1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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.7926/2022 (S-KSAT) BETWEEN: DR. LAKSHMIPATHY G., AGE 46 YEARS S/O LATE G GOPALAPPA NO.113, BEHIND GOVERNMENT SCHOOL HANNUR, KALYANANAGARA POST BENGALURU-560 043. ... PETITIONER (BY SRI. K DIWAKAR SR. COUNSEL FOR SRI AGASTHYA T.S., ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, KANNADA CULTURE AND INFORMATION DEPARTMENT VIKASA SOUDHA BENGALURU- 560001. 2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DPAR DEPARTMENT (SERVICES-1) 2 VIKASA SOUDHA BENGALURU-560001. 3. THE STATE OF KARNATAKA BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M. S. BUILDING BENGALURU- 560001. 4. THE DEAN (CAVA) JAYACHAMARAJENDRA GOVERNMENT VISUAL COLLEGE, CTI BUILDING SAYYAJIRAO ROAD MYSURU-570001. …RESPONDENTS (BY SRI B RAVINDRANATH, AGA FOR R1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 27.02.2022 PASSED IN APPLICATION NO.171/2022 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, PRODUCED AT ANNEXURE- A AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 06.06.2025 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF 3 CAV ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) The petitioner, aggrieved by the order dated 27.02.2022 in Application No.171 of 2022 passed by the Karnataka State Administrative Tribunal, Bangalore (for short “Tribunal”) is before this Court, under Article 226 of the Constitution of India, whereunder, petitioner’s application seeking mandamus to fill up backlog post of Lecturer in Sculpture in the 4th respondent-Institution, is rejected. 2. The brief facts of the case are that: The petitioner, who claims that he is qualified and eligible for appointment to the post of Lecturer in Sculpture sought for a direction to fill up backlog post of Lecturer in Sculpture in 4th respondent-Institute in Application No.3067/2014, as he belonged to the Scheduled Caste category. It is stated that on the assurance given by respondent No.1, the petitioner is 4 said to have withdrawn the said application. However, the respondents cancelled the recruitment notification and as they failed to take positive steps to fill up the backlog post of Lecturer in Sculpture in the 4th respondent-Institute, he was constrained to file Application No.171/2022. The Tribunal, observing that the petitioner has no right to seek filling up of posts and that the Tribunal has no power to interfere with the exclusive discretionary jurisdiction of the State Government, rejected petitioner’s application. Aggrieved by the same, the petitioner is before this Court. 3. On issuing notice, the State Government has filed its objection, wherein it is stated that the Advisory Committee in its meeting held on 07.12.2021 decided to fill up backlog posts in the 4th respondent- Institution through Karnataka Public Service Commission (for short “KPSC”) and proposal has been 5 submitted to the KPSC to fill up backlog post. Further, it is also submitted that steps were taken to amend the Cadre and Recruitment Rules to amend qualification prescribed for the posts of Lecturers and Readers. Accordingly, affidavit of the Secretary to Government, Department of Kannada, Culture and Information dated 05.06.2025 indicates that on 19.03.2025, C & R Rules in respect of Jayachamarajendra Government Visual College, Mysuru i.e., 4th respondent herein, is finalized and published in the Official Gazette. Further, the said affidavit also indicates that the Circular dated 11.04.2025 issued by DPAR directs all the Recruiting Authorities not to issue fresh recruitment notification for direct recruitment or for recruitment to backlog posts. Further, it would also state to cancel the notification for recruitment, if any, issued in that regard. 6 4. A co-ordinate Bench of this Court in W.A.No.797/2023 (MR.M.MANJU PRASAD v/s STATE OF KARNATAK AND OTHERS) disposed of on 21.09.2023, wherein the appellant had sought for a direction to fill up the backlog vacancies, at paragraph (4c) observed as follows: ”(4c) Learned counsel for the appellant is more than justified in submitting that the backlog vacancies being earmarked for the downtrodden communities, cannot be left unfilled in eternity. The continuation of vacancies would virtually amount to denial to these communities a preferential treatment as constitutionally ordained. That would eventually deprive community representation in the public employment and therefore cannot be countenanced. As already mentioned above, there is a letter of the 2nd respondent dated 09.05.2022 addressed to the respondent-College; there 7 is a direction issued by a learned Single Judge of this Court in W.P.No.100505/2022 between APPANNA TALAWAR v/s STATE OF KARNATAKA disposed off on 06.07.2022 for filling up the backlog vacancies; the Cabinet Sub-Committee in its meeting held on 21.01.2022 had also instructed the same. This apart, the Government vide letter dated 06.07.2022 directed all its Departments to fill up backlog vacancies in terms of the above Recommendation of the Cabinet Sub-Committee.” 5. In the light of the above, the petitioner would be entitled for a writ of mandamus to fill up backlog posts of Lecturer in Sculpture in the 4th respondent- Institute. 6. Hence, the following order: (i) The writ petition is allowed. 8 (ii) The order dated 27.01.2022 in Application No.171/2022 passed by the Karnataka State Administrative Tribunal at Bengaluru is set aside. (iii) Consequently, a direction is issued to respondents No.1, 2 and 4 to fill up the backlog post of Lecturer in Sculpture in respondent No.4-Institute by notifying and by following the procedure for selection, either through KPSC or any other Agency, as soon as the Government lifts the ban on Direct Recruitment. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT: bms