Karnataka High Court
Dr. Chethan M R vs State Of Karnataka on 20 November, 2025
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NC: 2025:KHC:48079
WP No. 26286 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 26286 OF 2025 (S-RES)
BETWEEN:
DR. CHETHAN M R
S/O LATE RAMEGOWDA M
AGED ABOUT 37 YEARS,
NO 57, MYLANAHALLI VILLAGE,
HARALAHALLI POST
SHEELANERE HOBLI,
K.R.PETE TALUK
MANDAYA DIST 571426
FULL TIME GUEST FACULTY
DEPARTMENT OF MECHANICAL ENGINEERING
Digitally UNIVERSITYOF VISVESVARAYA
signed by COLLEGE OF ENGINEERING
SUNITHA K S D DEVARAJA URS ROAD,
Location: DR. B.R. AMBEDKAR VIDHI
HIGH COURT K.R.CIRCLE
OF
KARNATAKA BENGALURU 560001
...PETITIONER
(BY SRI. PARAMESHWARAIAH D.C., ADVOCATE FOR
SRI. SYED AKBAR PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
R/P SECRETARY
6TH FLOOR, M.S.BUILDING
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NC: 2025:KHC:48079
WP No. 26286 of 2025
HC-KAR
AMBEDKAR VIDHI,
BENGALURU 560001
2. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE EDUCATION
AND TECHNICAL EDUCATION
GOVT. OF KARNATAKA
TANTRIKA SHIKSHANA BHAVANA
3RD FLOOR, PLACE ROAD
BENGALURU 560001
3. THE DIRECTOR
UNIVERSITY OF VISVESVARAYA COLLEGE OF
ENGINEERING
D DEVARAJA URS ROAD,
DR. AMBEDKAR VIDHI
K.R.CIRCLE
BENGALURU 560001
4. REGISTRAR
UNIVERSITYOF VISVESVARAYA COLLEGE OF
ENGINEERING
D DEVARAJA URS ROAD,
DR. AMBEDKAR VEEDHI, K.R.CIRCLE
BENGALURU 560001
5. DEAN
FACULTY OF ENGINEERING
UNIVERSITY OF VISVESVARAYA COLLEGE OF
ENGINEERING
D DEVARAJA URS ROAD,
DR.AMBEDKAR VIDHI
K.R.CIRCLE
BENGALURU 560001
6. CHAIRPERSON
DEPARTMENT COUNCIL
DEPARTMENT OF MECHANICAL ENGINEERING
UNIVERSITY OF VISVESVARAYA COLLEGE OF
ENGINEERING
D DEVARAJU URS ROAD,
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NC: 2025:KHC:48079
WP No. 26286 of 2025
HC-KAR
K.R.ROAD
DR. B.R. AMBEDKAR VIDHI
BENGALURU 560001.
7. THE CHAIRMAN
BOARD OF GOVERNOR
UNIVERSITY OF VISVESVARAYA COLLEGE OF
ENGINEERING
D DEVARAJU URS ROAD,
DR. B.R. AMBEDKAR VIDHI
K.R. CIRCLE
BENGALURU 560001
...RESPONDENTS
[BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2
SRI. RAMA DORAISWAMY, ADVOCATE FOR
SRI. HARSHA KUMAR L.S., ADVOCATE FOR R3 TO R7 (VC)]
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO FILL UP THE FULL-TIME GUEST
FACULTY POST IN PLACE OF PETITIONER UNTIL THE REGULAR
APPOINTMENTS ARE DONE TO THE POST OF DEPARTMENT OF
MECHANICAL ENGINEERING UNIVERSITY OF VISVESVARAYA
COLLEGE OF ENGINEERING K.R. CIRCLE BENGALURU 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 ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking for a mandamus directing the respondents not to fill up the posts of full time Guest Faculty in the place of the -4- NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR petitioner, until the regular appointments are done to the post of Department of Mechanical Engineering, University of Vishweshariya College of Engineering, K.R.Circle, Bengaluru.
2. Brief facts leading rise to the filing of this petition are as follows:
2.1. It is the case of the petitioner that, he was working as a full time Guest Faculty in the Department of Mechanical Engineering, University of Visvesvaraya College of Engineering, K.R. Circle, Bengaluru since from 30.06.2018. Respondent Nos.3 to 7 had issued a notification calling for applications for the post of Guest Faculty in the Department of Mechanical Engineering, University of Visvesvaraya College of Engineering on 09.07.2025. Pursuant to the said notification, the petitioner applied for the post of Guest Faculty on 17.07.2025. It is contented that, on 01.08.2025, the respondents have issued a fresh time-table for the academic year 2025-26 appointing fresh full time Guest -5- NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR Faculty. The respondents called for an interview to the petitioner on 07.08.2025. The petitioner had attended the interview on 11.08.2025. It is contended that, instead of appointing the petitioner, the respondents are opting to relieve the petitioner by appointing fresh Guest Faculty.
