Karnataka High Court Directs Mandya University To Continue Guest Lecturers For Another Academic Year Until Recruitment Of Full-Time Lecturers

A Division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj while allowing an intra-court appeal filed by Dr S Srinivasa and others challenging the order of the single judge bench dated December 21, 2021, said, "The Guest Lecturers now working shall be entitled to the benefit of the Notification dated 7.10.2021 for extension of service by one more academic year until the recruitment of lecturers is completed."

The guest lectures had approached the court seeking directions to the respondents to continue them in their services as Guest Lecturers for the academic year 2021-22 in terms of the communications dated 07.10.2021 and 22.10.2021 issued by the State of Karnataka, Department of Higher Education (Universities).

The single judge bench of the court dismissed the petition on the ground that in the earlier round of litigation in Writ Petition No.893/2021, another Single Judge, vide order dated 18.02.2021, though had allowed the writ petition and quashed the communication dated 17.06.2020 terminating the services of the appellants had only held that the appellants would be entitled to continue as Guest Lecturers in the University upto completion of the academic year 2020-21 i.e., upto 30.09.2021, in terms of the earlier communication made by the State Government to all the Universities dated 23.11.2020.

The bench was of the view that the extension of continuation of services of the appellants was only restricted to one year period as per the order dated 18.02.2021 passed in Writ Petition No.893/2021.

It was informed to the court that during the COVID-19 period, as respondent No.1 – University as also several other Universities across the State of Karnataka were not in a position to recruit Lecturers to the Universities, as such on two occasions for the year 2020, vide communication dated 23.11.2020 and for the year 2021, vide communication dated 07.10.2021, the period of services of the Guest Lecturers was extended by one academic year.

The court took into account the submission made by the University that it has issued a notification inviting applications for the purpose of appointment of Lecturers and as such there was no requirement of Guest lecturers, since permanent lecturers would be appointed.

It then said. "The petitioners/appellants and other similarly situated Guest Lecturers would be entitled to participate in the said recruitment process. However, the petitioners/appellants shall not be entitled to claim any particular equity on account of they having worked as Guest Lecturers. The continuation of service for this academic year and/or the benefit of the Notification dated 7.10.2021 would only be available if no one else is appointed or joined as Guest Lecturers by respondent No.1-University as on today."

It added, "The benefit shall only extend until the date of the successful candidates in the recruitment process joining their post at the University."

Case Title: Dr S Srinivasa v. Mandya University

Case No: WA 105/2022

Citation: 2022 LiveLaw (Kar) 62

Date of Order: February 25, 2022

Appearance: Senior Advocate Professor Ravivarma Kumar a/w Advocate G Sharada Bai for petitioner; Advocate H C Shivaramu for R2; AGA S Rajashekhar for R3