The State of Karnataka Vs Sanjeevaiah H

(BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SHARVANI.T.GOWDA, ADVOCATE FOR THE IMPLEADING APPLICANT IN I.A. 18/2025; SRI.T.P.RAJENDRAKUMAR SUNGAY, ADVOCATE FOR R-1 TO R-4; SRI.H.R.SHOWRI, ADVOCATE FOR R-5; SRI.SANDARSHA H.L. R-4-PARTY-IN-PERSON)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE ORDER DATED 05.09.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No. 23600/2023, ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ appeal is directed against the judgment and order dated 05.09.2024 passed by the learned Single Judge in W.P.No.23600/2023.

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The petitioners in the writ petition had challenged the Notification dated 24.08.2023 wherein the Government had taken the stand that the candidates who have Post Graduate Degree need not to have NET/SLET/Ph.D for appointment as Guest Lecturers in the Government First Grade Colleges.

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This notification dated 24.08.2023 issued by the Government was contrary to the University Grant Commission Regulations, 2018 and Guidelines of 2019. The learned Single Judge allowed the writ petition and set aside the said notification and directed that the Government to ensure the strict compliance of the qualifications as prescribed by the University Grant Commission (UGC) in their Regulations of 2018 and the Guidelines issued in 2019. Thus, the learned Single Judge made it clear that a person who does not possess

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the requisite qualification as prescribed under the UGC Regulations of 2018 and the Guidelines of 2019 would not be entitled for appointment on the post of Guest Lecturer in the Government First Grade Colleges.

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This matter was heard at length by a Co-ordinate Bench on 09.09.2025. The Co-ordinate Bench on the said date passed a detailed order which reads as under:

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"1. The State has filed the present intra-court appeal impugning an order dated 05.09.2024 [impugned order] passed by the learned Single Judge of this Court in W.P.No.23600/2023 [ S-RES ]. Respondent Nos.1 to 4 [ Writ Petitioners ] had filed the said petition inter-alia impugning a notification dated 24.08.2023 for selection of guest lecturers in Government First Grade Colleges.

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The writ petitioners were aggrieved by the selection process as set out in the impugned notification inasmuch as it provided for certain weightage (by way of marks) to the qualification of Ph.D Degree and NET/K-SET/SLET examination. According to the writ petitioners, such qualifications are essential qualifications and the candidates not possessing either of the said qualifications are ineligible for being appointed as lecturers.

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The learned Single judge has partly allowed the petition. The dispositive part of the impugned order is set out below:

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"ORDER

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i) This writ petition is allowed in part.

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ii) The respondent Nos. 1 and 2 are directed to ensure complete compliance of the minimum qualification as prescribed by the UGC/respondent No.3 under the UGC Regulations, 2018 before selecting any candidates for the post of Guest Lecturer.

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iii) It is made clear that in view of the order passed in W.P No. 3079/2022 and connected cases, the marks prescribed for past service for a maximum period of 16 years at the rate of 3 marks shall continue to be applied.

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iv) It is also made clear that the respondent Nos.1 and 2 shall not select any candidate who does not posses minimum qualification as prescribed in the UGC Regulations, 2018 and shall not select any candidate by placing a condition on him/her that he/she shall obtain requisite qualification namely NET/SLET/SET before 13.01.2025, unless he/she is awarded with a doctoral prior to July 2009.

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In view of the disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand disposed off."

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After some arguments, learned AAG appearing for the appellants submits that the appellants would follow the decision of the learned Single Judge for the Academic Year 2026-2027. He, however, submits that for the Academic Year 2025-2026, appellants may be permitted to engage persons who are not qualified the NET/SLET/SET or Ph.D for two reasons: first, the requirement of guest lecturers in certain Disciplines far exceeds the number of applicants; and second that in

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certain Disciplines the qualifying examinations have not been conducted.

