IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION No.16066 OF 2019(S-REG) C/W WRIT PETITION No.16065 OF 2019(S-RES), WRIT PETITION No.16067 OF 2019(S-REG) WRIT PETITION No.16068 OF 2019(S-REG) WRIT PETITION No.16069 OF 2019(S-REG) WRIT PETITION No.16088 OF 2019(S-REG) AND WRIT PETITION No.16089 OF 2019(S-RES) IN WRIT PETITION No.16066 OF 2019(S-RES) BETWEEN:
Dr. Kumara S K Aged about 35 years S/o Mr. Kariyaiah Guest Lecturer Department of Education Post Graduate Centre Manasagangotri University of Mysore Mysuru-570005. ... Petitioner (By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented By Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. The Department of Education Post Graduate Centre, Manasagangotri, University of Mysore, Mysuru-57005 Represented by it Head of the Department.
3. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005. … Respondents (By Smt M S Prathima AGA for R-1;
Sri T P Rajendrakumar Sungay – Adv. for R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A and etc.
IN WRIT PETITION No.16065 OF 2019(S-RES) BETWEEN:
Mr. Anil Kumar S Aged about 40 years S/o Mr. Shivanna S N Guest Lecturer Department of Criminology and Forensic Science Maharaja College University of Mysore Mysuru 570 007 Resident of # L-90 4th Stage, Kuvempunagar Mysore -570023. ... Petitioner (By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented By Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005.
3. The Principal Yuvaraja College Mysuru 570 005. … Respondents (By Smt M S Prathima AGA for R-1;
Sri T P Rajendra Kumar Sungay – Adv. for R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A1 and etc., IN WRIT PETITION No.16067 OF 2019(S-REG) BETWEEN:
Dr. Swetha S Aged about 38 years W/o Mr. M Ranjith Guest Lecturer ‘Department of Environmental Science’ Maharaja College University of Mysore Mysuru 570 007 Resident of # 385, ‘A’ block Vijayanagar 3rd Stage Mysore 570 017. ... Petitioner (By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented by Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005.
3. The Principal Yuvaraja College Mysuru 570 005. … Respondents (By Smt M S Prathima AGA for R-1;
Sri T P Rajendra Kumar Sungay – Advocate for R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A1 and etc., IN WRIT PETITION No.16068 OF 2019(S-REG) BETWEEN:
Dr Ramesha K G Aged about 37 years S/o Mr. Gavigowda Guest Lecturer ‘Department of Studies in Anthropology’ Post Graduate Centre Manasagangotri University of Mysore Mysuru 570 005 Resident of Kenchanahalli Kerathonnur Post Pandavapura Taluk Mandya District 571 434.
(By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented By Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. The Department of Studies in Anthropology Post Graduate Centre Manasagangotri University of Mysore Mysuru 570 005 Represented by its Head of the Department.
... Petitioner 3. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005. … Respondents (By Smt M S Prathima AGA for R-1;
E/Notice issued to R2 on 22.04.2019, service is awaited, Sri T P Rajendra Kumar Sungay – Adv., for R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A1; direct the respondents to pay the salary in par with the salary of the regular lecturers appointed in the university colleges of the R-2 and etc.
IN WRIT PETITION No.16069 OF 2019(S-REG) BETWEEN:
Dr. Sathyanarayana B R Aged about 46 years S/o Mr. Ramaswamy B S Guest Lecturer ‘Department of Kannada’ Maharaja College University of Mysore Mysuru 570 007 Resident of # 2847 / 9C First floor, 4th main, 9th cross Jayanagar, Mysore 570 014. ... Petitioner (By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented By Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005.
3. The Principal Yuvaraja College Mysuru 570005. … Respondents (By Smt M S Prathima AGA for R-1;
Sri T P Rajendra Kumar Sungay – Adv. for R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A1; Direct the respondents to pay the salary in par with the salary of the regular lecturers appointed in the University colleges of the R-2; Direct the R-2 and 3 not to relieve the petitioner in the end of the academic year and continue the services and pay salary fixed for the leave period and etc.
IN WRIT PETITION No.16088 OF 2019(S-REG) BETWEEN:
Dr. Ramakrishna Aged about 45 years S/o Mr. Varadaraju Guest Faculty Faculty of Development Studies and Rural Development, Institute of Development Studies University of Mysore Manasagangothri Mysuru 570 006 Resident of # LIG – 44, 6th Cross, ‘K’ block, Ramaksrihana Nagar Mysore 570 022. ... Petitioner (By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented By Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. Institute of Development Studies University of Mysuru Leela Vihar Manasagangothri Mysore-570 006 Represented by its Director.
3. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005. … Respondents (By Smt M S Prathima AGA for R-1;
Sri T P Rajendra Kumar Sungay – Advocate, for R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A1 and etc., IN WRIT PETITION No.16089 OF 2019(S-RES) BETWEEN:
Dr.Chandrashekar R Aged about 46 years S/o Mr. Rachaiah Guest Lecturer ‘Department of Studies in Anthropology’ University of Mysore Mysuru 570 006 Resident of Malligahally Kinakahalli post Yelandur Taluk Chamarajanagar 571442. ... Petitioner (By Sri Dr. S Arumugham, Advocate) AND:
1. The State of Karnataka Represented by Secretary, Department of Higher Education, M.S. Building, Bangalore-560001.
2. The University of Mysuru Represented by its Registrar, Karya Soudha, Crawford Hall, Mysuru-570005.
3. Department of Studies in Anthropology University of Mysore Mysore 570 006 Represented by its Head of the Department. … Respondents (By Smt M S Prathima AGA for R-1;
Sri T P Rajendra Kumar Sungay – Advocate, for R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to regularize the services of the petitioner vide Annex-A1 and etc., These Writ Petitions are coming on for Orders, this day, the Court made the following:
COMMON ORDER R. DEVDAS J., (ORAL):
Sri. T.P.Rajendra Kumar Sungay, learned counsel is directed to take notice for respondent - University.
2. The prayers made in these writ petitions for seeking direction to respondent - University to regularize the service of the petitioners, are similar to the prayers which were made in W.P.No.51342/2016 and connected matters which were disposed of by order dated 23.04.2019.
3. In W.P.No.51342/2016, this Court has considered the arguments of the rival parties and passed the following order:
ORDER 1) These writ petitions are partly allowed.
2) The respondent-University shall take steps to regularize as one-time measure, the services of the petitioners herein and all such similarly placed person/persons, who were appointed under Section 51B of the Karnataka State Universities Act, 1976 and or Section 56 of the Karnataka State Universities Act, 2000, who have put in 10 years or more, immediately before the notification of the rules.
3) The respondent-University shall set in motion the process of regularization and complete the same within a period of six months from today.
4) The respondent-University may impose a condition that on regularization, if the person/ persons have not acquired the qualification such as NET/SLET as required under the existing UGC norms, they shall acquire the qualification within a reasonable time from the date of their regularization, as was provided in Statutes, 2004.
5) The petitioners shall not be relieved or discontinued from service till they are considered under the Rules that are to be formulated as directed above.
6) The respondent-University shall follow the roster of reservation while regularizing the services, as far as possible.
In view of the above, these petitions are also disposed of granting the same benefit that was granted to the petitioners in W.P.No.51342/2016.
These petitions are accordingly disposed of.
NR/-
Sd/- JUDGE