- 1 - HC-KAR NC: 2025:KHC-D:10897 WP No. 103210 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 103210 OF 2014 (S-RES) BETWEEN: SAYEDA RUQUEYABANU BELLARI, AGE: 25 YEARS, OCC: NIL, R/O. MAMVI, BETAGERI, GADAG, DIST: GADAG. …PETITIONER (BY SRI. D.J.NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, PRIMARY AND HIGH SCHOOL AND EDUCATION DEPARTMENT, VIDHAN SOUDHA, BANGALORE. 2. THE SPECIAL OFFICER OF CENTRAL APPOINTMENT CELL, OPPOSITE KAVERI BHAVAN, BANGALORE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:21:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10897 WP No. 103210 of 2014 3. THE DIRECTOR, (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER OF PUBLIC EDUCATION DEPARTMENT NRAPATUNGA ROAD, BANGALORE-01. 4. THE DEPUTY DIRECTOR (ADM) SELECTION AUTHORITY, GADAG. 5. MOULASAB ABDULSAB NADAF, AGE: 29 YEARS, OCC: TEACHER, R/O. HARLAPUR, KUNDAGOL, DIST: DHARWAD. 6. RAFIYA TAMBAK, AGE: 26 YEARS, OCC: TEACHER, R/O. LOWER PRIMARY URDU SCHOOL, TQ: HIRHATTI, BELHATTI, DIST: GADAG. …RESPONDENTS (BY SRI. ASHOK KATTIMANI, AGA FOR R1 TO R4) (NOTICE TO R5 AND R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED NIL BEARING NO.PRA.SHI.NEMAKA-1/2009-10 - 3 - HC-KAR NC: 2025:KHC-D:10897 WP No. 103210 of 2014 PASSED BY THE R-4 DEPUTY DIRECTOR (ADM.) GADAG, VIDE ANNEXURE-A IN THE WRIT PETITION AS IT IS ILLEGAL AND UN CONSTITUTIONAL; ISSUE WRIT OF MANDAMUS DIRECTING THE R-4 TO APPOINT THE PETITIONER FOR THE VACANT POST OF URDU GENERAL AND DELETING THE NAME OF R-5 AND R-6 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, the petitioner seeks the following reliefs: “a. Quash the order dated – Nil – bearing No.PRA.SHI.NEMAKA-1/2009-10 passed by the R-4 Deputy Director (Adm.) Gadag, vide Anneuxre-A in the writ petition as it is illegal and unconstitutional. b. Issue writ of mandamus directing the R-4 to appoint the petitioner for the vacant post of Urdu General and deleting the name of R-5 & R-6. c. Issue Writ of Mandamus and pass such other order as this Hon’ble court deems fit under the facts and circumstances of the case to meet the ends of justice and equity.” - 4 - HC-KAR NC: 2025:KHC-D:10897 WP No. 103210 of 2014 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondents No.1 to 4. 3. A perusal of the material on record will indicate that pursuant to the Notification dated 04.06.2009 issued by respondents No.1 to 4 for the post of Primary School Teacher in Gadag District, a provisional list dated 30.11.2009 which contained the name of the petitioner. It is the grievance of the petitioner that, despite showing her name in the provisional list, her name has been dropped/deleted from the final list and in her place, respondents No.5 & 6 have been selected to the said post of Primary School Teacher aggrieved by which, the petitioner is before this Court by way of the present petition. 4. Upon consideration of the rival contention and on perusal of the material on record, it is relevant to state that mere inclusion of the name of the petitioner in the provisional list will not confer or create any vested right in favour of the petitioner to complain that her name was not included in the final list which contains the names of respondents No.5 and 6 especially when the petitioner has not been able to point out any - 5 - HC-KAR NC: 2025:KHC-D:10897 WP No. 103210 of 2014 other illegality or infirmity in the impugned final list warranting interference by this Court in the present petition especially having regard to long lapse of time of more than 11 years during the pendency of the present petition in which there is no interim order. Under these circumstances, I do not find any merit in the writ petition and is accordingly disposed off without interfering with the impugned final list (Annexure-A to the writ petition). Sd/- (S.R. KRISHNA KUMAR) JUDGE KMS, Ct:vh List No.: 1 Sl No.: 15