- 1 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 33367 OF 2025 (S-KSAT) BETWEEN: KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA PARK HOUSE ROAD, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. &PETITIONER (BY SRI. K.M. PRAKASH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY OF GOVERNMENT DEPARTMENT OF MINORITIES WELFARE VIKASA SOUDHA BANGALORE-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 2. SHRI ANIL P U S/O YUVARAJA GOWDA AGED ABOUT 41 YEARS WORKING AS HEAD MASTER MOULANA AZAD MODEL SCHOOL BHADRAVATHI SHIMOGA DISTRICT-577301. 3. SHRI BALAKRISHNA N K S/O LATE KALE GOWDA AGED ABOUT 41 YEARS WORKING AS HEAD MASTER MOULANA AZAD MODEL SCHOOL BLACK PALLI, SHIVAJINAGAR BENGALURU-560051. 4. SHRI DODDAPPA VALMIKI S/O DYAVANNA AGED ABOUT 37 YEARS WORKING AS HEAD MASTER MOULANA AZAD MODEL SCHOOL GADAG, GADAG DISTRICT-582103. 5. MISS VIDYASHRI BHADRASHETTI D/O B S BHARASHETTY AGED ABOUT 35 YEARS WORKING AS HEAD MISTRESS MOULANA AZAD MODEL SCHOOL GOKAK BELGAVI DISTRICT-591307. 6. SMT SHILPA K D/O ESHWARAPPA AGED ABOUT 39 YEARS WORKING AS HEAD MISTRESS MOULANA AZAD MODEL SCHOOL YELBURGA KOPPAL DISTRICT-581359. - 3 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 7. SHRI NAGENDRA V B S/O BALAKRISHNA V B AGED ABOUT 39 YEARS R/A NO. 256, 4TH BLOCK TELAGU STREET, VIRAJPET COORG DISTRICT-571218. 8. SHRI MAHADEVAPPA G SANGAPPANAVAR AGED ABOUT 48 YEARS R/AT NO. 148, PLOT AREA AT POST MORAB, NAVALGUND DHARWAR DISTRICT-580112. 9. SHR PRASANNA KUMAR T R S/O RAMA NAIKA AGED ABOUT 37 YEARS R/AT TIPPUR VILLAGE AND POST K R NAGAR TALUK MYSURU DISTRICT-571602. 10. SHRI YATISH H S/O HONNAPPA AGED ABOUT 38 YEARS R/AT ADANUR POST HOLALKERE TALUK CHITRADURGA DISTRICT-577526. 11. SMT DEEPA HOOGAR W/O SANTHOSH M AGED ABOUT 34 YEARS R/AT ADITHYA NAGAR MULAGUND ROAD, NEAR ANJUMAN ITI COLLEGE KALASAPUR, GADAG TALUK GADAG DISTRICT-582103. - 4 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 12. SHRI MAHABALESHWARA M S/O SHRI MALLIKARJUNAPPA G AGED ABOUT 39 YEARS R/AT UJJARAHALLI VILLAGE AND POST KOODLAGI TALUK BELLARY DISTRICT-573218. &RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA FOR R1; SRI. PUTTARAJU N., ADVOCATE FOR C/R2, R3 AND R6; SRI. VISHWANATH BHAT., ADVOCATE FOR SRI. M. NAGARAJAN., ADVOCATE FOR C/R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 01.04.2023 IN APPLICATION No. 2082-86/2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 5 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The second to sixth respondents were selected pursuant to the Notification dated 19.11.2018 [Annexure-A2] issued for filling up the vacant posts of Headmasters/Headmistresses in Moulana Azad Model Schools, and they were issued with appointment orders in August 2021 after the petitioner published Final Selection List on 02.03.2021. A certain set of participants have called in question such list which has resulted in the revision of the Final List dated 25.07.2025. 2. These private respondents have approached the Karnataka State Administrative Tribunal [for short, 'the Tribunal'] in Application Nos.2082 to 2086 of 2022 because, as a consequence of the revised Final List published on 25.05.2022 they stand excluded. The Tribunal, by the impugned - 6 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 order dated 01.04.2023, has allowed the applications with directions which read as under: <(ii) The 2nd respondent is directed to revise the select list dated 25.05.2022 at Annexure-A11 & A12 by excluding the double entry in respect of persons whose names are entered in both the lists i.e., serial numbers referred to above. Action to be taken to remove the names of persons who have not reported for duty as indicated above and the persons who have left service and incorporate the names of the applicants who were already selected and discharging their duties and continue their services and continue the services of the applicants. iii) The 1st respondent can issue appointment order to the said newly selected candidates against the posts remaining unfilled/vacant." 3. Sri K.M. Prakash, the learned counsel for the petitioner, had stated on the previous occasion that the second, third and sixth respondents have been accommodated in terms of the revised list dated 25.07.2025, which is published in compliance with - 7 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 the Tribunal's directions as aforesaid, and insofar as the fourth and fifth respondents, the learned counsel had pleaded certain difficulties to justify a cause for the present petition. However, Sri. Vishwanath Bhat, the learned counsel for the fourth and fifth respondents, had canvassed that notwithstanding all the grounds urged even these respondents could be accommodated if double entries in the revised list dated 25.07.2025 are excluded. 