Sri Channappa S/O Subbanna vs The Principal Secretary
2024 Latest Caselaw 26345 Kant

Karnataka High Court

Sri Channappa S/O Subbanna vs The Principal Secretary on 5 November, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                              -1-
                                                         NC: 2024:KHC-D:16200
                                                       WP No. 106171 of 2024




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                         DATED THIS THE 5TH DAY OF NOVEMBER, 2024
                                           BEFORE
                        THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                          WRIT PETITION NO. 106171 OF 2024 (S-RES)
                 BETWEEN:
                 SRI. CHANNAPPA S/O. SUBBANNA,
                 AGE: 33 YEARS, OCC: GUEST LECTURER,
                 HALUVAGALU, TQ: HARAPANAHALLI,
                 DIST: VIJAYANAGAR.
                                                                 ...PETITIONER
                 (BY SRI. B.N. MULIMANI, ADVOCATE)
                 AND:
                 1.   THE PRINCIPAL SECRETARY,
                      DEPARTMENT OF HIGHER EDUCATION,
                      M.S. BUILDING, BENGALURU-560001.

                 2.   THE COMMISSIONER,
                      DEPARTMENT OF COLLEGIATE EDUCATION,
                      UNNATHA SHIKSHANA SOUDHA,
                      SESHADRI ROAD, BENGALURU-560001.

MALLIKARJUN      3.   THE PRINCIPAL,
RUDRAYYA
KALMATH               RESIDENTIAL GOVT. FIRST GRADE COLLEGE,
Location: HIGH
COURT OF
                      KAVITAL, KAVITAL DIST: RAICHUR.
KARNATAKA
DHARWAD                                                        ...RESPONDENTS
BENCH

                 (BY SRI. ASHOK T. KATTIMANI, AGA)


                      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
                 NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION TO
                 CONTINUE THEIR SERVICE IN THE RESP 3 COLLEGE IN VIEW OF THE
                 CIRCULAR ISSUED BY R2 VIDE ANNEXURE-D DATED 04/10/2024
                 AND ETC.

                       THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
                 THIS DAY, THE COURT MADE THE FOLLOWING:
                               -2-
                                         NC: 2024:KHC-D:16200
                                       WP No. 106171 of 2024




                         ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Heard learned counsel for the petitioner and learned

AGA for respondents/State.

2. Petitioner is working as a Guest Lecturer for the last

three years in the respondent No.3-College. Respondent

No.2 issued a notification dated 30.08.2024 with a provision

for the Guest Lecturers of previous years to continue in the

same colleges for the following year 2024-25. This being the

state of affairs, pending the said notification, respondent

No.2 has issued one more circular allowing Guest Lecturers

of previous years to continue in the same Colleges except

the Guest Lecturers whose names have not been entered in

the emis portal. The entry of names in emis portal is a

technical issue for the petitioner's and hence he made a

representation on 04.10.2024 to the respondent-authority.

3. Learned counsel for the petitioners relies on the

Judgment of a coordinate bench of this Court in Writ Petition

No.105934/2024(S-RES), which came to be allowed and

hence similar orders to be passed in parity. There is some

force in contention of learned counsel for the petitioner.

NC: 2024:KHC-D:16200

4. Without expressing any opinion on the merits of the

matter with regard to the petitioner's eligibility or right to

continue the service in respondent No.3-College, the

representation shall be considered by respondent No.3 in

accordance with law. Accordingly, I pass the following :

ORDER

(i) Petition is allowed.

        (ii)        Writ    of    mandamus        is   issued   directing

                    respondent        No.3        to     consider     the

                    representation          of     petitioner       dated

04.10.2024 within an outer limit of four

weeks from the date of receipt of copy of

this order.

(iii) It is made clear that this Court has not

expressed any opinion on the merits of the

matter.

Sd/-

(PRADEEP SINGH YERUR) JUDGE

CKK CT-MCK