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In order to obviate any ambiguity as to the minimum qualifications, we consider it apposite to set out paragraph 3.3 of the “UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018", which reads under:

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" 3.3

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I. The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the minimum eligibility for appointment of Assistant Professor and equivalent positions wherever provided in these Regulations. Further, SLET/SET shall be valid as the minimum eligibility for direct recruitment to Universities/Colleges/Institutions in the respective state only:

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Provided that candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulation, 2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. Provided further that the award of degree to candidates registered for the M.Phil/Ph.D.programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of

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Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:

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a) The Ph.D. degree of the candidate has been awarded in regular mode only;

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b) The Ph.D. thesis has been awarded by at least two external examiners;

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c) An open Ph.D. viva voce of the candidate has been conducted;

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d) The candidate has published two research papers from his/her Ph.D. work out of which at least one is in a refereed journal;

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e) The candidate has presented at least two papers, based on his/her Ph.D. work in conferences/seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency.

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The fulfillment of these conditions is to be cetified by the Registrar or the Dean (Academic Affairs) of the University concerned.

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II. The clearing of NET/SLET/SET shall not be required for candidates in such disciplines for which NET/SLET/SET has not been conducted."

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Learned AAG submits that with effect from the next academic year only those persons who qualify the eligibility conditions stipulated in "UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018" shall be appointed as Guest Faculty. He, however, submits that there are various disciplines, for which, relevant qualifying exams [NET/SLET/SET] have not been conducted. He also points out that in certain disciplines, the number of qualified candidates available is

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less than the requirement. He has handed over a Tabular Statement setting out the details of the requirement of Guest Faculties for the Academic Year 2025-26, which is

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as under:

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		Guest Faculty	Details for	2025-26
Sl. No.	Subject	Guest Faculty Engaged for 2024- 25	Application Received for 2025- 26	Applicants' Qualification With NET/SLET/Ph D	Applicants' Qualification WITHOUT NET/SLET/PhD
1	Arabic	1	2	2	0
2	Biochemistry	7	239	90	149
3	Biotechnology	36	265	93	172
4	Botony	118	1164	418	746
5	Chemistry	377	2553	845	1708
6	Commerce	1434	7663	3343	4320
7	Computer Science	1370	3782	560	3222
8	Criminology	31	112	54	58
9	Drama	2	25	11	14
10	Economics	510	3556	1828	1728
11	Education	17	411	173	238
12	Electronics	7	178	30	148
13	English	745	3069	987	2082
14	Environmental Science	171	268	110	158
15	Fashion Technology	3	1	0	1
16	Genetics	1	22	10	12
17	Geography	154	459	187	272
18	Geology	2	54	38	16
19	Hindi	220	709	279	430
20	History	681	3426	1986	1440
21	Home Science	18	161	95	66
22	Journalism	68	314	143	171
23	Kannada	973	5021	3456	1565
24	Law	9	51	13	38
25	Librarian	208	1173	391	782
26	Management	492	1363	469	894
27	Marati	3	15	9	6
28	Mathematics	381	2915	585	2330

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29	Microbiology	35	282	90	192
30	Music	5	21	9	12
31	Physical Education	242	1113	461	652
32	Physics	338	2302	486	1816
33	Political Science	864	2958	1376	1582
34	Psycology	37	184	51	133
35	Sanskrit	17	64	20	44
36	Sericulture	1	4	0	4
37	Social Work	77	541	287	254
38	Sociology	416	1846	928	918
39	Statistics	4	35	10	25
40	Tamil	4	9	5	4
41	Telugu	7	9	7	2
42	Tulu	1	5	0	5
43	Urdu	91	248	98	150
44	Women Studies	4	75	57	18
45	Zoology	121	987	390	597
	Grand Total	10303	49702	20504	29198

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The said Tabular Statement does indicate that in certain Disciplines, such as, Computer Science, the requirement of guest faculty far exceeds being the number of applicants with the requisite qualifications.