Hence, filed this writ petition.
3. The respondents filed a statement of objections raising several grounds contending that, the petitioner was not appointed on a regular basis and his appointment was only for temporary, for the academic year 2024-25 and the tenure of the petitioner came to an end after the end of the academic year. The respondents have issued a calendar of events for academic year 2025-26 on 01.08.2025, and subsequently, issued a notification inviting an application from the interested candidates. The petitioner has submitted an application. The respondents have conducted an interview; the petitioner appeared for the interview and he was unsuccessful in the interview. Hence, the petitioner was not selected. It is further -6- NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR contented that, the respondents have issued the final selection list on 19.08.2025 and thereafter, a revised time-table was issued on 22.08.2025. Hence, on these grounds, prays to dismiss the writ petition.
4. Heard the arguments of the learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2, and learned counsel for respondent Nos.3 to 7.
5. The learned counsel for the petitioner submits that, the petitioner was appointed in 2018 as a Guest Faculty in the Department of Mechanical Engineering. Respondent Nos.3 to 7, to fill up the post of Guest Faculty, issued a notification inviting applications from the interested candidates. He submits that, when the petitioner is working in the respondent Nos.3 to 7, they should have continued the petitioner till the regular appointments are made. To buttress his argument, he placed reliance on the order passed by the Co-ordinate Bench of this Court in the case of Karnataka Residential Education Institution Society Guest Teachers -7- NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR Association and Others Vs. The State of Karnataka and Others1, and also on the judgment of the Hon'ble Apex Court in case of Manish Gupta and Another Vs. President, Jan Bhagidari Samiti and Others2. Hence, on these grounds, he prays to allow the writ petition.
6. Per contra, learned counsel for respondent Nos.3 to 7 submits that, in order to issue a mandamus, the petitioner must establish that the petitioner has got a legal right. The appointment of the petitioner was only on a temporary basis and for the particular academic year. After the expiry of the academic year, the petitioner has no vested right to claim to continue his service in the post of Guest Faculty. To buttress his argument, he has placed reliance on the judgment of Hon'ble Apex Court in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others3. He submits that, on the basis of 1 WP No.7047/2023 and connected petitions, disposed of on 21.02.2024.
2(2022) 15 SCC 540 3 (2006) 4 SCC 1 -8- NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR the notification issued by respondent Nos.3 to 7, the petitioner had applied for the post of Guest Faculty and he appeared for the interview. After having appeared for the interview, he was unsuccessful in the interview. He is estopped from challenging the selection process after attending the interview. Hence, on these grounds, he prays to dismiss the writ petition.
7. Learned Additional Government Advocate prays to dispose of the writ petition.
8. Perused the records and considered the submissions of the learned counsel for the parties.
9. There is no dispute that the petitioner was appointed as a Guest Faculty for the academic year 2024-
25. Thereafter, respondent Nos.3 to 7 have issued a notification inviting applications from the interested candidates to the said post. Pursuant to the notification issued by respondent Nos.3 to 7, the petitioner had applied to the said post and an interview was called on -9- NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR 07.08.2025; the petitioner appeared and participated in the selection process and he was unsuccessful in the interview. Respondent Nos.3 to 7 have already issued the final selection list as per Annexure-R5 dated 19.08.2025. The petitioner after attending selection process, cannot contend that the respondents must not fill up the post of full-time Guest Lecturer. The Hon'ble Apex Court in the case of State of U.P. Vs. Karunesh Kumar4, stated as follows:
"30. ... ... ... Further, it is settled law that there is no vested right of the unsuccessful candidate to insist upon their consideration, in the absence of any such rule requiring for the preparation of a waiting-list. ... ... ..."
10. Admittedly, the term of the petitioner was expired after the academic year. Respondents No.3 to 7 have already issued a final selection list. In view of the same, nothing survives for consideration in this writ petition. Accordingly, I do not find any grounds to entertain the writ petition.
42022 SCC OnLine SC 1706
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NC: 2025:KHC:48079 WP No. 26286 of 2025 HC-KAR
11. In view of the above discussion, I proceed to pass the following:
ORDER i. The writ petition is dismissed; ii. Liberty is reserved to the petitioner to challenge Annexure-R5, if so desired;
iii. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of.
Sd/-
(ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 7