Karnataka High Court
Shambhulingeshwara L vs The State Of Karnataka on 16 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:13992
WP No. 107382 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107382 OF 2025 (S-RES)
BETWEEN:
SHAMBHULINGESHWARA L.
AGE: 58 YEARS, OCC: GUEST LECTURER,
R/O: NEAR AMBEDKAR CIRCLE RAMANAGAR,
HIREKERUR, DIST: HAVERI - 581 111.
...PETITIONER
(BY SRI. B. N. MULIMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
COLLEGIATE EDUCATION DEPARTMENT,
PALACE ROAD, BENGALURU - 560 001.
3. THE DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
Digitally signed by
RAKESH S PALACE ROAD, BENGALURU-560 001.
HARIHAR ...RESPONDENTS
Location: High
Court of (BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
Karnataka,
Dharwad Bench,
Dharwad THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED CIRCULAR NO.KA SHI
E/NEVI-1/A U AA/28.2025-26 DATED 30/09/2025 (ANNEXURE-C)
ISSUED BY THE RESPONDENTS. ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONER'S
M.PHIL QUALIFICATION REGISTERED PRIOR TO 11.09.2009 AS VALID
FOR APPOINTMENT AS GUEST LECTURER UNDER NOTIFICATION
DATED 25.06.2025 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2025:KHC-D:13992
WP No. 107382 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.105532 of 2025, disposed of on 11th August 2025. The Coordinate Bench held as follows:
1. Learned AGA accepts notice for respondent Nos.1, 2 and 4 to 7.
2. Sri.Anup Deshpande, learned counsel accepts notice for respondent No.3.
3. The petitioners are before this Court seeking for the following reliefs:
I. Issue a writ in the nature of certiorari by quashing the impugned notification bearing No. KAShiE/ NEVI-1/ AOOAA/ 99/ 2024-25 dated 02.01.2025 issued by the respondent no.2 vide Annexure-B. II. Issue a writ in the nature of certiorari by quashing the impugned order bearing no. KAShiE/ NEVI-1/ AOOAA/ 99/ 2024-25 dated 25/4/2025 issued by the respondent no.2 vide Annexure-C. III. Issue a writ in the nature of certiorari by quashing the impugned order bearing No.KashiE/ NEVI-1/ AOOAA/ 28/ 2025-26 dated 25/6/2025 issued by the respondent no.2 vide annexure-D. IV. Issue a writ in the nature of mandamus directing the respondents to hold the M.PHIL/MASTERS Degree qualification -3- NC: 2025:KHC-D:13992 WP No. 107382 of 2025 HC-KAR acquired by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professor/Lecturers.
V. Hold the action of respondents in declaring the petitioners who have possessed only M.PHIL/MASTERS Degree qualification prior to 11.07.2009 without NET / SLET /Ph.D, as ineligible to hold the post of Assistant Professor / Lecturer, for the Academic Year 2025-26 as arbitrary, illegal and not sustainable in the eye of law and.
VI. Direct the respondents to consider the M.PHIL/MASTERS Degree qualification obtained by the petitioners prior to 11.07.2009 as per UGC regulations 2018, is the qualification on par with the candidates who have passed NET / SLET /Ph.D, Examinations and extend all the benefits which they are entitled to on par with them and.
VII. Direct the respondents 1 and 2 to continue the services of the petitioners as guest lecturers without replacing them by another set of guest lecturers in terms of the law laid down by the Hon'ble Supreme Court of India in case of State Of Haryana VS., Piara Singh and.
VIII. Direct the respondents 1 and 2 to regularize the services of the petitioners as they have been in continuous service from 10 to 15 years and extend all the benefits arising out of the said regularization and.
IX. Grant such other relief/s as deems fit by this Hon'ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity.
4. The short grievance of the petitioners is that the petitioners who are holding MPhil degree prior to 11.07.2009 are not being considered to be eligible to hold a post of Assistant Professor/Lecturer even -4- NC: 2025:KHC-D:13992 WP No. 107382 of 2025 HC-KAR though they are eligible in terms of the UGC Regulations 2018.
5. Learned AGA in a similar matter in WP No.100601/2025 has already submitted that the UGC Regulations, 2018 and the qualifications as regards eligibility would be considered during the course of recruitment.
6. The said submission would equally apply to the present matter. In that view the matter placing the submission of learned AGA on record, the petition stands disposed.
7. Pending IA's stand disposed."
2. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE RHR/-CT-ASC List No.: 1 Sl No.: 45