Petitioner guest lecturers sought regularization/absorption into lecturer posts via Writ Petition under Articles 226/227. Court held remedy lies with Administrative Tribunal citing prior Tribunal decision on similarly placed persons, as petition did not raise jurisdictional objection earlier.
None. Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:22438 WP No. 2805 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 2805 OF 2023 (S-REG)
BETWEEN:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
FOR WOMEN GANDADKOTI, HASSAN TALUK HASSAN DISTRICT-573201.
NC: 2024:KHC:22438 WP No. 2805 of 2023
GANDADKOTI, HASSAN TALUK HASSAN DISTRICT-573201.
BENGALURU-560064.
NC: 2024:KHC:22438 WP No. 2805 of 2023
AGED ABOUT 42 YEARS WORKING AS HISTORY GUEST LECTURER GOVERNMENT FIRST GRADE COLLEGE PANCHANAHALLI KADUR TALUK CHIKMAGALUR DISTRICT-577182.
HASSAN DISTRICT-573103.
TIPTUR
TUMKUR DISTRICT-572201.
WORKING AS COMMERCE GUEST LECTURER GOVERNMENT FIRST GRADE COLLEGE TIPTUR
TUMKUR DISTRICT-572201.
WORKING AS MANAGEMENT GUEST LECTURER GOVERNMENT FIRST GRADE COLLEGE SHIKARIPURA
SHIVAMOGGA DISTRICT-577427.
GANDADKOTI, HASSAN TALUK HASSAN DISTRICT-573201.
…PETITIONERS
(BY SRI. FAYAZ SAB B G., ADVOCATE)
AND:
NC: 2024:KHC:22438 WP No. 2805 of 2023
BENGALURU-560001.
…RESPONDENTS
(BY SRI. NAVEEN CHANDRASHEKAR, AGA)
THIS WP IS FILED UNDER ARTICLS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIMS OF THESE PETITIONERS FOR REGULARIZATIONS/ABSORPTIONS IN THE POST OF LECTURERS IN THE COLLEGES/INSTITUTIONS RUN AND MANAGED BY THE RESPONDENTS IN TERMS OF ORDER DATED 27/07/2021 PASSED IN W.P.NO.200568/2021 (S-REG) C/W W.P.NO.200563/2021 (S-REG) WHICH IS PRODUCED AND MARKED AS ANNEXURE-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners, who assert that they are working as " Guest Lecturers " with different Colleges/ Institutions run by the State Government, have sought for the relief which reads as under:
For directions to the Respondents to consider the claims of these Petitioners for regularizations/absorptions in the Post of Lecturers in the Colleges/Institutions run and managed by the Respondents in terms of Order dated 27.07.2021 passed in W.P.No.200568/2021 [S-REG] c/w
NC: 2024:KHC:22438 WP No. 2805 of 2023
W.P.No.200563/2021 [S-REG], which is produced and marked as Annexure-D.
Sri. Naveen Chandrashekar, the learned
Additional Government Advocate for the respondents, submits that as the petitioners are seeking regularization to the civil posts in the Government Colleges/Institutions, their remedy would be under the Administrative Tribunals Act, 1985 [for short, ' the Tribunals Act' ] and as such, the petitioners' remedy would be with the Tribunal, but in the present case, the petition must be dismissed at the threshold even otherwise because the claim of similarly situate persons has been considered by the Tribunal and dismissed as lacking in merits.
In response, Sri. Fayaz Sab B.G., the learned
counsel for the petitioners, submits that in very similar circumstances, this Court in W.P.No.21917/2022 [S-RES] has directed the
authorities to consider the request by similarly placed
persons for regularization. However, Sri. Fayaz Sab B.G. cannot gainsay that the remedy under the Tribunals Act was not raised in the petition in W.P.No.21917/2022 [S-RES], and if this objection is
now raised, this Court must opine that the petitioners must avail their remedy under the Tribunals Act. Insofar as the other contention viz ., that there cannot be any orders because of the decision by the Tribunal in the case of similarly placed persons, it would suffice for this Court to observe that it is an aspect that should be considered by the Tribunal, if there is occasion for the same.
As such, the petition stands disposed of with liberty subject to all just exceptions.
Sd/JUDGE
RB
2 issues framed by the court
Whether guest lecturers can seek regularization in civil posts directly or must approach the Administrative Tribunal?
Whether the Administrative Tribunal has already considered similar claims?
Colour shows how this judgement treated each authority
W.P.No.21917/2022Referred¶69
W.P.No.21917/2022 [S-RES]
2 provisions across 2 enactments
Sri Tabrez and others
The State of Karnataka and others
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
