- 1 - NC: 2025:KHC:4497 WP No. 2585 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2585 OF 2024 (S-R) BETWEEN: DR. M. KRISHNA MURTHY S/O. SHRI. MUNIYAPPA, AGED ABOUT 57 YEARS, R/AT FLAT NO. 2024 PRESTIGE MSR HEIGHTS 2ND BLOCK, 2ND FLOOR, MSR ENGINEERING COLLEGE ROAD, MATHIKERE BENGALURU-560 054. …PETITIONER (BY SMT. VAISHALI HEGDE, ADVOCATE) AND: 1. INDIAN INSTITUTE OF SCIENCE, C.V. RAMAN ROAD, BENGALURU-560 012, REPRESENTED BY ITS REGISTRAR. 2. THE DIRECTOR / REGISTRAR INDIAN INSTITUTE OF SCIENCE, C.V. RAMAN ROAD, BENGALURU-560 012 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4497 WP No. 2585 of 2024 3. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF EDUCATION, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF INDIA, EA BUREAU, SHASTRI BHAVAN, NEW DELHI-110 001 …RESPONDENTS (BY SRI. PRADEEP S. SAWKAR, ADV. FOR C/R1 AND R2; SRI. H. MALLAN GOUD, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RECRUITMENT NOTIFICATION DATED 10/01/2024 BEARING NO.R(HR) 308-2024 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A IN SO FAR AS PRESCRIBING AN UPPER AGE LIMIT OF 55 YEARS TO THE APPLICANTS AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:4497 WP No. 2585 of 2024 ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India, with a prayer to quash Notification dated 10.01.2024 (Annexure-A) issued by respondent No.1-Indian Institute of Science (for short 'IISC') for recruitment of Financial Controller and also sought for a mandamus directing respondent No.1 to permit the petitioner to apply for the post of Financial Controller without enforcing the age restriction, in the interest of justice and equity. Subsequent to filing of the writ petition, by way of amendment, which was allowed on 01.03.2024, the petitioner has also sought for quashing the New Cadre and Recruitment Rules for the Non-Teaching Staff- 2013 (Annexure-R) of respondent No.1 insofar as the cadre of Financial Controller is concerned. 2. Heard learned counsel Smt.Vaishali Hegde for the petitioner and learned counsel Sri. Pradeep.S.Sawkar for respondent Nos.1 and 2 as well as Sri. H.Mallan Goud, learned counsel for respondent No.3. Perused the entire writ petition papers. 3. Learned counsel Sri. Pradeep.S.Sawkar, at the out set, submits that the writ petition as on this date would not - 4 - NC: 2025:KHC:4497 WP No. 2585 of 2024 survive for consideration and examination of validity of Cadre and Recruitment Rules insofar as recruitment to the Financial Controller post would be of academic in nature since respondent No.1 has concluded the recruitment in pursuance to Annexure-A dated 10.01.2024 as respondent No.1 could not find suitable candidate for the post of Financial Controller. Further, he submits that fresh Notification in terms of Advertisement bearing No.R(HR)/308-2024/5 dated 07.12.2024 (Annexure-U) is issued which is not under challenge. Thus, learned counsel would pray for dismissal of the writ petition. 4. On the other hand, learned counsel Smt. Vaishali Hegde for the petitioner would submit that the petition would survive for consideration since the petitioner has questioned Cadre and Recruitment Rules insofar as appointment of Financial Controller post is concerned, wherein the petitioner has questioned the prescription of age limit of 55 years for the post of Financial Controller. It is the contention of the learned counsel for the petitioner that respondent No.1-IISC has adopted the age relaxation of the Central Government to all other similar posts but the age relaxation of the Central - 5 - NC: 2025:KHC:4497 WP No. 2585 of 2024 Government is not adopted insofar as Financial Controller post is concerned. 5. Admittedly, the recruitment process in pursuance to Annexure-A, Notification dated 10.01.2024 insofar as recruitment to the post of Financial Controller is concluded, as no suitable candidate was found by respondent No.1-IISC. It is also an admitted fact that respondent No.1 has issued fresh Advertisement bearing No.R(HR)/308-2024/5 dated 07.12.2024 (Annexure-U) calling applications from suitable candidates to fill up the post of Financial Controller. 6. In view of the above subsequent development, the prayer of the petitioner insofar as quashing recruitment Notification dated 10.01.2024 (Annexure-A) would no more survive for consideration. When the petitioner is not eligible to apply for the post of Financial Controller in terms of Cadre and Recruitment Rules, which prescribes the age limit of 55 years, the petitioner would not be entitled for second prayer seeking mandamus to permit the petitioner to apply for the post of Financial Controller, since the petitioner is aged 57 years. - 6 - NC: 2025:KHC:4497 WP No. 2585 of 2024 7. Examining the validity of prescription of age of 55 years for the post of Financial Controller in the present writ petition would be of academic in nature. Ultimately the petitioner would not get any relief since respondent No.1-IISC has issued fresh Recruitment Notification. In that view, the writ petition stands disposed of as having no more survive for consideration. It is open for the petitioner to challenge the fresh Recruitment Notification. All contentions of the parties on merit are left open. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 23