, the Guest Faculty post is a temporary, need-based arrangement and Higher Educational Institutions and the remuneration is paid on per lecture basis subject to the maximum ceiling per month. The engagement as a Guest Faculty cannot be treated as a full-time continuous HC-KAR - 60 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS association. It is contended that, as per the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (for short, “2018 Regulations”) provides for eligibility criteria to be fulfilled for being appointed to the post of Assistant Professor as follows: “4.0 Direct Recruitment.

4.1 For the Disciplines of Arts, Commerce, Humanities, Education, Law, Social Sciences, Sciences, Languages, Library Science, Physical Education, and Journalism & Mass Communication. I. Assistant Professor: Eligibility (A or B) : A. i) A Master‘s degree with 55% marks (or an equivalent grade a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject HC-KAR - 61 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS from an Indian University, or an equivalent degree from an accredited foreign university. ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted NET/SLET/SET : Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye- laws/Regulations Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement NET/SLET/SET recruitment and appointment of Assistant Professor or equivalent positions HC-KAR - 62 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Universities/Colleges/Institutions subject fulfillment of following conditions :- a) The Ph.D. degree of the candidate has been awarded in a regular mode; b) The Ph.D. thesis has been evaluated by at least two external examiners; c) An open Ph.D. viva voce of the candidate has been conducted; d) The Candidate has published research papers from his/her Ph.D. work, out of which at least one is in a refereed journal; e) The candidate has presented at least two papers based on his/her Ph.D work in conferences / seminars sponsored / funded / supported by the UGC / ICSSR/ CSIR or any similar agency. The fulfillment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned. Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET.” HC-KAR - 63 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#11. It is contended that the appointment of teachers, Ph.D. degree is a must and M.Phil. degree is not on par with a Ph.D. degree. Hence, prays to dismiss the writ petitions.

#12. Heard the arguments of the learned counsel for the petitioners and learned counsel for the respondents.

#13. Learned counsel for the petitioners submits that the University Grants Commission (Qualifications required of a person to be appointed to the teaching staff of a University and Institutions Affiliated to it) Regulations, 1991 was notified on 19.09.1991 and prescribes that the candidates, besides fulfilling the qualifications mentioned therein, should have cleared the eligibility test for Lecturers conducted by the UGC, CSIR, or similar test accredited by the UGC for being eligible for being appointed as a Lecturer.

#14. On 21.06.1995, the UGC notified the University Grants Commission (Qualifications required of a HC-KAR - 64 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS person to be appointed to the teaching staff of a University and Institutions affiliated to it) (First Amendment), Regulations, 1995, which added a proviso, whereby it exempts the candidates who have submitted their Ph.D. thesis or passed M.Phil. examination by 31.12.1993 are exempted from the eligibility test for Lecturers conducted by UGC, CSIR or similar test accredited by the UGC.

#15. He also contended that as per the Regulations of 2000, [i.e., University Grants Commission (Minimum Qualifications required for the appointment and Career Advancement of teachers in Universities and Institutions affiliated to it), Regulations, 2000] exempts the candidates, who have completed M.Phil. degree or have submitted a Ph.D. thesis in the concerned subject by 31.12.1993 from appearing in NET examination. HC-KAR - 65 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#16. The said exemption was explained by the UGC by Regulations, 2002 [i.e., University Grants Commission (Minimum Qualifications required for the appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it), (1st Amendment) Regulations, 2002] to include those candidates who have submitted Ph.D. thesis to the University in the concerned subject on or before

31.12.2002.

#17. He submits that as per UGC Regulations, 2006 [i.e., University Grants Commission (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated it), (2nd Amendment) Regulations, 2006], a candidate having M.Phil. degree in the concerned subject are exempted from NET for UG level teaching only. HC-KAR - 66 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#18. The petitioners, who have acquired / registered for Ph.D./M.Phil. as per Regulations, 2009 [i.e., UGC (Minimum Qualifications required Appointment and career advancement of Teachers in Universities and Institutions Affiliated it), Regulation, 2009] which was notified on 11.07.2009 are exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions.

#19. He submits that the conditions imposed by the respondents in regard to eligibility for the post of teachers as Ph.D. is arbitrary and erroneous. He submits that the candidates who have passed M.Phil. are also eligible for being qualified appointment of teachers. He also contended that the Regulations of 2009 is prospective in nature and not retrospective. HC-KAR - 67 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#20. To buttress his arguments, he has placed reliance on the judgment of the Hon’ble Apex Court in the case of P. Suseela v. The University Grants Commission3.

