Karnataka High Court
Dr S Srinivasa vs Mandya University on 25 February, 2022
Bench: Chief Justice, Suraj Govindaraj
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT APPEAL NO.105 OF 2022 (S-RES)
BETWEEN:
1. DR S. SRINIVASA
S/O D. SIDDARAMU
AGED ABOUT 41 YEARS
R/AT NO K.T. 36, 10TH CROSS
CHAMUNDESHWARI NAGARA
MANDYA - 571 401
2. DR. TEJASWINI T.V.
D/O TAILUR VENKATAKRISHNA
AGED ABOUT 40 YEARS
R/AT NO.2958, 4TH CROSS
NEHRU NAGARA
MANDYA - 571 401
3. DR SWAMY N.,
S/O NAGARAJU
AGED ABOUT 37 YEARS
RESIDENT OF GANJAM
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 571 477
4. DR. CHANDRASHEKARA H.R.
S/O RAMEGOWDA
AGED ABOUT 37 YEARS
R/AT HIRALAHALLI
SHILANERE HOBLI, K R PET TALUK
MANDYA DISTRICT - 571 426
5. DR. RAMYA Y.P.
W/O J.M. RAVIKUMAR
AGED ABOUT 41 YEARS
R/AT NO. 956, AGNI AMSHA ROAD
-2-
1ST CROSS, 1ST FLOOR, E AND F BLOCK
KUVEMPU NAGAR
MYSORE - 570 023
6. DR. GANESH
S/O SHIVAIAH
AGED ABOUT 44 YEARS
R/AT AGASARAHALLI
BOOKANAKERE HOBLI
K.R. PET TALUK
MANDYA DISTRICT - 571 426
7. SHILPA N
D/O NARAYANAPPA M
AGED ABOUT 31 YEARS
NO. 604, CHRISTIAN ROAD
PALAHALLI, SRIRANGAPATTANA TALUK
MANDYA DISTRICT - 571 438
8. DEVARAJU A.R.
S/O RAJANNA
AGED ABOUT 32 YEARS
R/AT ANATAHALLI
(BELLUR PALYA)
HULIYURUDURGA HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT - 572 123
9. PRASANNA KUMAR T.K.
S/O KALEGOWDA
AGED ABOUT 32 YEARS
R/AT THAGGALLI
MANDYA TALUK AND DISTRICT - 571 403
10 . KUMAR B.R.
S/O RAMA NAYAKA
AGED ABOUT 40 YEARS
NO. 615, CHAMUNDESHWARI NILAYA
3RD BLOCK, HOSA BUDANURU VILLAGE AND POST
BUDANURU
MANDYA - 571 404
11 . CHETHAN B.N.
S/O NARAYANA B.M.
AGED ABOUT 29 YEARS
R/AT HOSA BUDANURU VILLAGE AND POST
BUDANURU
MANDYA - 571 401
-3-
12 . CHANDUSRI H.N.
D/O NAGARAJU H.C.
AGED ABOUT 29 YEARS
NO. 273, SIDDESHWARA NILAYA
1ST CROSS, HALAHALLI
MANDYA - 571 401
13 . MAHENDRA K.B.
S/O BASAVARAJU
AGED ABOUT 35 YEARS
R/AT KUNDAHALLI, MAKAVALI POST
K.R. PET TALUK
MANDYA DISTRICT - 571 426
14 . SHIVAKUMARA SWAMY B.N.
S/O NAGARAJU K.V.
AGED ABOUT 35 YEARS
R/AT DODDABANASAWADI
KEELARA POST, KERGODU HOBLI
MANDYA TALUK AND DISTRICT - 571 450
15 . DR. SIDDAPPAJI D
S/O LATE DODDASIDDAIAH
AGED ABOUT 32 YEARS
R/AT UGANIYA VILLAGE
PALYA POST
KOLLEGALA TALUK
CHAMARAJANAGAR DISTRICT - 571 440
16 . DR. ANANDA C
S/O CHIKKACHANNAIAH
AGED ABOUT 34 YEARS
MP.1199, 4TH /11TH CROSS
E AND F BLOCK,
RAMAKRISHNANAGAR
MYSORE - 570 022
17 . DR. KARIYANNA E
S/O EERANNA D.B.
AGED ABOUT 38 YEARS
R/AT NISHADA NILAYA
BANGARANAYAKABETTA VILLAGE
PAVAGADA TALUK
TUMKUR DISTRICT - 561 202
18 . PAVITHRA M.K.
