- 1 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 35128 OF 2024 (S-KSAT) BETWEEN: 1. SHIVARAMA K. S., S/O. LATE. SIDDARAME GOWDA, AGED ABOUT 38 YEARS, RESIDENT OF KUNTHUR VILLAGE, N.HALASAHALLI POST, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI VARADARAJ R. HAVALDAR, ADVOCATE) AND: 1. THE KARNATAKA PUBLIC SERVICE COMMISSION, UDYOG SOUDA, AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. DIRECTORATE OF ECONOMICS AND STATISTICS 1ST GATE, 1ST STAGE, 7TH FLOOR, MULTI-STOREYED BUILDING, DR.B.R.AMBEDKAR VEEDHI, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 BENGALURU-560 001, REP BY ITS SECRETARY. …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 13/02/2023 (ANNEXURE-A) PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU PASSED IN APPLICATION No.4634/2022 FILED UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985, TO ADVANCE JUSTICE TO THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) The unsuccessful applicant before the Karnataka State Administrative Tribunal, Bengaluru (“Tribunal”), in Application No.4634/2022, has preferred this writ petition challenging the order dated 13.02.2023, whereby the Tribunal rejected the application. - 3 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 2. The brief facts, as could be gathered from the pleadings, are that respondent No.1 invited applications for the post of Statistical Inspector in the Directorate of Economics and Statistics by Notification dated 05.10.2016. The petitioner applied for the said post under Category 3A – Rural (Kannada Medium) and secured 112.75 marks in the competitive examination conducted by respondent No.1. Respondent No.2 published the selection list on 16.01.2019 for all 132 posts of Statistical Inspector, out of which appointment orders were issued in respect of only 56 posts, as published on 20.07.2019. 2.1 Respondent No.2 thereafter issued an Additional Selection List on 23.09.2021, pursuant to which the petitioner was called for verification of documents; however, his name did not figure in the Additional Selection List published on 23.09.2021. It is the petitioner’s case that even after publication of the Additional Selection List, certain posts remain vacant, and therefore, one more Additional Selection List ought to be issued. In that regard, he submitted a representation dated 23.03.2022. The petitioner thereafter approached the Tribunal seeking a writ of mandamus to direct consideration of his - 4 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 representation and preparation of one more Additional Selection List. The Tribunal, by the impugned order, rejected the application holding that the relief sought by the applicant is not supported by any statutory provision. 3. Sri Varadaraj R. Havaldar, learned counsel for the petitioner, submits that a candidate who secured lesser marks than the petitioner has been selected. It is contended that, had the respondent authorities prepared one more Additional Selection List, the petitioner would have been selected. The inaction on the part of the authorities in preparing the second Additional Selection List, it is urged, has resulted in depriving the petitioner of an opportunity for appointment. It is further submitted that the petitioner has now crossed the upper age limit for appearing in any competitive examination. Accordingly, learned counsel prays for a direction to the respondent authorities to publish one more Additional Selection List. 4. Sri V. Shivareddy, learned Additional Government Advocate appearing for respondent No.2, submits that the selection list pursuant to the notification has already been issued and an Additional Selection List has also been published. - 5 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 It is contended that, unless the Rules governing recruitment provide for issuance of one more Additional Selection List, the same cannot be issued merely on the basis of the petitioner’s representation. 5. We have considered the submissions of the learned counsel for the petitioner as well as the learned Additional Government Advocate appearing for the respondent authorities. 6. The recruitment was initiated pursuant to the Notification dated 05.10.2016. The Selection List was published on 16.01.2019, and the Additional Selection List was published on 23.09.2021. The petitioner’s claim for consideration is founded on the ground that he secured 112.75 marks in the competitive examination, whereas certain other candidates who secured lesser marks have been selected, and therefore, if one more Additional Selection List is published, he would be selected. This contention is untenable. The selection of candidates is determined with reference to the applicable categories, the number of posts reserved therein, and other relevant factors. It is not the petitioner’s case that any candidate securing lesser marks under the same category claimed by him, namely, - 6 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 Category 3A – Rural (Kannada Medium), has been selected. The selection of candidates with lesser marks in any other category cannot constitute a ground to reconsider the petitioner’s case by directing issuance of one more Additional Selection List. 7. The other contention urged is that, subsequent to issuance of the Additional Selection List, certain notified posts remained unfilled, and therefore, a second Additional Selection List ought to be published. This contention is also untenable. The petitioner has not pointed out any provision, rule, or regulation governing appointment to the notified post which mandates issuance of a second Additional Selection List. In the absence of such enabling provision, the authorities cannot be directed to issue a second Additional Selection List. Moreover, it is not the petitioner’s case that any post notified under Category 3A – Rural (Kannada Medium) has remained unfilled. 8. The Tribunal, having considered the aforesaid aspects, has rightly rejected the application. Upon re-consideration of the contentions urged by the petitioner, we find no ground to - 7 - HC-KAR NC: 2025:KHC:30222-DB WP No. 35128 of 2024 interfere with the order of the Tribunal or to entertain the prayer made. 9. Accordingly, the writ petition stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 41