#21. He also submits that the UGC Regulations of 2016 [i.e., University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2016] notified on 11.07.2016, exempted the candidates registered for the M.Phil./Ph.D. programme prior to 11.07.2009, requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/colleges/institutions. 3 (2015) 8 SCC 129 HC-KAR - 68 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#22. He has also placed reliance on the judgment of the Hon’ble Apex Court in the case of University of Kerala and others v. Merlin J.N.4.

#23. He also submits that the batch-mates of the petitioners, who have already acquired M.Phil. degree without clearing NET, have been selected as Guest Lecturers and the action of the respondents clearly smacks of arbitrariness or mala fideness and the petitioners cannot be held to be ineligible, while similarly situated persons are appointed to the permanent post.

#24. He also submits that in Writ Petition No.100365 of 20255, learned High Court Government Pleader has submitted that if the petitioners were to hold M.Phil. qualification even prior to 11.07.2009, they would be held eligible the post of the Assistant 4 (2022) 9 SCC 389 5 W.P. Nos.100365/2025 and connected cases, disposed of on 06.08.2025. HC-KAR - 69 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Professors/Lecturers as per UGC Regulations 2018, for consideration for appointment as Guest Lecturers in furtherance of the notification dated 02.01.2025.

#25. He also submits that the petitioners are rendering services as Guest Lecturers on contract basis for 10 to 20 years and obtained their M.Phil. degree before

11.07.2009 in accordance with the applicable Regulations.

#26. He submits that the State cannot dispense with their services on the ground that the appointments are contrary to the Rules/Regulations and on these grounds, he prays to allow the writ petitions.

#27. Per contra, learned counsel for the respondents, Sri.H.R.Showri, submits that the respondents issued a notification for recruitment for the Academic Year 2024-25 inviting applications the eligible candidates, who have registered or acquired Ph.D. degree for the post of teachers in an Institution. HC-KAR - 70 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Every year, the respondents have issued a fresh notification prescribing the qualification for the post of teacher in the university and affiliated institutions, wherein the candidate must have registered or acquired Ph.D. degree.

#28. Admittedly, the petitioners have filed these writ petitions challenging the notification for the Academic Year 2024-25 and the said academic year is already completed. Hence, he submitted that the writ petitions filed by the petitioners have rendered infructuous.

#29. To buttress his arguments, he has placed reliance on the judgment of the Hon’ble Division of this Court in the case of wherein this Court has considered the Regulations of 2009 and held that M.Phil. degree cannot be treated on par with the Ph.D. degree for exemption as canvassed by the petitioner’s counsel. He submits that the issue involved in these cases is HC-KAR - 71 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS squarely covered by the decision in the aforesaid case.

#30. He also submits that the Division Bench of this Court in Writ Appeal No.1578 of 20246 upheld the UGC Regulations, 2018 and the Guidelines, 2019, and the said writ petitions challenged the Notification dated

24.08.2023, wherein the Government had taken a stand that the candidates who have Post Graduate Degree are exempted from acquiring NET/SLET/Ph.D. for appointment as a Guest Lecturers in the Government First Grade Colleges.

#31. The said writ petition came to be allowed by setting aside the notification and directed the Government to ensure strict compliance of the qualification as prescribed in the UGC Regulations, 2018 and the Guidelines of 2019. 6 The State of Karnataka and anr. v. Sanjeevaiah H., W.A. No.1578/2024 disposed on 08.10.2025 HC-KAR - 72 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#32. In view of the issuance of directions by this Court in the aforesaid case, the respondents have complied with the qualifications prescribed under the UGC Regulations, 2019 and the Guidelines issued in 2019. He also admits that the Division Bench of this Court in paragraph 9 has directed the State to make appointment only in accordance with the UGC Regulations of 2018 and the Guidelines of 2019 from the Academic Year 2025-26 onwards. Hence, he submits the petitioners, who have not register/acquire Ph.D. degree, are not eligible for the post of teachers in the institution. Hence, prays to dismiss the writ petitions.

#33. Perused the records and considered the submissions of the learned counsel for the parties.

#34. It is not in dispute that the respondents have been issuing recruitment notifications every academic year, inviting applications the eligible HC-KAR - 73 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS candidates for the post of teachers in the respondent Institution. Respondent No.2 issued a Notification dated 13.01.2025, inviting applications from the eligible candidates for the post of teachers in respondent university. It was also made clear in the said notification that the candidates who have obtained requisite qualifications, namely NET/SLET/KSET before 13.01.2025, are exempted and it is also stated that the candidates must have registered or acquired a Ph.D. degree.

