- 1 - HC-KAR NC: 2025:KHC-D:9313-DB WA No.100162 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100162 OF 2024 (S-RES) BETWEEN: SRI. RAMANAGAODA S/O HANAMANTAGOUDA PATIL AGE. 44 YEARS, OCC. WORKING AS ASST. TEACHER (MATHEMATICS) ON TEMPORARY BASIS, SRI. KALMESHWAR VIDYA PRASARAKA SAMITHI, HIGH SCHOOL, HOLE ALUR, R/O. HOLE ALUR, TQ. RON, DIST. GADAG-582203. …APPELLANT (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GATE NO.2, 6TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, DHARWAD-580001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GADAG-582203. 4. THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, RON DIVISION, GADAG-582203. 5. SRI. KALMESHWAR VIDYA PRASARAKA SAMITHI HIGH SCHOOL, HOLE ALUR, R/O. HOLE ALUR, TQ. RON, DIST. GADAG-582203. R/BY ITS PRESIDENT. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1 TO R4; SMT. NANDINI SOMAPUR, ADVOCATE FOR R5) VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.01 10:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9313-DB WA No.100162 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO WRIT APPEAL BE ALLOWED AND IMPUGNED ORDER PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION NO.106718/2023 (S-RES) DATED 31.01.2024 BE SET ASIDE AND WP NO.106718/2023(S-RES) BE ALLOWED & ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The appellant has called in question the correctness of the order of learned Single Judge dated 31.01.2024 passed in WP No.106718/2023. 2. The appellant, who was the petitioner in the writ petition, had challenged the notification dated 6.10.2023, a copy of which is produced at Annexure-A, whereby the Commissioner, Department of School Education had notified the post of Assistant Teacher (Science) and had also recorded a finding that the said post was reserved for Scheduled Caste. 3. It is noticed that the learned Single Judged has rejected the petition merely stating that the remedy for the petitioner was before the Educational Appellate Tribunal, as the petitioner was no longer in service. However, the counsel for - 3 - HC-KAR NC: 2025:KHC-D:9313-DB WA No.100162 of 2024 the respondents submit that even if the matter is taken up on merits, no case for interference is made out. 4. Learned counsel for respondent No.5 would point out that the said post being reserved for Scheduled Caste category and the petitioner belonging to III-B category, the claim of the petitioner could not be considered as regards such post. 5. Learned Govt. Advocate for the respondents/State would submit that once the post is reserved by the Government, it ought to be filled only as regards the roster point and the question of considering the claim of the petitioner even if case is made out regarding regularization cannot be done insofar as the post at Annexure-A. 6. Insofar as the admitted fact that the post with respect to which the petitioner was seeking relief was reserved as per Annexure-A for the category of Scheduled Caste, the question of considering any relief of setting aside the reservation resorted to at Annexure-A does not arise. The roster point to which the post is reserved is a matter that cannot be tinkered with. - 4 - HC-KAR NC: 2025:KHC-D:9313-DB WA No.100162 of 2024 7. Accordingly, the appeal is rejected, while reserving liberty if the petitioner has any other mode of redressal insofar as alleged service on contract basis for a substantial period of time. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 32