Karnataka High Court
Smt. Jyoti D/O Mariyappa Kuri vs The State Of Karnataka on 30 June, 2023
Bench: S.Vishwajith Shetty
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WP No. 101051 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 101051 OF 2023 (S-RES)
BETWEEN:
1. SMT. JYOTI D/O MARIYAPPA KURI
AGED ABOUT 37 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, BADAMI,
R/O 262, NARGUN SHIROL, DIST. GADAG-582 207.
2. KUMARI SHAILA D/O SHARANAPPA GURAV
AGED ABOUT 35 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, MUDHOL,
R/O BELAGALI, DIST. BAGALKOT-587 113.
3. SHRI. SURESH SHATAVAJI PHADATARE,
AGED ABOUT 45 YEARS, OCC. GUEST LECTURER,
ANI CHANNAMMA UNIVRSITY (UUCMS),
VALUATIION CAMP, GOVERNMENT FIRST GRADE
COLLEGE, RAIBAGH, R/O C/O SHATAVAJI PHADATARE,
KADASHIDDESHWAR GALLI, KRISHNA KITTUR,
Digitally
TQ. ATHANI, DIST. BELAGAVI-591303.
signed by
RAKESH S
HARIHAR
RAKESH Location: High 4. SRI. FIROJHAMMAD S/O MALIKSAB BAGWAN
Court of
S Karnataka, AGED ABOUT 37 YEARS, OCC.GUEST LECTURER,
HARIHAR Dharwad
Date:
2023.07.04 GOVERNMENT FIRST GRADE COLLEGE, BADAMI,
11:05:19
+0530 R/O WARD NO.5, HEMAREDDY KALYANMANTAP,
VIDYA NAGAR, 6TH CROSS, BADAMI,
DIST. BAGALKOT-587 201.
5. SMT. ANITA D/O MAHADEV KOLAR,
AGED ABOUT 50 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGGE,
RABAKAVI-BANAHATTI, R/O NEAR LAXMI TEMPLE,
MANGALWAR PETH, BANHATTI,
TQ. MJAMAKHANDI, DIST. BAGALKOT-587311.
6. SMT. DAKSHAYANI D/O SOMAPPA TOTAD,
AGED ABOUT 35 YEARS, OCC. GUEST LECTURER,
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GOVERNMENT FIRST GRADE COLLEGE,
MUDHOL, R/O MANGALWAR PETH,
BANHATTI,'TQ. JAMAKHANDI,
DIST. BAGALKOT-587311.
7. SMT. RENUKA D/O VENKANAGOUDA SANKANAGOUDAR,
AGED ABOUT 45 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE,
BADAMI, R/O NO.175, WARD NO.1, TOTAR STREET,
BADAMI, DIST. BAGALKOT-587 201.
8. SMT. SUMANGALA D/O BHOJARAJ ILAGER,
AGED ABOUT 41 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE,
NAVANAGAR, BAGALKOT
9. MS. PREMA D/O NARAYANA CHARI
AGED ABOUT 54 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, BHATKAL,
R/O TERNAMAKKI, TQ. BHATKAL,
DIST. NORTH KENARA-581 421.
10. SHRI NAGARAJ S/O MALLAPA VADDAR,
AGED ABOUT 37 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE,
NAVANAGAR, BAGALKOT,
R/O 2606/182, WARD NO.4,
RANGANATH NAGAR, BADAMI,
DIST. BAGALKOT-587 201.
11. SHRI VISHWANATH S/O SANGAPPA HOSAMANI,
AGED ABOUT 42 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, BADAMI,
R/O NO. 4312, WARD NO. 05,
MLBC COLONY DIV. NO.03, BADAMI,
DIST. BAGALKOT-587 201.
12. SHRI VEERAPPA S/O YALLAPPA BYALI,
AGED ABOUT 45 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, BADAMI,
R/O 5357, BASAV NILAY, NEAR NEW BEO OFFICE,
SAINAGAR, 23RD WARD, RON,
DIST. GADAG-582 209.
13. SHRI. MURTUJASAB S/O BADESAB ONTI,
AGED ABOUT 53 YEARS,
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OCC, GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE,
ILKAL, R/O 1602/2, WARD NO.4,
KUMBAR ONI, HUNGUND, TQ. HUNGUND,
DIST. BAGALKOT-587 118.
