- 1 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9534 OF 2026 (S-RES) BETWEEN: SMT. PRIYANKADEVI P V AGED ABOUT 35 YEARS, W/O, PRAKASH.S.B. R/A, TOWDUR THANDA, TOWDUR POST, HARAPANAHALLI TALUK VIJAYANAGARA DISTRICT - 583125. …PETITIONER (BY SRI. VISHNU HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ENERGY VIDHANA SOUDHA BENGALURU - 560001. 2. KARNATAKA POWER CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR NO. 82, SHAKTI BHAVAN, RACE COURSE ROAD BENGALURU - 560001. 3. KARNATAKA EXAMINATION AUTHORITY KARNATAKA POWER CORPORATION AUTHORITY REP. BY ITS EXECUTIVE DIRECTOR 18TH CROSS ROAD, SAMPIGE ROAD, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 MALLESHWARAM, BENGALURU - 560012. …RESPONDENTS (BY SRI.G.RAMESH NAIK, AGA FOR R-1 SRI AJAY S. NANDALIKA, ADVOCATE FOR R-2 AND SRI N.K.RAMESH, ADVOCATE FOR R-3 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND SET ASIDE THE CANDIDATES PROVISIONAL LIST, VIDE NO A1P1C(C1), DATED 10/02/2026 ISSUED BY THE 2ND RESPONDENT I.E ANNEXURE -A AS WELL AS SET ASIDE THE FINAL NOTIFICATION VIDE NO. A1P1C(C1), DATED 23/02/2026 ISSUED BY THE 2ND RESPONDENT I.E., ANNEXURE B, BOTH RELATING TO THE PETITIONER IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following reliefs: “ a) Issue writ of certiorari and set aside the candidates Provisional List vide No.A1P1C (C1), dated 10.02.2026, issued by the 2nd respondent i.e. Annexure-A as well as set aside the Final Notification vide No.A1P1C (C1), dated 23.02.2026 issued by the 2nd respondent i.e., Annexure-B both relating to the petitioner is concerned and; - 3 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 b) Issue a writ of mandamus directing the respondents No.2 to consider the representations dated 21.01.2026, 18.02.2026 and 23.02.2026 i.e., Annexures-C, D & E by selecting the petitioner for the post of Assistant Engineer (Electrical) even under Huderabad Karnataka quota and; c) To direct the respondents to include the name of the petitioner in the Selection Lists and appoint the petitioner to the post of Assistant Engineer (Electrical) and; d) Pass any other orders or directions which this Hon'ble Court deems fit in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned AGA for respondent No.1 and learned counsel for respondent Nos. 2 and 3 and perused the material on record. 3. A perusal of the material on record would indicate that pursuant to the modified Recruitment Notification dated 03.08.2017, issued by the respondent-Karnataka Power Corporation Limited (KPCL), calling for appointment of various posts in the department, the petitioner filed application along with relevant documents, in which, she did not claim the benefit of reservation for Hyderabad-Karnataka region under Article 371J of the Constitution of India. Subsequently due to various litigations in relation to the aforesaid modified Recruitment Notification, the respondent did not complete the selection process, which ultimately culminated in the impugned Provisional List dated - 4 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 10.02.2026 and Final Notification dated 23.02.2026, under which, the petitioner was not selected on the ground that she did not belong to Hyderabad-Karnataka area. 4. Subsequently the petitioner submitted representations inter alia contending that in the year 2021, the petitioner obtained her residential status for the purpose of Article 371J of the Constitution of India as residing in Hyderabad-Karnataka area. Before this Court, she has inter alia contended that by virtue of change of her residence from 2021 onwards and as it comes within Hyderabad-Karnataka area, she is entitled to the benefit of the reservation under the said category and since the name of the petitioner does not find a place in the impugned provisional select list and final select list, petitioner is before this Court by way of the present petition. 5. Per contra, learned counsel for the respondent-KPCL would reiterate various contentions urged in the statement of objections and submit that, as per the modified Recruitment Notification, it was absolutely essential that the petitioner should possess valid certificates in relation to claiming the benefit under the Hyderabad-Karnataka region under Article 371J of the - 5 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 Constitution of India as on the date of submission of her application and merely because the petitioner subsequently said to have obtained the said residence in Hyderabad-Karnataka area, she would not be entitled to claim the benefit of the said reservation and as such, there is no merit in the petition And the same is liable to be dismissed. 6. Before adverting to the rival contentions, it would be necessary to extract the relevant portion of the modified Recruitment Notification at Annexure-Q, dated 03.08.2017, which is as hereunder: "9. Verification of Documents : A. Candidates called for document verification based on the merits shall produce the following in Originals with 2 sets of self-attested Xerox copies. Certificates in original in support of their age, qualification, reservation etc. i. Marks card of SSLC/equivalent qualification in support of age ii. Diploma/Degree Certificate. iii. Marks cards of all years/semesters. iv. Challan signed by Postal Authority and Postal receipt. - 6 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 v. Acknowledgement obtained at the time of submission of online application. vi. Candidates copy of the `Hall Ticket' which is signed by the invigilator at the examination hall