4. As such, this Court had reserved liberty to Mr. Vishwanath Bhat to share the details of the asserted double entries with Sri. K.M. Prakash reserving liberty to the petitioner to respond to the same. In terms of this liberty, the Secretary with the petitioner has sworn to an affidavit, which in its material part reads as under: "xxxx I submit that after verification of the records and also the representation given by one Smt. Shilpa K. on 02-09-2025 stating that she is willing to continue in HK cadre, and she - 8 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 has refused the RPC cadre post, hence, in the vacant post left out by Smt. Shilpa K., Smt. V Idhyashree Bhadrashetty can be accommodated as she has claimed RPC cadre. I submit that as far as Sri Doddappa Valmiki is concerned as per the Rules, if one Sri Neelappa is dropped from the additional select list of RPC Cadre, and the name of Sri Shivakumar B.K. is considered against GM/Rural reservation, for 2A reservation post, another candidate will be qualified in the place of said Sri Shivakumar B.K., who was selected under 2A, in the additional selection list, as such there is no chance of accommodating Sri Doddappa Valmiki because of his inadequate merit." 5. Sri K. M. Prakash submits that with this affidavit the writ petition could be disposed of directing the petitioner to issue formal orders insofar as the fifth respondent to be accommodated as against the post that becomes available with the selected candidate [Ms. Shilpa K.] refusing the post under the RPC. As regards the fourth respondent, the learned counsel, relying on para 5 of the affidavit, - 9 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 submits that this respondent cannot be accommodated and any accommodation as against the posts notified would jettison the reservation and the selection based on that. 6. Sri Vishwanath Bhat submits that this Court must consider passing just orders directing the first respondent [the State of Karnataka] to accommodate the fourth respondent as against a supernumerary post that should be created because the fourth respondent9s selection vide the list dated 02.03.2021 [and his appointment in the month of August 2021] is imperiled not because of his fault, and his appointment is imperiled only on the question of equivalence in eligibility that is addressed by an Expert Committee and the acceptance thereof by this Court in the earlier round of litigation in W.P.No.4242/2021 [S-KSAT] and connected matters. The learned Counsel argues that the fourth - 10 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 respondent has continued in employment for over five years. 7. Sri. Vikas Rojipura, the learned Additional Government Advocate, is heard in the light of this canvas. The learned Additional Government Advocate has produced a copy of the judgment of the Apex Court in Narender Singh v the State of Haryana [reported in (2022) 3 SCC 286]. The Apex Court, because it opined that the petitioner in the case on hand was excluded from the selection, though meritorious, because of the delay in his employer in issuing No-objection Certificate and that another was appointed with such person continuing in employment for over 4 years, has directed the authority to accommodate such petitioner without disturbing the selected candidate. In the present case neither the petitioner nor the State can dispute that the fourth respondent stands excluded from the opportunity of being employed [despite being in - 11 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 employment over five years] because of certain turn of events and not because of his fault. As such, this Court opines that there must be a direction to the first respondent to issue orders for continuance of the fourth respondent as against a supernumerary post. Hence, the petition stands disposed of by the following: ORDER [A] The first respondent [the State Government] is called upon to issue orders accommodating the fifth respondent as against the post in RPC cadre that has fallen vacant because Ms. Shilpa K has expressed her willingness to continue in the HK. [B] The State Government is directed to issue orders on creation of supernumerary post for continuance of the fourth respondent unless otherwise justifiable in law, and the - 12 - HC-KAR NC: 2025:KHC:50069-DB WP No. 33367 of 2025 State Government is called upon to issue orders in these regards without disturbing the service of the fourth respondent within eight [8] weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE SA ct:sr