#35. From the perusal of the said notification, it is clear that by virtue of the advertisement for the post of Teacher for the Academic Year 2024-25. By virtue of an interim order, the petitioners continued in service. The said Academic Year has already completed.

#36. From the perusal of the entire records, it clearly discloses that the University Grant Commission had issued a notification dated 21.06.1995, whereby in HC-KAR - 74 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS the University Grants Commission (Qualifications required of a person to be appointed to the Teaching Staff of a University and Institutions affiliated to it) Regulations, 1991, in Schedule-I, item (3), was modified and a proviso has been added, which reads as follows: “- Provided that candidates who have submitted a Ph.D. thesis or passed the M.Phil. Examination by 31st December, 1993 are exempted from the eligibility test for Lecturers conducted by UGC, CSIR or similar test accredited by the UGC.”

#37. Again, the UGC issued a notification on 31.07.2002 amending the Regulations i.e., University Grants Commission (Minimum Qualifications required for the appointment and Career Advancement of Teachers in universities and institutions affiliated to it), (First Amendment), Regulations, 2002, which provides, HC-KAR - 75 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS “NET remain compulsory requirement for appointment as a Lecturer even for the candidates having Ph.D. degree. However, the candidates, who have completed M.Phil. degree by

31.12.1993 or have submitted a Ph.D. thesis to the University in the concerned subject, on or before 31st December 2002 are exempted from appearing in the NET examination. In case, such candidates fail to obtain Ph.D. degree, they shall have to pass the NET examination.”

#38. The UGC has Amended the Regulations i.e., second amendment of Regulations, 2006 dated 14.06.2006, the same reads as follows: “NET remain compulsory requirement for appointment as a Lecturer for those with post-graduate degree. However, the candidates having Ph.D. degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil. degree in the concerned subject HC-KAR - 76 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS are exempted from NET for UG level teaching only.”

#39. The UGC has amended the Regulations vide Notification dated 11.07.2009, whereby the following note was substituted: “Note: NET shall remain compulsory requirement for appointment as lecturer even for candidates having Ph.D. degree. However, candidates who have completed M.Phil. degree or have submitted Ph.D. thesis in the concerned subject by 31.12.1993 or exempted from appearing in the NET examination.” The aforesaid note (in 2000 Regulations) Regulations 1.3.3, 1.4.3, 1.5.3 and 1.6.1 was substituted by following para (vide 1st amendment of 2002 Regulations): "NET remain compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, candidates who have completed M.Phil. degree 31st HC-KAR - 77 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS December, 1993 or have submitted Ph.D. thesis to the university in the concerned subject on or before 31st December, 2002 are exempted from appearing in the NET examination. In case such candidates fail to obtain Ph.D. degree, they shall have to pass the NET examination.”

#40. The UGC has further amended the 2002 Regulations as follows: “NET remain compulsory requirement for appointment as a Lecturer for those with post-graduate degree. However, the candidates having Ph.D. degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil. degree in the concerned subject are exempted from NET for UG level teaching only.” The above provision was substituted by the following paragraph: “NET/SLET shall remain the minimum eligibility condition for recruitment and HC-KAR - 78 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS appointment Lecturers Universities/Colleges/Institutions. Provided, however, the candidates, who are or have been awarded Ph.D. degree in compliance of the “University Grants Commission (Minimum standards and procedure for award of Ph.D. degree) Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition for NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions.”

#41. From the perusal of Regulations of 2009, it is clear that if a person has been awarded a Ph.D. degree, as per Regulations of 2009, then only s/he is entitled for exemption from NET/SLET and not otherwise.

#42. A Division Bench of this Court in the case of Smt. Vimala U. v. State of Karnataka & others7, (supra) had an occasion to consider the said issue, 7 W.P.No.10479/2016 [S-KAT], disposed of on 16.03.2016. HC-KAR - 79 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS wherein the Division Bench has recorded its findings in paragraph 6, which reads as follows: “6. As such, on the established aspect of requirement of NET/SLT exemption for being appointed as a Lecturers/Assistant Professors or equivalent to the Professor the Universities / Colleges / Institutions, there is no dispute. But the said requirement has been subsequently relaxed under 2009 Regulations. The relevant portion of the proviso added to such Regulation with the earlier provision reads as under: “NET/SLET shall remain the minimum eligibility condition for recruitment and appointment Universities/Colleges/Institutions. Lecturers Provided, however, the candidates, who are or have been awarded Ph.D. degree in compliance of the “University Grants Commission (Minimum standards and procedure for award of Ph.D. degree) Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition for NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions.” HC-KAR - 80 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS The aforesaid shows that if the candidate has been awarded Ph.D. in compliance with the 2009 Regulations, then only a candidate is exempted from minimum eligibility of NET/SLET exemption.