W/O VASANTH KUMAR V
AGED ABOUT 33 YEARS
NO.2, 1ST MAIN, 13TH A CROSS
-4-
ITTAMADU MAIN ROAD
BSK III STAGE
HOSAKAREHALLI
BANGALORE - 560 085
19 . DR SHIVAIAH M
S/O LATE MUTTARAYAPPA
AGED ABOUT 49 YEARS
RESIDENT OF I.D. HALLI GRAM
PANCHAYATH, MADHUGIRI TALUK
KAMEGOWDANAHALLI
TUMKUR DISTRICT - 572 124
... APPELLANTS
(BY PROF. RAVIVARMA KUMAR, SENIOR ADVOCATE FOR
SMT. G. SHARADA BAI, ADVOCATE)
AND:
1 . MANDYA UNIVERSITY
M.C. ROAD
MANDYA - 571 401
REP. BY ITS REGISTRAR
2 . MANDYA UNIVERSITY
M.C. ROAD
MANDYA - 571 401
REP. BY ITS VICE CHANCELLOR
3 . STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
(UNIVERSITIES)
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
... RESPONDENTS
(SRI H.C. SHIVARAMU, ADVOCATE FOR
CAVEATOR/RESPONDENT No.2
SRI S. RAJASHEKAR, AGA FOR RESPONDENT NO.3)
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 21/12/2021 MADE IN WP NO.19951/2021
AND ETC.
THIS APPEAL COMING ON FOR ORDERS THROUGH VIDEO
CONFERENCING THIS DAY, SURAJ GOVINDARAJ J. DELIVERED
THE FOLLOWING:
-5-
JUDGMENT
1. This intra-Court appeal is filed challenging the order
dated 21.12.2021 passed by the learned Single Judge
in Writ Petition No.19951/2021.
2. The said writ petition in W.P.No.19951/2021 had
been filed seeking for a mandamus directing the
respondents to continue the petitioners/appellants in
their services as Guest Lecturers for the academic
year 2021-22 in terms of the communications dated
07.10.2021 and 22.10.2021 issued by the State of
Karnataka, Department of Higher Education
(Universities).
3. The said writ petition came to be dismissed by the
learned Single Judge on the ground that in the earlier
round of litigation in Writ Petition No.893/2021,
another Single Judge, vide order dated 18.02.2021,
though had allowed the writ petition and quashed the
communication dated 17.06.2020 terminating the
services of the appellants had only held that the
appellants would be entitled to continue as Guest
Lecturers in the University upto completion of the
academic year 2020-21 i.e., upto 30.09.2021, in
terms of the earlier communication made by the
State Government to all the Universities dated
23.11.2020. Learned Single Judge in Writ Petition
No.19951/2021 was of the opinion that the extension
of continuation of services of the appellants was only
restricted to one year period as per the order dated
18.02.2021 passed in Writ Petition No.893/2021.
4. The reason why the dispute has arisen is that during
the COVID-19 period, as respondent No.1 -
University as also several other Universities across
the State of Karnataka were not in a position to
recruit Lecturers to the Universities, as such on two
occasions for the year 2020, vide communication
dated 23.11.2020 and for the year 2021, vide
communication dated 07.10.2021, the period of
services of the Guest Lecturers was extended by one
academic year.
5. Sri H.C.Shivaramu, learned counsel appearing for
respondent No.1 would submit that now, respondent
No.1 - University has issued a notification inviting
applications for the purpose of appointment of
Lecturers in the University and as such, there was no
requirement of Guest Lecturers since permanent
Lecturers would be appointed in the University.
6. In view of the above, we pass the following:
i. The Guest Lecturers now working shall be
entitled to the benefit of the Notification dated
7.10.2021 for extension of service by one more
academic year until the recruitment of lecturers
is completed;
ii. The petitioners/appellants and other similarly
situated Guest Lecturers would be entitled to
participate in the said recruitment process,
however, the petitioners/appellants shall not be
entitled to claim any particular equity on
account of they having worked as Guest
Lecturers;
iii. The continuation of service for this academic
year and/or the benefit of the Notification dated
7.10.2021 would only be available if no one else
is appointed or joined as Guest Lecturers by
respondent No.1-University as on today;
iv. The benefit shall only extend until the date of
the successful candidates in the recruitment
process joining their post at the University;
v. The recruitment is to be carried out strictly as
per the recruitment Notification in accordance
with law.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