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In view of the aforesaid submission, we consider it apposite to direct, as an interim measure for the Academic Year 2025-26, that the appellants would be at liberty to engage applicants even though they do not fulfill the qualifications of NET/SLET/Ph.D, as guest faculty in certain disciplines where the number of qualified candidates fall short of the number of persons required to be appointed.

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Insofar as the appellants' contention that there are Disciplines where the qualifying exams NET/SLET/SET has

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not been conducted, the learned counsel appearing for respondent No.5 [UGC] has referred to Regulation 3.3 (ii) of the aforesaid regulations, which expressly provides that clearing of the said examination would not be required for candidates in such disciplines, for which, the said examinations have not been conducted. This would address the appellants' apprehension in this regard.

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This Court is informed that there are certain other persons who claim that there are specific exemptions granted by UGC in respect of the aforesaid qualifications.

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In this regard it is clarified that of UGC has exempted certain category of persons from the applicability of the aforesaid regulations this interim order would not be read as denying the said exemption.

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List on 08-10-2025 for further proceedings.

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The endeavour would also be made to hear the parties seeking impleadment or intervention in the present appeal on the next date of hearing."

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The learned Additional Advocate General who is appearing herein also appeared on 09.09.2025 and made a categorical statement before the Bench that the judgment of the learned Single Judge shall be complied with for the Academic Year 2026-27, however for the Academic Year 2025-26, the State may be permitted to engage persons who are not qualified with

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the NET/SLET/SET/Ph.D for two reasons that the requirement of Guest Lecturers in certain disciplines exceeds the number of qualified persons and in certain disciplines, the qualification examinations have not been conducted. Considering the said stand of the State, the Co-ordinate bench relying on the Regulations 3.3(2) of the UGC Regulations 2018 said that the Regulations itself provide expressly that in case where the examinations have not been held, the candidate should not be required in such disciplines to have NET/SLET/SET/Ph.D etc. to their credit. Certain other persons who claim that they have been specifically exempted by UGC in respect of aforesaid qualification in NET/SLET/SET/Ph.D etc., the Court observed

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that the UGC itself has exempted certain category of persons from the applicability of the aforesaid Regulations.

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The learned counsel appearing for UGC has submitted that the persons who are not qualified as per the UGC Regulations are not entitled for appointment as the Guest Lecturer or permanent Lecturer or temporary Lecturer. Only the persons who are duly qualified as per UGC Regulations

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2018 are entitled for appointment on the post of Guest Lecturer

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etc.

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Sofar as the disciplines where the examinations have not been conducted by the UGC for acquiring the qualification, the Regulation 3.3 itself provides a window for appointment of the persons who do not have the NET/SLET/SET/Ph.D etc. qualification. The learned Single Judge has only said that the Government has to follow the UGC Regulations. We do not find that the learned Single Judge has committed any error of law while interpreting the UGC Regulations, 2018 which provide for Eligibility conditions in respect of the appointments on the post of Lecturers in Degree Colleges and Universities. As the UGC Regulations take care of the apprehension expressed by the learned Additional Advocate General appearing for the State, we do not find that the judgment of the learned Single Judge requires any interference by this Court.

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We therefore, dismiss this appeal and uphold the judgment of the learned Single Judge.

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The State is directed to make appointment only in accordance with the UGC Regulations 2018 and the Guidelines of 2019 from Academic Year 2025-26 and onwards.

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In case if the qualified candidates are not available in enough number against the posts advertised by the State Government, the State may bring it to the notice of this Court by filing an appropriate application and this Court will pass necessary direction after hearing the parties.

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Accordingly, the writ appeal stands dismissed .

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Sd/(D K SINGH) JUDGE

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Sd/(RAJESH RAI K) JUDGE

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DHA List No.: 1 Sl No.: 9

The State of Karnataka v. Sanjeevaiah H

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The State of Karnataka v. Sanjeevaiah H

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