#7. A contention has been raised that M.Phil is a Master’s Degree and whereas, Ph.D is a Doctorate. In any case, what should be the appropriate qualification for the purpose of grant of exemption is essentially within the domain of the expert body operating in the field of recruitment. This Court cannot substitute its own view in place of an expert body. The employer/expert body is the ultimate authority to decide on better qualifications or required qualification for the post in question. When Ph.D has been provided in the 2009 Regulations, we cannot treat M.Phil degree on par with Ph.D for exemption as canvassed by petitioner’s counsel. Therefore, when the petitioner is holding only M.Phil degree and not a Ph.D, the said contention cannot be accepted. HC-KAR - 81 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#7. Further, the contention raised with regard to the discrimination amongst the Ph.D holders prior to 2009 and those who had been conferred Ph.D as per 2009 Regulations is concerned, we do not find that such a contention would arise for consideration in the present matter since the petitioner herein is only holding the qualification of M.Phil degree.”

#43. Admittedly, in the instant cases, the petitioners are holding M.Phil. degree and they are not Ph.D. holders.

#44. The petitioners have placed reliance on the judgment rendered by the Division Bench of this Court in Writ Appeal No.1578 of 20248.

#45. The petitioners therein have challenged notification dated 24.08.2023 issued by Government, which was contrary to the UGC Regulations 2018 and Guidelines of 2019. 8 The State of Karnataka and anr. v. Sanjeevaiah H., W.A. No.1578/2024 disposed on 08.10.2025 HC-KAR - 82 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#46. The writ court set aside the notification and directed the Government to ensure strict compliance of the qualification prescribed in the UGC Regulations of 2018 and the Guidelines issued in 2019. In the writ petition, it was made clear that, a person who do not possess the requisite qualification as prescribed under the UGC Regulations of 2018 and Guidelines of 2019 would not be entitled for appointment to the post of Guest Lecturer in the Government First Grade Colleges.

#47. The Division Bench, while disposing of the writ appeal, had recorded its finding at paragraphs 9 and 10 as follows: “9. The State is directed to make appointment only in accordance with the UGC Regulations 2018 and the Guidelines of 2019 from Academic Year 2025-26 and onwards.

#10. In case if the qualified candidates are not available in enough number against HC-KAR - 83 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS the posts advertised by the State Government, the State may bring it to the notice of this Court by filing an appropriate application and this Court will pass necessary direction after hearing the parties.”

#48. A Co-ordinate bench of this Court in Writ Petition No.23600 of 2023(S)9 directed the respondent Government to ensure strict compliance of the minimum qualification as prescribed by the UGC in their Regulations of 2018 and Guidelines issued in

#49. As per the Guidelines and Regulations, candidates applied for the post of Lecturer, Professor etc. in the Universities/Colleges/Institutions must have been awarded a Ph.D. degree. 9 Mr.Sanjeevaiah H. and others vs. The State of Karnataka, Disposed on 05.09.2024 HC-KAR - 84 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#50. As per Regulation 3.0 of Regulations of 201810 provides for Recruitment and Qualifications, which reads as follows:

3.0 Recruitment and Qualifications

3.1 The direct recruitment to the posts of Assistant Professor, Associate Professor and Professor in the Universities and Colleges, and Senior Professor in the Universities, shall be on the basis of merit through an all-India advertisement, followed by selection by a duly- constituted Selection Committee as per the provisions made under Regulations. These provisions shall be incorporated in the Statutes/Ordinances the university concerned. The composition of such a committee shall be as specified in these Regulations.

3.2 The minimum qualifications required for the post of Assistant Professor, Associate Professor, Professor, Senior Professor, Principal, Assistant Librarian, 10 University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 HC-KAR - 85 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Deputy Librarian, Librarian, Assistant Director of Physical Education and Sports, Deputy Director of Physical Education and Sports and Director of Physical Education and Sports, shall be as specified by the UGC Regulations.

