Karnataka High Court
Shambhulingeshwara L vs The State Of Karnataka on 16 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
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:
-2-
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
NC: 2025:KHC-D:13992
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
NC: 2025:KHC-D:13992
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
