- 1 - NC: 2025:KHC:7701 WP No. 7791 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 7791 OF 2023 (S-RES) BETWEEN: S.DEEPAK S/O LATE S D SRINIVAS, AGED ABOUT 46 YEARS, R/AT NO.9, 1ST MAIN, B ROAD, SANJIVINI NAGAR, MUDALAPALYA, BENGALURU – 560 072. …PETITIONER (BY SRI. SANDESH T B, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING, BENGALURU -560 001, REP. BY ITS CHIEF SECRETARY. 2. THE REGISTRAR OF CO - OPERATIVE SOCIETIES ALI ASKAR ROAD, BENGALURU -560 052. 3. KARNATAKA STATE CO - OPERATIVE HOUSING FEDERATION LTD., NO.3 S KARIYAPPA ROAD, BASAVANAGUDI, BENGALURU – 560 004, REP. BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SMT. PRATHIBHA. R.K, AGA FOR R1 AND R2; SRI. SHIVAYOGI.B, HALLU ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DTD.17.01.2023 GIVEN BY THE R3 FEDERATION Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7701 WP No. 7791 of 2023 VIDE ANNX-E. CONSIDER THE REPRESENTATION DTD.09.01.2023 GIVEN BY THE PETITIONER VIDE ANNX-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India questioning the endorsement dated 17.01.2023 at Annexure-E by which, petitioner’s request to consider his candidature for direct recruitment of Second Division Assistant is rejected on the ground that even after age relaxation, the petitioner would not fall within the maximum age prescribed. 2. Heard learned counsel Sri.Sandesh.T.B., for petitioner, Learned Additional Government Advocate Smt.R.K.Prathibha for respondent Nos.1 and 2 and learned counsel Sri.Shivayogi B. Hallur for respondent No.3. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that petitioner is working as Second Division Assistant in - 3 - NC: 2025:KHC:7701 WP No. 7791 of 2023 the third respondent since 2013 on consolidated pay. Further, he submits that the third respondent issued recruitment notification dated 27.07.2022 to fill up eight posts of Second Division Assistant and the petitioner applied for the said post. Learned counsel would submit that the age relaxation was provided to the candidates who were working in the third respondent. It is submitted that the petitioner is age barred by three months even after relaxation of age. Therefore, it is submitted that the petitioner has submitted representation for relaxation of age and to consider his case for appointment as Second Division Assistant. Therefore, learned counsel would pray for a direction to the respondents to consider his representation and permit him to participate in the selection process. 4. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that petitioner would not be entitled for the relief as sought in the writ petition. - 4 - NC: 2025:KHC:7701 WP No. 7791 of 2023 5. Notice dated 27.07.2022 invites application to fill up eight posts of Second Division Assistant. The age prescribed under the said notification reads as follows: “III. ªÀAiÉÆëÄw: ªÀAiÉÆëÄw: ªÀAiÉÆëÄw: ªÀAiÉÆëÄw: (1) Cfð ¸À°è¸À®Ä EaѸÀĪÀ C¨sÀåyðUÀ¼ÀÄ PÀ¤µÀ× 18 ªÀµÀð ªÉÄîàlÖªÀgÁVgÀ¨ÉÃPÀÄ, UÀjµÀ× 40 ªÀµÀðUÀ¼À ªÀAiÉÆëÄwAiÀÄ£ÀÄß «ÄÃjgÀ¨ÁgÀzÀÄ. (2) F ªÀĺÁªÀÄAqÀ®zÀ°è CxÀªÁ E£ÁåªÀÅzÉà gÁdå ªÀÄlÖzÀ ¸ÀºÀPÁgÀ ¸ÀA¸ÉÜUÀ¼À°è PÀ¤µÀÖ 5 ªÀµÀðUÀ¼À ¸ÉÃªÉ ¸À°è¹zÀªÀjUÉ 2½ ªÀµÀðUÀ¼À «£Á¬ÄÛAiÀÄ£ÀÄß ªÀÄvÀÄÛ 10 ªÀµÀðUÀ¼ÀÄ ªÀÄvÀÄÛ CzÀPÀÆÌ ªÉÄîàlÄÖ ¸ÉÃªÉ ¸À°è¹zÀªÀjUÉ 5 ªÀµÀðUÀ¼À «£Á¬ÄÛAiÀÄ£ÀÄß UÀjµÀÖ ªÀAiÉÆëÄwAiÀÄ°è ¤ÃqÀ¯ÁUÀĪÀÅzÀÄ.” 6. The age relaxation to the persons who are working in the third respondent as well as other Co- operative Federations on contract basis who had worked for a period of five years would be 2½ years and relaxation of 5 years to the persons who are working for more than 10 years. Even after providing such age relaxation, the petitioner would not fall within the - 5 - NC: 2025:KHC:7701 WP No. 7791 of 2023 prescribed age limit. As submitted by the learned counsel for the petitioner, the petitioner is age barred by three months even after providing relaxation of age. The age is one of the eligibility criteria and when the petitioner is not eligible in terms of the age, petitioner would not possess any right to seek employment in the third respondent- Federation. A mandamus could be issued when the petitioner establishes his legal right and correspondingly establishes failure on the part of the respondents to consider the request by performing their legal duty. In the instant case petitioner who is over aged has no right to seek consideration of his candidature for appointment as SDA. 7. In the instant case, there is no merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE NC