vii. Other relevant Certificates as claimed. viii. Candidates who are in serve shall submit a No Objection Certificate from their employer B. Candidates claiming Caste/Category/other reservations have to produce following certificates in the prescribed format as per orders/guidelines of Govt. of Karnataka. The candidates should be in possession of valid certificates on the last date fixed for submission of application. i] Caste/Category: SC/ST : Form-D CAT-I : Form-E CAT-IIa/CAT-IIb/CAT-IIIa/CAT-IIIb : Form-F ii] Rural Certificate : GOs No.DPAR 08 SRR 2001 dated 13.2.2001 & GO No.DPAR 96 SRR 2005 dtd 10.08.2005 (Form-I & II annexed) iii] Kannada Medium Candidate : Govt.Notification No. DPAR 71 GPR 2001 dated 24.10.2002. iv] Person with Disability : Govt.Official Memorandum No.DPAR 115 SRR 2005 Bangalore dated 19.11.2005 v] Ex-Military Person : Discharge Certificate vi] Hyd-Kar Region (under Article 371(J) : DPAR 43 HKC 2013 dated 29.01.2014 & DPAR 78 HKC 2014 dated 09.09.2015. vii] Fee exemption : : Govt.Notification No.DPAR Ex-Military person/ 142 SRR 2006, dated person with Disability/ 05.11.2007. - 7 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 Children of defence personnel killed or disabled in action. The candidates who fail to produce above documents will not be considered for selection under the category claimed. 10. No TA/DA will be paid to candidates attending Kannada Language test/Document verification. 11. General Instructions : a. Applicants should be Indian Citizens. b. Candidates who are still awaiting the result of the qualifying examination on the last date fixed for submitting applications need not apply. c. If, at any point of time it is found that the candidate has given false information he/she will not only be disqualified from further stages of recruitment but also liable for appropriate legal action. d. Number of vacancies indicated in this notification is provisional which may increase or decrease depending upon the actual need. KPCL reserves the right to cancel this recruitment process in part or full at any stage without assigning any reason. e. The candidates who are in service shall submit a No Objection Certificate from their employer at the time of document verification in original, failing which their candidature will be rejected. f. The candidates may please note that normally there may be large number of applications being submitted on the last day, which may lead to heavy network traffic, resulting in delay/non-submission of the online application. Therefore candidates are requested to submit their online applications early without waiting for the last day. The orginasation is not responsible for any failures in submission of online applications in time. - 8 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 g. Any representation or correspondence regarding the recruitment process will NOT be entertained. All relevant information on recruitment will be made available in the KPCL website from time to time. h. No application will be accepted through post, personal delivery, courier or any other mode." 7. As is clear from the aforesaid Clauses of the modified Recruitment Notification, the respondent has specifically stipulated that the candidates applying under various categories should be in possession of valid certificates on the last date fixed for submission of the application. 8. In the instant case, it is an undisputed fact and a matter of record that the petitioner who submitted her application in the year 2017, did not claim the benefit of the reservation for Hyderabad-Karnataka region under Article 371J of the Constitution of India and necessary documents in this regard were not enclosed along with the application as required under the aforesaid Clause No.9B of the aforesaid Notification. 9. Under these circumstances, having not been eligible or qualified to claim reservation under the Hyderabad-Karnataka region category under Article 371J of the Constitution of India as on - 9 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 the date of submission of the application as required in the modified recruitment notification, it cannot be said that merely because the petitioner subsequently obtained her residence in Hyderabad-Karnataka area, the petitioner would be entitled to claim the benefit of the said reservation by virtue of her change in residence subsequent to submission of the application, at which time, she was not residing in the said Hyderabad-Karnataka area. Under these circumstances, various contentions urged by the petitioner cannot be accepted. 10. Insofar as reliance placed upon the Notification at Annexure-T, dated 25.02.2021 is concerned, the said Notification under which the Karnataka Public Employment (Reservation in Appointment for Hyderabad-Karnataka Region) (Amendment) Order 2021, was amended so as to include Ballary and Vijayanagar Districts, and the said notification cannot be construed, considered or treated as retrospective so as to enable the petitioner, who undisputedly did not belong to the Hyderabad- Karnataka area as on the date of submission of the application, much less, sought for the benefit of the said reservation when she submitted the said application and consequently no reliance can be - 10 - HC-KAR NC: 2026:KHC:22560 WP No. 9534 of 2026 placed upon the said amendment to the aforesaid Rules by the petitioner in support of her contention. Accordingly, I do not find any merit in the petition. Same is hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BK List No.: 2 Sl No.: 7