Karnataka High Court

Dr. Chethan M R vs State Of Karnataka on 20 November, 2025

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                                                WP No. 26286 of 2025


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              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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                                  WP No. 26286 of 2025


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     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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                                     WP No. 26286 of 2025


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     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

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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

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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

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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

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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

WP No.7047/2023 and connected petitions, disposed of on 21.02.2024.

(2022) 15 SCC 540

(2006) 4 SCC 1

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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

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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.

2022 SCC OnLine SC 1706

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11. In view of the above discussion, I proceed to

pass the following: