- 1 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 39156 OF 2018 (S-KAT) BETWEEN: 1. SRI. DILEEP. K. H., S/O SRI HONNAPPA, AGED ABOUT 31 YEARS, RESIDING AT OLD POLICE QUARTERS, MADDUR TOWN, MANDYA-571428. …PETITIONER (BY SRI SREEDHARA H. R., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NRUKPATUNGA ROAD, BANGALORE-01. 3. THE SELECTION AUTHORITY & DEPUTY DIRECTOR OF PUBLIC INSTRUCTIN, MYSORE DIVISION, MYSORE-570005. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R3) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.5.2018 IN APPLICATION No.6722/2013 PASSED BY THE HON'BLE KSAT AS PER ANNEXURE-A AND ALLOWED THE SAID APPLICATION AS THE TRIBUNAL HAS COMMITTED SERIOUS ERRORS WHICH ARE APPARENT ON THE FACE OF THE RECORD. THIS PETITION, COMING ON FOR 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 S.G.PANDIT) The petitioner, a non-selected candidate to the post of Physical Education Teacher is before this Court questioning the correctness and legality of order dated 31.05.2018 in Application No.6722/2013 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short 'the Tribunal') in which the petitioner's challenge to Rule 9(1A) of the Karnataka Civil Services (General Recruitment) Rules, 1977 (for short 'the 1977 Rules'), which provide horizontal reservation for the persons with disability and also Notifications dated 29.11.2002 - 3 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 and 26.07.2011 (Annexures-A7 and A8) and recruitment Notification dated 02.04.2012 insofar as reserving the post of Physical Education Teacher to the physically handicapped persons under 2A category, is rejected. 2. Heard Sri.Sreedhara H.R., learned counsel for the petitioner and Smt. B.Sukanya Baliga, learned Additional Government Advocate for respondent Nos.1 to 3 and perused the entire writ petition papers. 3. The petitioner, a general category candidate with Bachelor of Arts degree and Bachelor of Physical Education applied for the post of Physical Education Teacher in pursuance to the recruitment notification dated 02.04.2012. The petitioner participated in the selection process and failed to qualify and select as Physical Education Teacher. Subsequently, the petitioner approached the Tribunal in the above stated application questioning the reservation in favour of the physically challenged persons and consequential recruitment notification insofar as reservation to physically challenged persons to the post of Physical Education Teacher. The Tribunal under impugned order dated 31.05.2018, dismissed the - 4 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 petitioner's application holding that disabled persons are no less meritorious and that they are equally meritorious and they would be in a position to perform the duties of Physical Education Teacher effectively. Questioning the said order, the petitioner is before this Court. 4. Sri.Shreedhara H.R., learned counsel for the petitioner would submit that physically challenged persons cannot perform duties of Physical Education Teacher since it needs fitness and physical activity to perform the duties of Physical Education Teacher. Further, learned counsel would submit that no institution is imparting physical education courses to the physically challenged persons therefore, it is his submission that reservation of post in favour of physically challenged persons is unjustifiable and unreasonable. 5. Learned counsel would further submit that the post reserved for physically challenged persons have not been filled up and if unfilled vacancies are converted to general category, the petitioner would stand chance for selection and appointment as Physical Education Teacher in pursuance to the - 5 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 recruitment notification dated 02.04.2012. Thus, he prays for allowing the writ petition. 6. Smt. B.Sukanya Baliga, learned Additional Government Advocate would submit that the Rights of Persons with Disabilities Act, 2016 (for short '2016 Act') requires the State to make reservation to the physically challenged persons in appointment to the post in the State Government. Further, learned AGA would also point out that in terms of 2016 Act, the Government shall have to identify the post for physically challenged persons for reservation in terms of the provisions of 2016 Act. It is submitted that Notification dated 26.07.2011 (Annexure-A8) identifies the post of Physical Education Teacher as reserved for persons with disabilities. It is also submitted that the post meant for physically challenged persons, if, it is unfilled cannot be converted to any other category and the post meant for physically challenged persons can only be filled up by persons belonging to the category of physically challenged persons. Thus, she prays for dismissal of the writ petition. - 6 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 7. Having heard learned counsels for the parties and on perusal of the entire material on record, we are not inclined to interfere with the order under challenge. 8. Rule 9(1A) of the Karnataka Civil Services (General Recruitment) Rules, 1977 reads as follows: "[(1A) Notwithstanding anything contained in the rules of recruitment specially made in respect of any service or post, if in such rules of recruitment, direct recruitment is prescribed as one of the methods of recruitment, the following percentage of the vacancies set apart for that method in each of the categories of General Merit, Scheduled Caste and Scheduled Tribes and in each of the categories among their Backward Classes shall be reserved for, and shall be filled by direct recruitment from among candidates who are [Person with bench mark disability], namely:- (i) [four] per cent of the vacancies in Group 'A' or Group 'B' posts as may be identified and notified by the Government; (ii) five per cent of the vacancies in Group 'C' or Group 'D' posts as may be identified and notified by the Government.] Provided that this sub-rule shall not be applicable to direct recruitment to,- [(i) x x x x x] (ii) any post for appointment to which specified physical standards are prescribed in the rules of recruitment; (iii) the post of Drivers of Motor Vehicles; and - 7 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 (iii) such other posts as the Government may by order direct; [Provided further that this sub-rule shall also not be applicable for direct recruitment of [Persons with bench mark disability] of such nature and in respect of such posts as may be specified by Notification, by Government from time to time.]" 9. Section 34 of 2016 Act mandates every appropriate Government to appoint in every Government establishment not less than 4% of the total number of vacancies in the cadre strength to each group of posts meant to be filled with benchmark disabilities as enumerated therein. 10. In terms of the 2016 Act and 1977 Rules, the State is mandated to provide reservation to the physically challenged persons and persons with benchmark disability. 11. It also provides reservation in promotion, in accordance with such instructions as issued by the Government from time to time. Section 33 of 2016 Act requires appropriate Government to identify the posts in the establishments which can be held by respective category of persons with benchmark disabilities and also requires the constitution of an Expert committee with representation from persons with benchmark disabilities for identification of such posts. - 8 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 12. Notification dated 26.07.2011 (Annexure-A8) is issued by the State Government amending the notification dated 29.11.2002 (Annexure-A7) identifying the teaching posts in the Education Department for persons with benchmark disabilities. It is not open for the petitioner to contend that the disabled persons cannot perform the duties of Physical Education Teacher. It is for the State to decide in terms of 2016 Act with regard to identifying and reservation of post for persons with benchmark disabilities as it is a policy decision of the Government. The contention of the petitioner that, no institution is providing or imparting physical education courses to the physically challenged persons is baseless and it is not supported by any material. In fact, the persons with benchmark disabilities with Bachelor's degree of physical education have been recruited and appointed, which falsifies the contention of the petitioner. 13. The contention of the petitioner that some of the vacancies meant for physically challenged have not been filled up and if those vacancies be converted to general category, the petitioner would stand a chance for selection. The said contention is untenable. Section 34(2) of 2016 Act regulates - 9 - HC-KAR NC: 2025:KHC:33296-DB WP No. 39156 of 2018 the filling up of vacancies due to non-availability of suitable persons with benchmark disability. Only in terms of Section 34(2), the unfilled vacancies can be filled up in the category of posts meant for persons with benchmark disability. 14. In the light of the above, we do not find any merit in the writ petition and accordingly, it stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 17