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 Nos. 15049-15058 OF 2019 (S-REG) BETWEEN:
1. Ravindra.V S/o Venkataramu B Aged 47 years Residing at No. 2705 3rd Main, 3rd Cross, E-Block Dattagalli 3rd Stage, Kanakadasa Nagara Mysuru – 570 022.
2. Lokesh C.S S/o Shivanna Aged 45 years Residing at No. 90 5th Main Road M-Block, 2nd Stage Kuvempunagara Mysuru – 570 023.
3. Dr. K.N. Basavaraju S/o late Nanjaiah Aged 43 years Residing at No. 146, Ambedkar Road Kuruburu (V&P), T. Narasipura Taluk Mysuru District – 571 124.
4. Chandrakala.C D/o late Chikkanna Aged 42 years Residing at No. 1047/9A, 2nd Main 5th Cross, Vidyaranyapuram Mysuru – 570 008.
5. Anitha K.S.
D/O Subha Krishna Shastri Aged 49 years Residing at No. 202/B Uttaradhi Matta Street 4th East Cross, Fort Mohalla Mysuru – 570 004.
6. Manohar.B S/o Basavarajappa K Aged 42 years Residing at Thandreankanahalli Village Thandre Post, Mirle Hobli K.R. Nagara Taluk – 571 604.
7. Ananda Kumara.H S/O Huchappa Aged 41 years Hampapura Village and Post K.R. Nagara Taluk Mysuru District – 571 601.
8. Madappa . P S/o Puttamadaiah Aged 43 years Akala Village, Kadabur Post Nanjangud Taluk Mysuru District – 571 314.
9. Paramesha.S S/o late Siddaiah Aged 42 years Residing at No. 28, 6th Cross Bhyraveshwara Nagar Hebbal 1st Stage Mysuru – 570 016.
10. Mahesh Babu.P S/o Late Puttaswamy Aged 43 years Residing at No. 22/1 Madhunivasa, Near Water Tank Ramaswamy Layout Chamaraja Nagara – 571 313. ... Petitioners (By Sri. Reuben Jacob, Advocate) AND:
1. University of Mysuru Mysuru Vishwavidya Nilaya Karya Soudha Crawford Hall, Manasa Gangothri Mysuru – 570 005. By its Registrar.
2. Sate of Karnataka Department of Higher Education M.S.Building, Bengaluru – 560 001.
By its Principal Secretary. … Respondents (By Sri. T.P. Rajendra Kumar Sungay, Advocate for R1; Smt. M.S. Prathima, AGA for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the Respondents to Regularize the Services of the Petitioners on permanent basis in the posts of Lecturers against which they are working, by declaring that the petitioners are entitled for regularization/absorption on permanent basis and they are entitled for the benefits granted to similarly situated persons under “ University of Mysore (Absorption/Regularization of Temporary Full-Time/Part-Time Lecturers)” Statutes, 2004 Notified Vide Notification dated 07.02.2007 Vide Annexure-C:
These Writ Petitions coming on for orders, this day, the Court made the following:
ORDER R. DEVDAS J., (ORAL):
Sri. T.P.Rajendra Kumar Sungay, learned counsel is directed to take notice for respondent No.1-University.
2. The prayer made in this writ petition for seeking direction to respondent No.1-University to regularize the service of the petitioner, is similar to the prayer which was 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, this petition is also disposed of granting the same benefit that was granted to the petitioners in W.P.No.51342/2016.
The petition is accordingly disposed of.
Sd/- JUDGE NR/-