Appoint Guest Lecturers In Govt Colleges Only If They Meet Minimum Educational Qualification Prescribed By UGC: Karnataka HC To State

A single judge bench of Justice B M Shyam Prasad made the observation while disposing of a batch of petitions filed by guest lecturers questioning the government order dated 14.01.2022, insofar as it stipulates that even a candidate who does not possess minimum educational qualification as prescribed by UGC, could be appointed provided such qualification is acquired within three years and if the minimum qualification is not acquired within those three years and after three years, the appointment of such applicants would be completely restricted.

The bench conceded to the submission of the UGC counsel who relied upon Regulation No. 13 of the UGC Regulations on Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 and said that this Regulation is categorical that even for appointment of Guest Lecturers, the minimum educational qualification prescribed by the UGC must be insisted upon.

Following which the bench said “The Government must consider continuing Clause-6 of the impugned Government Order dated 14.01.2022 for the academic years hereafter in the light of Regulation No.13 of the UGC Regulations.”

The court while refusing relief also cited that Guest Lecturers have been appointed across the State extending the benefit of Clause-6 of the Government Order dated 14.01.2022, in none of the petitions, those persons have been arrayed as respondents. It said “This sharply undermines the very maintainability of the writ petition, and no relief could be granted in the absence of these details and persons who could be affected.”

The petitioners had also questioned the circular dated 17.01.2022 by which weightage was permitted for past services as a Guest Lecturer.

The bench refusing relief said “The weightage is accorded to recognize experience as Guest Lecturers, and it is subject to the weightage being granted for a maximum period of 16 years at the rate of 3 [three] marks for every academic year. This weightage facilitates the settled proposition that one set of temporary employees must not be substituted by another set of employees.”

It added “The method of according weightage to the past service as contemplated in the impugned stipulation in the Circular dated 17.01.2022, ensures that salient rule as aforesaid has its play.”

Following which it held “Therefore, this Court is of the view that the method of granting weightage is reasonable, especially because it is subject to a maximum period of 16 years at the rate of 3 [three] marks for every academic year and is applicable across the State.”

Case Title: Ranjith Naik K V & Others And State of Karnataka & Others

Case No: WRIT PETITION NO.3079/2022 C/W WP NOS. 2240/2022, 3076/2022, 4470/2022, 4472/2022, 5345/2022, 5375/2022, 5447/2022, 5448/2022, 5832/2022, 8614/2022, 9460/2022, 9473/2022 9580/2022, 9682/2022, 10425/2022, 10432/2022, 10742/2022, 10818/2022, 10853/2022, 11194/2022, 11209/2022, 11720/2022, 11726/2022, 11880/2022, 11919/2022, 11945/2022, 12267/2022, 12293/2022, 12863/2022, 12884/2022, 13473/2022,13828/2022, 13984/2022, 14036/2022, 14051/2022, 14373/2022, 14576/2022, 15141/2022, 15540/2022, 15570/2022, 15591/2022, 15940/2022, 15966/2022 (S-RES)

Citation: 2023 LiveLaw (Kar) 35

Date of Order: 11-01-2023

Appearance: Advocate K Ravishankar for petitioners.

Government Advocate T.P.Srinivasa for respondents.

Advocate C. Shashikanth for UGC.