Writ Petition No. 17027 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO.17027 OF 2025 (S-KSAT) BETWEEN: 1. SRI. SANNAVASURA S/O RAMAPPA AGED ABOUT 30 YEARS, TALMARI, RAICHUR KARNATAKA – 584 140 2. SRI TUKARAM S/O PANDIT AGED ABOUT 30 YEARS, # 7-6-444 JANWADA ROAD NAVADGERI, BIDAR KARNATAKA - 585 401
Legal Reasoning
3. SRI. SHREEKANTH S/O SHIVAYOGI AGED ABOUT 28 YEARS NANDIKOL, HITHALSIROOR GULBARGA ALAND KARNATAKA - 585 213 4. SRI. RAJASHEKHAR S/O SHIVAMURTI RAJANAVAR AGED ABOUT 31 YEARS, PO: KARAJAGI, GULBARGA KARNATAKA – 585 217 Digitally signed by MADHUSHREE H Location: High Court of Karnataka 5. SRI. SHARANABASAVA SANGAPPA AKALAKUMPI S/O SANGAPPA - 2 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR AGED ABOUT 29 YEARS 535 MUKKUMPI KOPPAL, KARANATAKA – 583 228 6. SRI. RAJKUMAR S/O MANAPPA AGED ABOUT 31 YEARS, # 8-1-114, AMBEDKARNAGARA UDDAR ONI, SHORAPUR YADGIR, KARNATAKA - 585 224 7. SRI. DURUGAPPA S/O CHATHRAPPA AGED ABOUT 30 YEARS, NIDOGOLICAMP, SHOLAHALLIRA TIDGOL, SINDHNUR RAICHUR, KARNATAKA – 584 126 8. SRI. HANUMANTHA REDDY S/O NALLAPPA REDDY AGED ABOUT 33 YEARS KAMPLI ROAD, OPP AGASE LAXMIPUR, BELLARY KARNATAKA – 583 113 9. SRI. MANJUNATHA KURUBAR S/O BHEEMESHAPPA K AGED ABOUT 40 YEARS, # 6 A/2 BLOCK, 23RD WARD RADIO PARK POLICE QUARTERS HAGARIBOMMANAHALLI BALLARI KARNATAKA - 583 102 10. SRI. NARAYANA H S/O HANUMANTHAPPA # 141, RAJIV GANDHI NAGAR WARD, SIRUGUPPA, BELLARY KARNATAKA – 583 121 11. SRI. PRASHANTH S/O BASANAGOUDA - 3 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR AGED ABOUT 29 YEARS #6 WARD NO.1, HULKIHAL NEAR GOVT SCHOOL, MARLANAHALLI KOPPAL, KARNATAKA – 583 229 12. SRI. SIDDAGANDIKALINGAPPA S/O GAVISIDDAPPA AGED ABOUT 41 YEARS, # 106/6, KURABAR STREET NEAR KADASIDDESHAWARA TEMPLE TEKKALKOTE, BELLARY KARNATAKA – 583 122 13. SRI. SOMSHEKHAR S/O MANAPPA KATTIMANI AGED ABOUT 30 YEARS # E/3-2-32/1, NEAR GANDHI CHOWK SHORAPUR, YADGIR KARNATAKA - 585 224 14. SRI. H KARTHIK S/O SASIDHARA AGED ABOUT 32 YEARS 10 A, SBM QUARTERS, NEAR COURT LB COLONY SANDUR, BALLARI KARNATAKA – 583 119 15. SRI. MALLIKARJUN S/O HANAMANTHARAYA AGED ABOUT 30 YEARS WADGERA, SHAHPUR YADGIR, KARNATAKA – 585 355 16. SRI. GOPAL S/O BHEEMANNA HADIMANI AGED ABOUT 31 YEARS SHAHPUR, GANGANAL SHAHPUR, YADGIR KARNATAKA – 585 323 17. SRI. CHAITANYA KUMAR V S/O BABJEE - 4 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR AGED ABOUT 30 YEARS # 421 JANGAMARKALGUDI GANGAVATHI, KOPPAL KARNATAKA – 583 268 18. SRI. TIPPAYYA S/O SHANKRAPPA D AGED ABOUT 31 YEARS # 384 GANDHI NAGAR ROAD BEHIND NAGAPPA TEMPLE SINDHUR, GOREBAL RAICHUR, KARNATAKA – 584 128 19. SRI. DANDIN SUDHIR S/O SHIVAJI DANDIN AGED ABOUT 31 YEARS SUBHSH CHOWK BHALKI BIDAR, KARNATAKA – 585 328 20. SRI. MANJUNATH S/O HANUMANTAPPA HOSMANI AGED ABOUT 27 YEARS IRKALGADA, KOPPAL KARNATAKA – 583 237 21. SRI. SHIVUKANTHA S/O BHEEMANNA AGED ABOUT 33 YEARS SEEKAL, MANVI RAICHUR, KARNATAKA – 584 123 22. SRI. ARIF S/O BASHEER SAB AGED ABOUT 28 YEARS HATTI POST VIRUPAPUR, SINDHNUR, RAICHUR KARNATAKA – 584 128 23. SRI. NAGARAJA G S/O MULDEPPA G - 5 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR AGED ABOUT 40 YEARS # TS 1212 WARD NO.05 HONNALLI ROAD, GUGGARAHATTI