14. SHRI IRANNA S/O NINGAPPA HURALI,
AGED ABOUT 45 YEARS,
OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, KUSHTAGI,
R/O HIREWADDARKAL,
TQ. AND DIST. KOPPAL-583 237.
15. SHRI MALLIKARJUNAGOUDA S/O NINGANAGOUDA
MENASAGI, AGED ABOUT 47 YEARS,
OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, BADAMI,
R/O HULLUR, TQ. AND DIST. GADAG-582 209.
16. SHRI. HONNAPPA S/O HANAMAPPA KURI
AGED ABOUT 46 YEARS, OCC. GUEST LECTURER,
GOVERNMENT FIRST GRADE COLLEGE, YALLAPUR,
R/O HUNGUNDI, TQ. RON,
DIST. GADAG-582 203.
...PETITIONERS
(BY SRI. H.M.DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION (HIGHER EDUCATION),
M.S.BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE COMMISSIONER OF COLLEGIATE EDUCATION,
SHESHADRIPURAM ROAD, BENGALURU-560 001.
...RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO
CONSIDER THE CASE OF THE PETITIONERS FOR REGULARIZATION/
ABSORPTION ON THE SERVICES OF THE PETITIONERS ON
PERMANENT BASIS TO THE APPROPRIATE POSTS IN THEIR
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RESPECTIVE GOVERNMENT INSTITUTIONS BY DECLARING THAT THE
PETITIONERS ARE ENTITLED FOR REGULARIZATION/ ABSORPTION
ON PERMANENT BASIS AND ETC.
THIS WRT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are seeking for a writ of mandamus
directing the respondents to regularize the services on
permanent basis to the post of lecturers in the Government
First Grade Colleges wherein they are presently working as
Guest Lecturers, by declaring that the petitioners are entitled
for regularization / absorption on permanent basis and also for
a mandamus directing the respondents to grant consequential
benefits to the petitioners on par with permanent employees of
the respective institutions.
2. Heard the learned counsel for the parties.
3. It is the case of the petitioners that they have been
appointed as lecturers / guest lecturers in the Government First
Grade Colleges in which they are presently working under the
provisions of the Karnataka State Universities Act, 1976. After
the amendment to the said Act, in the year 2000, the guest
lecturers / temporary lecturers cannot be appointed for more
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than one year. The appointments could be made for the
sanctioned post with an undertaking that the lecturers cannot
alternatively undertake any other employment for
remuneration. It is the case of the petitioners that they have
been serving in the institution for more than ten years and they
are qualified to hold the post and also entitled for regularization
to the post in which they are presently working. In the writ
petition, it has been stated that petitioners have completed ten
years of services in the respective institutions.
4. Learned counsel for the petitioners has made a
submission that in identical circumstances, similar writ petitions
have been disposed of and he has referred to the orders passed
by the Co-ordinate Bench of this Court in W.P. No.51342/2016
and connected matters disposed of on 23.04.2019 and W.P.
No.116156/2019 and connected matters disposed of on
24.11.2020.
5. Learned AGA though dispute the statement of the
petitioners that all the petitioners have completed ten years of
service in the respective institutions does not dispute the fact
that identical writ petitions have been disposed of by this Court.
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6. Considering the submission made by the counsels
on both sides, this petition is also disposed off in terms of the
orders passed by the Co-ordinate Bench of this Court in W.P.
No.51342/2016 disposed of on 23.04.2019 and W.P.
No.116156/2019 and connected matters disposed off on
24.11.2020. Accordingly, the following:
ORDER
The writ petition succeeds in part. A writ of mandamus is
issued to the respondents to consider the case of the
petitioners for regularization / absorption within the parameters
of the aforesaid judgments of the Co-ordinate Bench of this
Court and in accordance with law preferably within an outer
limit of four months.
The respondents are directed to continue the services of
the petitioners and not to alter their service conditions
prejudicially to their interest till such consideration is made by
them.
It is also open to the respondents to solicit any
information / documents from the petitioners as may be
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necessary for the purpose of consideration of their case in
compliance of the order passed by this Court.
Sd/-
JUDGE
RSH / CT: BCK
