Guest lecturers at a Karnataka Residential Educational Institutions Society college sought continuation of service and regularization. Following an earlier batch decision, the court held they cannot be replaced by other ad-hoc staff while sanctioned posts remain unfilled through proper recruitment.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6515 OF 2024 (S-RES)
BETWEEN:
Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA
PUC COLLEGE (SC-348), FF-0229, KAMTHANA, TALUK AND DIST. BIDAR
…PETITIONERS
(BY SRI. JAGDISH SHASTRI, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA FOR R1 AND R2; SRI. S. NAGAIAH, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) DIRECT THE
RESPONDENTS TO CONTINUE THE SERVICE OF THE PETITIONERS AS A LECTURER AS THEY ARE WORKING AS AGAINST THE SANCTIONED VACANT POST IN KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY TILL REGULAR RECRUITMENT IS TAKEN PLACE IN ACCORDANCE WITH LAW AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners who are teaching staff serving at respondent No.2–residential society have filed the
captioned petition seeking following reliefs:
"1) Direct the respondents to continue the service of the Petitioners as a lecturer as they are working as against the sanctioned vacant post in Karnataka Residential Educational Institutions Society till regular recruitment is taken place in accordance with law.
2) Direct the respondents to pay the scale attached to the post of a lecturer as specified in the regulation of society to the Petitioners on the principal of equal pay for equal work as held by the Hon'ble supreme court in 2017 (1) SCC 148 and consequently direct the respondents to pay the difference of arrears of salary to the Petitioners from the date of appointment with all other consequential benefit under the fact and cir. Of the case.
3) Issue writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the
respondents to extend the benefit of Service Weightage and to relaxation of age in the regulation and to bring in conformity with the Rules of regularization of their service of job of the Petitioners in the respondents' institutions, in the interest of justice and equity.
4. Issue any other writ or direction in the nature of writ which this Hon'ble court may deem fit, in the facts and circumstances of the above said case, in the intent of justice and equity".
“13. The insistence on regular appointments of teachers/lecturers aligns with the broader objectives of institutional stability, academic continuity, and the
NC: 2024:KHC:9343 WP No. 6515 of 2024
welfare of the teaching staff. The Supreme Court's stance against replacing temporary employees with other temporary employees underscores the importance of transitioning towards a more stable and permanent workforce. Moreover, the fulfillment of approximately 2353 vacant posts represents a significant step in addressing the long-standing issue of understaffing, and it would be incongruous to fill these positions with temporary appointments while qualified and experienced temporary lecturers are available for regularization. The respondents, given the substantial number of vacancies, should prioritize the regularization of the existing temporary/adhoc/guest lecturers or teachers. This approach not only adheres to established legal principles but also serves the institutional interest by fostering stability, academic continuity, and the well-being of the teaching staff.
14. In light of these considerations, it is imperative for the respondents to recognize the tenure and contributions of the petitioners and refrain from arbitrary termination or replacement practices. Failure to do so would not only violate the legitimate rights of the petitioners but also undermine the principles of equity and justice that form the bedrock of our legal system.
15. The records reveal that though there are 8831 sanctioned posts of teachers, only 3613 are appointed as permanent teachers and vide Recruitment Notification, 2859 teachers are selected by the Selection Authority (KPSC). Therefore, there are still substantial posts vacant. If sanctioned posts are vacant and against the sanctioned posts, guest Teachers/Lecturers who are serving cannot be disturbed and the respondent-KREIS is bound to continue the services of those guest Teachers/Lecturers who are rendering the services against sanctioned posts till those vacant posts are filled by appropriate recruitment process.”
pass the following:
ORDER
(i) The writ petition is allowed in part;
(ii) The respondents are hereby directed not to relieve the petitioners if they are still rendering their service in the respondent No.2Society against the vacancies subject to filling up of those vacant posts through proper recruitment process.
(iii) The pending interlocutory applications, if any, do not survive for consideration and stand disposed of accordingly.
Sd/JUDGE
HDK
List No.: 1 Sl No.: 20 CT: BHK
1 issue framed by the court
Whether guest lecturers serving against sanctioned vacant posts can be terminated or replaced until regular recruitment fills those posts.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Sri. Ganesh
Sri. Ravikiran
Sri. Sandeep
The Secretary, Social Welfare Department, State of Karnataka
Karnataka Residential Educational Institutions Society
The Deputy Director, Social Welfare Department, Bidar
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
