- 1 - HC-KAR NC: 2025:KHC-D:10962 WP No. 102390 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102390 OF 2025 (S-RES) BETWEEN: RAJASAB S/O. HAMADSAB BEEDI, AGE: 48 YEARS, OCC: DISABILITY REFORMS WORKER, R/O: AT. POST. KANAKAGIRI, TQ: KANAKAGIRI, DIST: KOPPAL - 583 231. …PETITIONER (BY SRI. HANAMAGOUDA NIDAGUNDI & SRI. G.D. PATIL., ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOMENT AND PANCHAYAT RAJ, VIKAS SOUDHA, BANGALORE – 560 001. 2. THE DEPUTY COMMISSIONER, KOPPAL, 3. THE EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZEN, KOPPAL – 583 231. 4. THE CHIEF EXECUTIVE OFFICERS, TOWN PANCHAYAT OFFICE, KANAKAGIRI, TQ: KANAKAGIRI, DIST: KOPPAL – 581 196. …RESPONDENTS (BY SRI. P.N. HATTI., HCGP FOR R1 & R2; R3 & R4-SERVED) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10962 WP No. 102390 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 4 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-G DATED. 27- 9-2024 AND INSERT PETITIONER NAME IN HANDICAPPED QUOTA WHICH STILL VACATE IN THE FINAL SELECTION LIST VIDE ANNEXURE-F BEARING NO. KAM.SAM.74963/K.O.P.D.C.-11/6/2022 ISSUED BY RESPONDENT NO. 2 DATED. 06-12-2023 OF THE SANITARY WORKER (POURAKARAMIKA ) OF THE TOWN PANCHAYATHI KANAKAGIRI IN KOPPAL DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of mandamus directing the respondent No.1 to 4 to consider the representation vide Annexure-G dated 27.9.2024 and insert petitioner name in handicapped quota which still vacate in the Final Selection list vide Annexure-F bearing No. KAM.SAM.74963/ K.O.P.D.C.-11/6/2022 dated 06.12.2023 of the sanitary worker (pourakarmika) of the town Panchayathi Kanakagiri in Koppal district in the interest of justice and equity. ii. Any other writ or direction or order, which this Hon’ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:10962 WP No. 102390 of 2025 2. The grievance of the petitioner is that though petitioner had applied in terms notification issued by respondent No.1 under the physically disabled quota, the candidature of the petitioner was not considered and in fact in the final list which had been published it had been categorically mentioned that there is no candidate in the physically disabled quota. It is in that background, that the petitioner is before this Court seeking for the aforesaid relief. 3. The petitioner has produced the application submitted by the petitioner at Annexure-E wherein at column No.12 which has been categorically stated that the necessary certificate as regards physical disability has been enclosed. 4. The physical disability certificate issued by the medical authority, Koppal dated 27.06.2018 has also been produced at Annexure-J, in terms whereof it has been categorically stated that the petitioner has 75% - 4 - HC-KAR NC: 2025:KHC-D:10962 WP No. 102390 of 2025 permanent disability in relation to his body as per the guidelines and he has locomotor disability. 5. When an application has been made in the physical disabled category and the certificate has been produced, it is not understood as to how the respondent No.2 vide Annexure-F has categorically indicated that there is no applicant in the physically disabled category, such a mention that has been made in the final list is contrary to the available records. 6. In that view of the matter, I passed the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents No.1 to 4 to consider the representation of the petitioner dated 27.9.2024 in terms of the applications submitted by the petitioner and the - 5 - HC-KAR NC: 2025:KHC-D:10962 WP No. 102390 of 2025 disability certificate produced within a period of four weeks from date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 48