Dr. Chethan M R Vs State of Karnataka

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

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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FULL TIME GUEST FACULTY DEPARTMENT OF MECHANICAL ENGINEERING UNIVERSITYOF VISVESVARAYA COLLEGE OF ENGINEERING D DEVARAJA URS ROAD, DR. B.R. AMBEDKAR VIDHI K.R.CIRCLE BENGALURU 560001 …PETITIONER

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(BY SRI. PARAMESHWARAIAH D.C., ADVOCATE FOR SRI. SYED AKBAR PASHA, ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION R/P SECRETARY 6^TH FLOOR, M.S.BUILDING

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AMBEDKAR VIDHI, BENGALURU 560001

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THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION AND TECHNICAL EDUCATION GOVT. OF KARNATAKA TANTRIKA SHIKSHANA BHAVANA 3^RD FLOOR, PLACE ROAD BENGALURU 560001

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THE DIRECTOR UNIVERSITY OF VISVESVARAYA COLLEGE OF ENGINEERING D DEVARAJA URS ROAD, DR. AMBEDKAR VIDHI K.R.CIRCLE BENGALURU 560001

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REGISTRAR UNIVERSITYOF VISVESVARAYA COLLEGE OF ENGINEERING D DEVARAJA URS ROAD, DR. AMBEDKAR VEEDHI, K.R.CIRCLE BENGALURU 560001

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DEAN FACULTY OF ENGINEERING UNIVERSITY OF VISVESVARAYA COLLEGE OF ENGINEERING D DEVARAJA URS ROAD, DR.AMBEDKAR VIDHI K.R.CIRCLE BENGALURU 560001

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CHAIRPERSON DEPARTMENT COUNCIL DEPARTMENT OF MECHANICAL ENGINEERING UNIVERSITY OF VISVESVARAYA COLLEGE OF ENGINEERING D DEVARAJU URS ROAD,

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K.R.ROAD DR. B.R. AMBEDKAR VIDHI BENGALURU 560001.

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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

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…RESPONDENTS

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[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)]

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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.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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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.

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Brief facts leading rise to the filing of this petition are as follows:

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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.

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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.

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Heard the arguments of the learned counsel for

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the petitioner, learned AGA for respondent Nos.1 and 2, and learned counsel for respondent Nos.3 to 7.

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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

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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.

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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

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of Secretary, State of Karnataka and Others Vs.

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Umadevi and Others³ . He submits that, on the basis of

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

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2 (2022) 15 SCC 540

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3 (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.

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Learned Additional Government Advocate prays to dispose of the writ petition.

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Perused the records and considered the

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submissions of the learned counsel for the parties.

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There is no dispute that the petitioner was appointed as a Guest Faculty for the academic year 202425. 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

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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:

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“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. … … …”

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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.

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