Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 24141 (KAR)

SRI. K. SOMASHEKAR v. THE STATE OF KARNATAKA

WP/14685/2026 · 2026-06-22

Rajesh Rai K, S G Pandit

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 14685 OF 2026 (S-KSAT) BETWEEN: 1. SRI. K. SOMASHEKAR S/O. LATE R. KRISHNEGOWDA, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT DIRECTOR, (UNDER RULE 32 OF KCSR - INDEPENDENT CHARGE) DISTRICT INDUSTRIES CENTRE, CTI BUILDING, SAYJI RAO ROAD, MYSORE DISTRICT - 570 001. RESIDING AT JAINAHALI VILLAGE AND POST, AKKIHEBBAL HOBLI, K. R. PETE TALUK, MANDYA - 571 605. 2. SRI. ANANDA, S/O. NANJUNDEGOWDA, AGED ABOUT 36 YEARS, WORKING AS INDUSTRIAL EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR (RI), INDUSTRIAL DIVISION, ZILLA PANCHAYATH, HASSAN DISTRICT - 573 201, RESIDING AT MADIHALLU VILLAGE, SEEGE POST, SALAGAME HOBLI, HASSAN 573 219. 3. SRI. SRIKANTHA S. S., S/O. SUBRAHAMANYAPPA, AGED ABOUT 34 YEARS, WORKING AS INDUSTRIAL EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF RURAL INDUSTRIES, DODDABALLAPURA, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 BENGALURU RURAL - 561203. RESIDING AT SONNAHALLIPURA PURA VILLAGE, HASIGALA POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. …PETITIONERS (BY SRI. ADITHYA R CHAKRAGIRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU- 560 001. 2. THE COMMISSIONER, DEPARTMENT OF INDUSTRIES AND COMMERCE, NO. 49, 2ND FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. 3. KARNATAKA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, UDYOGA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 4. SMT. ASHWINI R., W/O. ROHITH B. N., S/O. 43 YEARS, WORKING AS ASSISTANT DIRECTOR, (UNDER RULE 32 OF KCSR - INDEPENDENT CHARGE) DISTRICT INDUSTRIES CENTRE, CTI BUILDING, SAYJI RAO ROAD, MYSORE DISTRICT - 570 001. RESIDING AT NO. 830, 6TH CROSS, 12TH MAIN, 4TH STAGE, TC LAYOUT, MYSORE – 570 009. 5. SRI. PRASAD N. S., S/O. NARAYANA SETTY, AGED ABOUT 39 YEARS, WORKING AS ASSISTANT DIRECTOR, - 3 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 (UNDER RULE 32 OF KCSR INDEPENDENT CHARGE) OFFICE OF THE ASSISTANT DIRECTOR, TIPTUR SUB DIVISION, TIPTUR - 572 201, RESIDING AT KADABA VILLAGE, GUBBI TALUK, TUMKUR - 572 219. 6. SRI. RAGHU S. N., S/O. NANJAPPA, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT DIRECTOR, (UNDER RULE 32 OF KCSR - INDEPENDENT CHARGE) OFFICE OF THE JOINT DIRECTOR, DISTRICT INDUSTRIES CENTRE, RAJAJINAGAR, BENGALURU 560 010. RESIDING AT NO. 53/19, 1ST MAIN, 1ST CROSS, SANJIVININAGARA, HEGGANAHALLI, BENGALURU 560 091. 7. SRI. PRAKASH S. BISEROTTI, S/O. SANGAPPA BISEROTTI, AGED ABOUT 35 YEARS, WORKING AS INDUSTRIAL EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR (RI), INDUSTRIES DIVISION, ZILLA PANCHAYATH, KOPPAL. RESIDING AT CHIKKAMYAGERI (VILLAGE AND POST), YALBURGA, KOPPALA - 583 236. 8. SRI. AZIMKHAN PATHAN, S/O. IQBAL KHAN PATHAN, AGED ABOUT 40 YEARS, WORKING AS ASSISTANT DIRECTOR, (UNDER RULE 32 OF KCSR INDEPENDENT CHARGE) DISTRICT INDUSTRIES CENTRE, UDYAMBAGH, KHANAPUR ROAD, BELGAUM 590 116, RESIDING AT FLAT NO. 12, SY. NO. 1018/2, BEHIND MASJID - E - KAIS, - 4 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 SHIVAJINAGAR, ARSHAD KHAN COLONY, VEERABHADRANAGAR, BELGAUM 590 016 …RESPONDENTS (BY SRI.V.SHIVAREDDY, AGA FOR R1 & R2; SRI.K.M.PRAKASH, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN RESPECT OF THE IMPUGNED ORDER DATED 27/02/2026 IN APPLICATION NOS. 1036-1043/2025 (ANNEXURE-A)b)SET ASIDE THE IMPUGNED ORDER DATED 27/02/2026 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NOS. 1036/2025, 1040/2025 AND 1043/2025 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NOS. 1036/025, 1040/2025 AND 1043/2025 AS SOUGHT FOR BY THE PETITIONERS (ANENXURE-B) AND ETC., 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 RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Unsuccessful applicants before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) are before this Court in this writ petition questioning the order dated 27.02.2026 in Application - 5 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 Nos.1036-1043/2025, whereunder their following prayers are rejected: “(i) Quash Annexure-A-8, the impugned notification dated 13.03.2024 issued by the 3rd respondent in No.PSC 1 RTB-1/2023 insofar as it relates to recruitment of 20 posts of Asst. Directors listed at Sl.5, the issue of a writ of Certiorari or any other writ, order or direction. (ii) Issue a writ of mandamus directing the respondents 1 and 2 to consider the representations Annexures-A9 to A-14 to accord promotion to the Applicants who are eligible to be promotion as Asst. Directors. (iii) Grant such other reliefs which this Hon’ble Tribunal may deem fit to grant, in the circumstances of the case. (iv) Allow this application with costs.” 