HAGARIBOMMANAHALLI, BELLARY KARNATAKA – 583 102 24. SRI. SHARANBASAPPA S/O NAGASHETTY BALOORE AGED ABOUT 30 YEARS GADGI, BASAWESHWAR CIRCLE BIDAR, KARNATAKA – 585 402 25. SRI. PARASHURAM S/O DEVENDRAPPA VALMIKI AGED ABOUT 28 YEARS KOLURU, KOPPAL KARNATAKA – 583 238 26. SRI. BABURAYA S/O MALLAPPA AGED ABOUT 34 YEARS PO: KOLKUR, JEEVARGI GULBARGA, KARNATAKA – 583 210 27. SRI. TEJOVIKAS C S/O SRINIVASULU C AGED ABOUT 28 YEARS H NO C-84/70(2), BADANAHATTI ROAD VIDHYA VASANTHI SCHOOL, KURUGODU HAGARIBOMMANAHALLI, BELLARY KARNATAKA – 583 116 28. SMT. NAGAMMA W/O NARASAPPA AGED ABOUT 36 YEARS H NO 2/32 TQ SEDAM PO JAKANAPALLI, GUNDAHALLI GULBARGA, KARNATAKA – 585 318 - 6 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR 29. SMT. ASHWINI D/O SHIVARAJ AGED ABOUT 29 YEARS GHOGA RAJESHWAR BIDAR, KARNATAKA-585331 30. SRI. RAMESHA S/O KUMARAPPA AGED ABOUT 36 YEARS 335, 7TH MILE CROSS, HUNSHIHALHUDA, RAICHUR KARNATAKA-584136 31. SRI. VIRUPAKSHAPPA S/O SHIVAREDDEPPAMALDIHAL AGED ABOUT 31 YEARS WARD 3 BUDDABASAVA AMBEDKARNAGAR SINDANOOR, BALAGANUR RAICHUR, KARNATAKA – 584 138 32. SRI. SIDDAPPA S/O SAKRAPPAVIRAPUR AGED ABOUT 36 YEARS HIREANADIHAL, KUSHTAGI KOPPAL, KARNATAKA – 583 277. (BY SRI. K.N.PHANINDRA, SENIOR COUNSEL FOR SRI. NATESAN M, ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS, VIDHANA SOUDHA BENGALURU – 560 001. 2. THE DIRECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEADQUARTERS, CARLTON HOUSE, PALACE ROAD, BANGALORE – 560 001. - 7 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE RECRUITMENT, SUB-INSPECTOR (CIVIL) SELECTION COMMITTEE, CARLSTON HOUSE, PALACE ROAD, BANGALORE – 560 001. 4. THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, GOVT OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560 001. (BY SRI. REUBEN JACOB, AAG A/W SMT. SARITHA KULKARNI, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTERIM ORDER DATED 29.05.2025 PASSED IN APPLICATION Nos.2348-2378/2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE PRODUCED AS ANNEXURE-A IN SO FAR AS IT DECLINES TO GRANT INTERIM RELIEF RESTRAINING THE RESPONDENTS FROM FILING UP THE 40 VACANT POSTS UNDER THE LOCAL CADRE (HYDERABAD- KARNATAKA / KALYANA KARNATAKA REGION) AS REFLECTED IN ANNEXURE-A13; b) QUASH THE ACTION OF THE RESPONDENTS IN SELECTING AND ALLOCATING THE PETITIONERS UNDER THE RESIDUAL PARENT CADRE IN THE LIST BEARING No.98/RECT- PROVISIONAL SELECTION 3RD ISSUED 12/2020-2021 DATED RESPONDENT AT (ANNEXURE-A13) DESPITE THEIR EXPRESS OPTION AND ELIGIBILITY UNDER THE LOCAL CADRE IN ACCORDANCE WITH THE RECRUITMENT NOTIFICATION AND APPLICABLE CIRCULARS; c) DIRECT THE RESPONDENTS TO CONSIDER THE CANDIDATURE OF THE PETITIONERS UNDER THE LOCAL CADRE, BASED ON THE CADRE OPTION EXERCISED AND THEIR MERIT POSITION, AND CONSEQUENTLY REVISE THE PROVISIONAL SELECTION LIST BEARING No.98/RECT- 12/2020-2021 DATED 21.10.2024 ISSUED BY THE 3RD RESPONDENT AT (ANNEXURE-A13) BY REALLOCATING THE PETITIONERS UNDER THE LOCAL CADRE; d) ISSUE SUCH WRIT 21.10.2024 BY - 8 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR OR ORDER OR DIRECTION OR OTHER RELIEF(S) THAT THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TO SECURE THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri.K.N.Phanindra, learned senior counsel for Sri.Natesan M., learned counsel for the petitioners and Sri.Reuben Jacob, learned Additional Advocate General, along with Smt.Saritha Kulkarni, learned AGA for the respondents and perused the entire writ petition papers. 