3.3 I. The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) remain minimum eligibility for appointment of Assistant Professor equivalent positions wherever provided in these Regulations. Further, SLET/SET shall be valid as the minimum eligibility for direct recruitment to Universities / Colleges / Institutions in the respective state only: Provided that candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards HC-KAR - 86 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS and Procedure for Award of M.Phil/Ph.D. Degree) Regulation, 2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition NET/SLET/SET recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. Provided further that the award of degree to candidates registered for the M.Phil./Ph.D.programme prior to July 11, 2009, shall be governed by provisions existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor equivalent positions in Universities / Colleges / Institutions subject to the fulfillment of the following conditions: a) The Ph.D. degree of the candidate has been awarded in regular mode only; HC-KAR - 87 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS b) The Ph.D. thesis has been awarded by at least two external examiners; c) An open Ph.D. viva voce of the candidate has been conducted; d) The candidate has published two research papers from his/her Ph.D. work out of which at least one is in a refereed journal; e) The candidate has presented at least two papers, based on his/her Ph.D. work in conferences / seminars sponsored / funded / supported by the UGC/ ICSSR / CSIR or any similar agency. The fulfillment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned. II. The clearing of NET/SLET/SET shall not be required for candidates in such disciplines for which NET/SLET/SET has not been conducted.”

#51. From a bare reading of the proviso to Regulation 3.3, it is clear that the candidates who have been HC-KAR - 88 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS awarded Ph.D. degree under the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or the Regulations of 2016 and their subsequent amendments, from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College, or Institution.

#52. Further, the award of degree to candidates registered for the M.Phil./Ph.D.programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions Universities / Colleges / Institutions subject to the HC-KAR - 89 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS fulfillment of the conditions (a) to (e) mentioned thereunder (supra).

#53. Clause 3.8 thereof provides that the Ph.D. Degree shall be a mandatory qualification for appointment and promotion to the post of Associate Professor.

#54. Clause 3.12 thereof reads as follows: “3.12 Qualifications: No person shall be appointed to the post of University and College teacher, Librarian or Director of Physical Education and Sports, in any university or in any of institutions including constituent or affiliated colleges recognised under clause (f) of Section 2 of the University Grants commission Act, 1956 or in an institution deemed to be a University under Section 3 of the said Act if such person does not fulfill the requirements as to the qualifications for the appropriate post as provided in the Schedule 1 of these Regulations.”

#55. From the perusal of Regulations of 2018, it is clear that a Ph.D. degree is a mandatory requirement for being qualified for the post of Assistant Professor or Teacher working in the University, College, or Institution. HC-KAR - 90 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS

#56. Admittedly, the petitioners have not challenged the Regulations of 2018. The impugned notification came to an end by virtue of completion of the Academic Year 2024-25, as such, these writ petitions have rendered infructuous and only for the academic purpose, these cases have been considered on merits, as insisted by the learned counsel for the petitioners.

#57. The learned counsel for the petitioners has placed reliance on the order passed by the Hon’ble Apex Court in the case of University of Kerala v. Merlin J.N.11.

#58. The Hon’ble Apex Court has held that the Regulations are prospective in nature and all the candidates having M.Phil. degree on or before 10.07.2009 and all the persons who have acquired a Ph.D. degree on or before 31.12.2009 and had registered themselves 11 (2022) 9 SCC 389 HC-KAR - 91 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS for the Ph.D. before this date, but would be awarded such a degree subsequently, shall remain exempted from the requirement of NET for the purpose of appointment as a Lecturer/Assistant Professor.

#59. Admittedly, in the instant cases, the respondents are issuing recruitment notification, inviting applications the post of Lecturer/Assistant Professor in the university, college or institution. The respondents have considered the Regulations that was prevailing as on the date of the notification.

#60. Admittedly, the impugned notification was issued in

#2025. As per the Regulations of 2019, the candidate who has applied for the post of Lecturer/Assistant Professor is required to have registered or have acquired a PhD degree; and, in the instant cases, the petitioners have neither registered for Ph.D. nor acquired a Ph.D. degree. Thus, the petitioners are not eligible for the post of Lecturer/Assistant HC-KAR - 92 - CNR: KAHC010089032025 NC: 2026:KHC:37909 WP No. 5028 of 2025 C/W WP No. 1150 of 2025 WP No. 1397 of 2025 AND 3 OTHERS Professor in terms of Regulations of 2019 and the Guidelines of 2019.

#61. Hence, I do not find any error in the impugned notification and I do not find any grounds to entertain the writ petitions.

#62. Accordingly, I proceed to pass the following order: ORDER (i) The Writ petitions dismissed. (ii) In view of the dismissal of the petitions, interlocutory applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK/- SKS List No.: 1 Sl No.: 9

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