2. Heard learned counsel Sri.Adithya R. Chakragiri for petitioners, learned Additional Government Advocate Sri.V.Shiva Reddy for respondent Nos.1 and 2 and learned counsel Sri.K.M.Prakash for respondent No.3. - 6 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 3. Learned counsel for the petitioners Sri.Adithya R. Chakragiri would submit that the petitioners were before the Tribunal questioning the direct recruitment process of 20 posts of Assistant Directors, as there was no vacancies available for direct recruitment. It is submitted that the petitioner No.1 is the holder of Assistant Director post under Rule 32 of the KCSRs and other petitioners are working as Industrial Extension Officers. It is submitted that the Cadre and Recruitment Rules published under notification dated 04.10.2024 which would indicate the total number of Assistant Directors at 128 posts is challenged before the Tribunal and the same is stayed by the Tribunal in Application Nos.6413 to 6149/2024. Therefore, learned counsel for the petitioners would submit that the respondents could not have initiated process of direct recruitment of 20 Assistant Directors of Industries and Commerce. - 7 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 4. Learned Additional Government Advocate Sri.V.Shiva Reddy has filed a memo dated 20.06.2026 enclosing documents. A perusal of the documents would indicate that in terms of the Cadre and Recruitment Rules, there are 128 sanctioned posts of Assistant Directors of Industries and Commerce and out of which 36 persons are working under Rule 32 of KCSRs in independent charge and it shows the total vacancy of 85 posts of Assistant Directors. 5. The Tribunal taking note of the factual position and also taking note of the pending Application Nos.6143- 6149/2024 by a reasoned order rejected the petitioners’ prayer. Relevant portion of the Tribunal’s order which provides reasons reads as follows: “9. Learned AGA has also given calculation of posts to be filled by promotees and direct recruits as per Cadre and Recruitment Rules, considering the total strength of 128 posts of Assistant Directors and submits that based on this fresh recruitment is still within the quota limit of 28 posts of Assistant Director and it is in compliance of Cadre and - 8 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 Recruitment Rules of the Department. It is also a fact that the contention of the applicants that the column Nos.5 and 6 of the Cadre and Recruitment Rules dated 04.10.2024 have been stayed by this Tribunal in A.Nos.6143-6149/2024 factually reducing the total sanctioned strength of Assistant Directors only to 51. Even assuming for a moment that only 51 posts remain, 40% of these posts comes to approximately 21 posts of Assistant Directors and presently there are only 3 direct recruit Assistant Directors working in the department, as submitted by the learned Counsel for the applicants themselves in their pleadings. The main grievance of the applicants is that Respondent No.1 is not filling up posts of Assistant Directors by giving promotion to promotees in respect of their quota from the cadre of Industrial Extension Officer. It is also to be noted that Respondent No.1 has submitted in his oral submission that they are waiting for the final outcome of A.Nos.6143- 6179/2024, to promote the officers to next higher cadre. 10. Considering the entire issue in its broad prospective, we are of the considered opinion that it would not be in public interest to stop the recruitment process initiated by the respondents vide impugned Notification dated 13.03.2024. - 9 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 Therefore, applicants have not been able to make out a case in so far as their first prayer is concerned. 11. Regarding the second prayer about direction to Respondent Nos.1 and 2 to consider their representations vide Annexures-A9 to A14, it is pertinent to note that Annexures-A9, A10, A11 and A12 are mainly about seeking to stop the recruitment process initiated by KPSC vide Notification dated 13.03.2024. As discussed above, we have already expressed our opinion that the applicants have not been able to make out a case in so far as the prayer of quashing the recruitment process is concerned. Coming to the representations vide Annexures-A13 and A14, it is reflected in the said prayer that the applicants are seeking promotion to the next higher cadre under Rule 32 of KCSR as they have already completed 6 years of service and also regularisation of some applicants under Rule 42 of KCSR as they are already holding independent charge under Rule 32 of KCSR. Respondents in their reply statement have stated that this prayer would be considered subject to finalisation of the order of this Tribunal in A.Nos.6143- 6149/2024 and we are of the opinion that this is a fair submission by the respondents.” - 10 - HC-KAR NC: 2026:KHC:30576-DB WP No. 14685 of 2026 6. In addition to the above, a Rule or provision of law is presumed to be constitutionally valid until it is declared contrary by the Courts. Furthermore, the Tribunal or Courts should not come in the way of administration of the State. Therefore, we are of the view that any recruitment initiated already would be subject to the outcome of already pending Applications before the Tribunal. Further with regard to the petitioners’ prayer to consider their prayer for promotion, the Tribunal has observed that State has undertaken to consider the cases of the petitioners for promotion on disposal of the pending application before the Tribunal. 7. We do not find any merit in the writ petition and accordingly writ petition stands rejected. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE NC: CT: RK