2. The petitioners are before this Court under Articles 226 of the Constitution of India questioning the order dated 29.05.2025 passed in Applications No.2348- 2378/2025 by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) rejecting the interim prayer of the petitioners, wherein, the writ - 9 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR petitioners had prayed for a direction to the respondents to maintain status quo in respect of 40 posts under the Local Cadre (Hyderabad-Karnataka region) category as reflected in (Annexure-A13) under provisional select list dated 21.10.2024 bearing No.98/RECT-12/2020-2021 in respect of Sub-Inspector of Police (Civil). 3. It is noticed that the petitioners, who had opted for Hyderabad - Karnataka Region are selected and appointed as Sub-Inspector of Police under Residual cadre under appointment order dated 05.01.2025. It is the grievance of the petitioners that the lesser meritorious candidates, who opted for Hyderabad-Karnataka region are being appointed as Sub-Inspector of Police to fill up the remaining 40 vacant posts. 4. It is the submission of the learned senior counsel for the petitioners that if posts in the Hyderabad - Karnataka Region are filled up, the petitioners would not - 10 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR get an opportunity to get appointment in Hyderabad - Karnataka Region. 5. On the other hand, learned AAG would submit that since the petitioners are appointed as Sub-Inspector of Police and are under training, they cannot prevent filling up of vacant posts. Further, he submits that if the petitioners succeed in the application before the Tribunal, they would be entitled for appointment in the Hyderabad - Karnataka Region. 6. Having heard the learned counsels for the parties and on perusal of the entire writ petition, we are of the opinion that, it is not a fit case to interfere with the interim order passed by the Tribunal. As stated, supra the petitioners are appointed as Sub-Inspector of Police under appointment order dated 05.01.2025 in pursuance to the very same recruitment notification dated 21.01.2021. The respondents are proceeding to fill up the 40 vacant posts of Hyderabad - Karnataka region. It is the contention of - 11 - NC: 2025:KHC:22819-DB WP No. 17027 of 2025 HC-KAR the petitioners that the petitioners, who are more meritorious and opted for Hyderabad - Karnataka region ignoring their option, the petitioners are selected and appointed under Residual cadre. If the petitioners succeed before the Tribunal, the position could be altered and the petitioners would be entitled for the post in Hyderabad - Karnataka region. Therefore, at this stage, the Tribunal is justified in rejecting the interim prayer of the petitioners. No ground is made out to interfere with the interim order.
Decision
Accordingly, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 27