IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.21107 OF 2019 ( S-REG) Between:
Mrs. Sowmyashree S.K., Aged about 36 years, W/o Mr. Vasanthakumara.R, Guest Lecturer, Centre for Women’s Studies, University of Mysore, Manasagangotri, Mysuru – 570 006.
R/o Achappanakoppalu Village, Ramapura Post, Srirangapatna Taluk, Mysuru District – 571 427. …Petitioner (By Sri.S.Arumugham, Advocate) And:
1. The State of Karnataka, Represented by Secretary, Department of Higher Education, M.S. Building, Bengaluru – 560 001.
2. Centre for Women Studies, Represented by its Head of the Department, University of Mysore, Manasagangotri, Mysuru – 570 006.
3. The Registrar, University of Mysore, Crawford Hall, Mysuru – 570 005.
…Respondents (By Smt. M.S. Prathima, AGA for R-1) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to direct the respondents to regularize the services of the petitioner vide Annexure-B and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER In the instant petition, petitioner has sought for the following reliefs:
(a) Issue writ of Mandamus or any other writ or direction, directing the respondents to regularize the services of the petitioner vide Annexure B in the interest of justice and equity.
(b) Direct the respondents to pay the salary in par with the salary of the regular lecturer appointed in the University Colleges of the second respondent.
(c) Direct the second respondent and third respondent not to relieve the petitioner in the end of the academic year and continue the services and pay salary fixed for the leave period.
(d) Grant consequential benefits and other benefits and facilities with weightage, continuous service and such other relief that this Hon’ble Court deems fit in the interest of justice and equity.
2. Undisputed facts are that petitioner was appointed as a Guest Faculty in the year 2012 and she has continued to discharge duties in the appointed post of Guest Faculty. In support of regularization, she relies on the decision of the Division Bench of this Court passed in W.A.Nos.5682-86/1998 and connected matters decided on 03.02.2003. The petitioner has not pointed out that the post of Guest Faculty is existing in the cadre and recruitment regulation and she was appointed in accordance with Rules of recruitment governing the post. Further, judgment cited at Annexure-G dated 03.02.2003 has no application to the petitioner in view of the Supreme Court decision in the case of State of Karnataka Vs. Umadevi reported in AIR 2006 SC 1806. Recently, this Court has considered the decision of the Division Bench in W.P. Nos.15314-15378/2009 and 41145-41158/2010 decided on 13.07.2012 and held that persons, who are appointed on temporary basis and that too in non- existing post in the cadre of recruitment have no right to claim regularization/absorption and matter is squarely covered by the decision rendered by this Court in W.P. Nos.35139-35214/2017, decided on 28.06.2019 in the case of Preethi Bhandage and others Vs. State of Karnataka and others. In the aforesaid decision, Umadevi’s Case and two decisions of Division Bench have been taken into consideration. Consequently, Annexure-G - Division Bench decision dated 03.02.2003 has no application to the present petition. Accordingly, writ petition stands dismissed.
Sd/- JUDGE MBM/-