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2026 DAILYLAW 15766 (KAR)

DR PRAMOD K S v. STATE OF KARNATAKA

WP/7611/2026 · 2026-03-25

K V Aravind, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 7611 OF 2026 (S-KSAT) BETWEEN: 1. DR. PRAMOD K S AGED ABOUT 30 YEARS S/O KRISHNAPPA B R/AT HONGIRANA, NEAR GOKUL RICE MILL YALLAPURA, ARAKERE POST, TUMKUR-572106. 2. DR. RACHITHA C.S AGED ABOUT 31 YEARS D/O SHANKAR NAIK C.L. R/A VIDYANAGAR, CHIKKAMAGALURU DISTRICT KADUR-577548. …PETITIONERS (BY SRI. V LAKSHMINARAYANA, SR. ADV. FOR SRI VIKRAM BALAJI, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY 4TH FLOOR, VIKASA SOUDHA BENGALURU-560001. 2. KARNATAKA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY UDYOGA SOUDHA BENGALURU-560001. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 3. STATE OF KARNATAKA, SOCIAL WELFARE DEPARTMENT REP. BY ITS SECRETARY VIKASA SOUDHA BENGALURU-560001. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 & R3 SRI MUHAMMAD SHAMIL, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 07/01/2026 PASSED IN IA NO.II IN OA NOS.1132-1134/2025 (ANNEXURE-D) PENDING ON THE FILE OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL, AND CONSEQUENTLY STAY ALL FURTHER RECRUITMENT PROCEEDINGS INSOFAR AS THEY RELATE TO THE FILLING UP OF 58 BACKLOG POSTS TO THE NOTIFICATION DATED 29/07/2024 (ANNEXURE-A11) AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 petitioners are before this Court questioning the interim order dated 07.01.2026 in Application Nos.1132- 1134/2025 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), whereunder the petitioners I.A.No.II for staying the - 3 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 notification notifying written competitive examination dated 29.07.2024 is rejected. 2. Heard learned senior counsel Sri.V.Lakshminarayana for Sri.Vikram Balaji, learned counsel for the petitioners, learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 to 3 and learned counsel Sri.Muhammad Shamil for respondent No.2 – KPSC. Perused the entire writ petition papers. 3. Learned senior counsel Sri.V.Lakshminarayana for the petitioners would submit that the petitioners are the applicants for the post of the Veterinary Officers in pursuance to recruitment notification dated 29.07.2024 (Annexure-A11). Learned senior counsel would submit that the petitioners belong to Scheduled Caste category and it is their main contention that the respondents could not have published a single recruitment notification for recruitment to backlog vacancies as well as to regular vacancies. It is submitted that the backlog vacancies shall - 4 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 be published separately and it cannot be clubbed with other vacancies. Learned senior counsel would submit that the backlog vacancies shall be filled up in accordance with the Karnataka State Civil Services (Unfilled Vacancies reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 (for short, ‘Rules, 2001’). Learned senior counsel would further bring to the notice of this Court, the Amendment Act 42 of 2024 to the Karnataka Scheduled Castes, Scheduled Tribes and other Backwards Classes (Reservation and Appointment etc.,) Act, 1990 (for short, ‘1990 Act’) to say that unfilled vacancies would mean that it is a continuous process and in terms of 1990 Act, the unfilled vacancies shall be calculated and recruitment shall be in terms of Rules, 2001. 4. Learned senior counsel would submit that the Tribunal failed to appreciate the contentions of the petitioners and even though the Tribunal has come to the conclusion that the petitioners have made out prima-facie - 5 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 case, only observed that the selection would be subject to the outcome of the application. Thus, learned senior counsel would pray for a direction not to fill up the vacancies and direct the Tribunal to dispose of the application early. 5. Per contra, learned counsel Sri.Muhammad Shamil would submit that the petitioners’ interest is protected by observing that the selection is made subject to outcome of the application pending before the Tribunal. Further, he would submit that the Rules, 2001 would have no application to the present recruitment. As such, he submits that the Tribunal is right in disposing of I.A.No.II with the observation as stated above. Thus, he would pray for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the order passed by the Tribunal for the following reasons: - 6 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 The main application is pending before the Tribunal with regard to challenge to the entire recruitment notification dated 29.07.2024. If the contentions raised by the petitioners are considered at this interim stage, nothing would remain for the Tribunal for consideration. The Tribunal has protected the interest of the petitioners by making an observation that entire selection process would be subject to the outcome of the application. The contentions raised by the learned senior counsel for the petitioners will have to be considered by the Tribunal at the time of disposal of the application. We make it clear that any observations made by the Tribunal while passing the interim order dated 07.01.2026, which is under challenge shall not be taken note of at the time of disposal of the application . 7. Thus, we do not find any reason to interfere with the impugned order. Learned Additional Government Advocate Sri.V.Shivareddy would undertake that within two weeks form this date, the State will file objections to - 7 - HC-KAR NC: 2026:KHC:16778-DB WP No. 7611 of 2026 the main application. If objections are filed, the Tribunal is requested to dispose of the application as early as possible. 8. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 2 Sl No.: 4