1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S. G. PANDIT AND THE HON'BLE MR. JUSTICE K.V.ARAVIND WRIT PETITION NO.35322/2024 (S-KSAT) BETWEEN: BHARAMAPPA CHATTI S/O SURESH AGED ABOUT 34 YEARS MORARJI DESAI RESIDENTIAL SCHOOL SULIBELE, HOSKOTE TALUK BENGALURU RURAL DISTRICT-562129. ... PETITIONER (BY SRI. M NARAYANA BHAT, ADV.) AND: 1. THE SECRETARY MINORITY WELFARE DEPARTMENT STATE OF KARNATKA VISHANA SOUDHA BENGALURU- 560 001. 2. THE SECRETARY THE KARNATAKA PUBLIC SERVICE COMMISSIONPARK HOUSE ROAD BENGALURU- 560001. 3. THE DIRECTOR DIRECTORATE OF MINORITIES 2 NO.16 C, 2, MILLERS ROAD TANK BED AREA VASANTH NAGAR ENGALURU- 560 002. 4. SRI PARISANATH DUPADAL AGE: MAJOR HIDRAL POST, RAIBAG BELAGAVI – 591220. …RESPONDENTS (BY SRI V SHIVAREDDY, AGA FOR R1 & R3 SRI K.M. PRAKASH, ADV. FOR R2 V/O/D 10.11.2025 NOTICE TO R4 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT HIM THE FOLLOWING RELIEFS: A) ISSUE A WRIT OF CERTIORARI, ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE ORDER DATED 03.01.2024 IN A.NO.4404/2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU PRODUCED AS ANNEXURE-C AS THE SAME IS ERRONEOUS AND OPPOSED TO LAW AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 06.02.2026 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE K.V.ARAVIND 3 CAV ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) Petitioner aggrieved by order dated 03.01.2024 in Application No.4404/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, “Tribunal”) rejecting his prayer to set aside Additional Select List dated 07.09.2023 (Annexure-A5) of Hindi Language Teacher and to redo the Additional Select List; to set aside the Selection and appointment of fourth respondent in the General Merit –IIIB/Rural Category in pursuance to Additional Select List dated 07.09.2023. 2.The brief facts of the case are that: The second respondent – KPSC issued Recruitment Notification dated 25.11.2017 to various posts in the Minority Welfare Department, one of the post was Hindi Language Teachers. Petitioner being 4 qualified and eligible, applied for the Hindi Language Teacher claiming reservation under IIIB/RL category. He participated in the selection process and in the competitive examination he is said to have scored 54 marks. Thereafter the petitioner was called for verification of original documents. It is stated that on 01.01.2022, Final Select List of Hindi Language Teachers was published. Thereafter, on 02.03.2023 (Annexure-A3), the second respondent – KPSC published Additional Select List of Hindi Language Teachers in terms of the Karnataka Civil Services (Direct Recruitment by Competitive Examinations and Selection) General Rules, 2006 and 2015 Amendment Rules. The petitioner was selected and his name finds place at Sl.No.14 in the Additional List published under Notification dated 02.03.2022 (Annexure-A3) under IIIB/RL Category. In the Final Select List published on 01.01.2022 (Annexure-A2), one Sri. 5 Basavaraja was selected under IIIB/RL Category and his name finds place at Sl.No.11. The said Basavaraja was issued with order of Appointment by OM dated 11.05.2022 and was posted to Morarji Desai Residential School, Muddebihal-2, Vijayapura District. The order of Appointment clearly indicates that the conditions of appointment and also it gives 15 days’ time to report to duty with a caution that failing to report to duty within the time fixed, without notice the order of Appointment would stand cancelled automatically. The said Basavaraja failed to report to duty. It is the case of the respondents that the said Basavaraja submitted representation seeking permission to join duty under Document No.5 dated 26.07.2023 produced along with affidavit dated 03.02.2026 of the Assistant Director, Directorate of Minorities and also other documents such as the letter 6 addressed to the second respondent dated 31.10.2022 requesting to forward Additional list in place of four unreported candidates. It is also to be noted that under Endorsement dated 05.10.2023 representation of the said Basavaraja was rejected informing him that his candidature has been cancelled as he failed to report to duty in pursuance to the order of Appointment. However, the second respondent-KPSC published one more Additional Select List on 07.09.2023 only in respect of four candidates in pursuance to the letter of the third respondent dated 31.10.2022. In the said List, the name of the petitioner was not found. Thereafter the petitioner approached the Tribunal in the above stated Application in November, 2023 with a prayer to set aside the Additional List dated 07.09.2023 (Annexure- A6) and to redo the Additional List to include the name of the petitioner in the Hindi Language Teacher 7 under IIIB/RL category. Under impugned order, the Tribunal without appreciating the actual facts, erroneously with an observation that the Applicant did not come under the relevant category in which the non-reported vacancies arose, dismissed the Application. Questioning the said order, the petitioner is before this Court in the present writ petition. 3. Heard Sri. Narayana Bhat, learned counsel for petitioner, learned AGA Sri Shivareddy, for respondent Nos. 1 and 3 and Sri. K M Prakash—for respondent No.2 – KPSC. Perused the entire writ petition papers. 4. Learned counsel Mr. Narayana Bhat appearing for the petitioner would contend that the third respondent committed an error in not requesting the second respondent to forward IIIB/RL candidate who is in the Additional List published on 02.03.2023 8 to the vacancy of non- reporting by Basavaraja, selected under main list. It is pointed out that under letter dated 31.10.2022, the third respondent requested to forward names of four candidates in the Additional List belonging to:- a) GM/2A/Rural, b) GM/2BW, c) SC and d) 2A/RL/HK candidates. Further, he submits that as on the date of the said letter, it was within the knowledge of the third respondent that a candidate in 3B rural category Sri. Basavaraja had not reported to duty. Though it was within the knowledge of the third respondent that IIIB/RL Category candidate Basavaraja had not reported to duty within the time prescribed, the third respondent failed to request the second respondent to forward a candidate belonging to IIIB/RL category from the Additional Select List dated 02.03.2023. It is submitted that the petitioner was the next eligible candidate under IIIB/RL category who was placed at 9 Sl.No.14 in the Additional Select List dated 02.03.2023 and he also submits that above him, there was no candidate belonging to IIIB/RL category. As such, the applicant was the next eligible candidate for the post of Hindi Language Teacher under IIIB/RL category from the Additional List. 5. Further learned counsel for the petitioner would submit that in terms of Rules 8 and 9 of 2006 and 2015 amended Rules, the Select List would be operative for two years and that Additional List published on 02.03.2023 was in operation for two years and within that time, petitioner had become eligible for consideration of his case for appointment and in view of the fact that Sri. Basavaraj selected under IIIB/RL category in the Main List had failed to report to duty. 10 6. Per contra, learned AGA Sri. Shivareddy was not in a position to answer as to why under letter dated 31.10.2022, the request was not made to forward the name of a candidate belonging to IIIB/RL category though candidate in the Main List Sri. Basavaraja selected under IIIB/RL category failed to report to duty? Learned AGA would submit that second respondent -KPSC forwarded the Additional Select List of Hindi Language Teachers dated 07.09.2023 and in terms of the said List, the appointments were made. As the name of the petitioner was not included in the said Additional Select List dated 07.09.2023 by KPSC, the petitioner would not be eligible for appointment. Thus, he would pray for dismissal of the writ petition. 7. Having heard the learned counsel for the parties and on perusal of the entire writ papers, the following points arise for consideration in this petition: 11 1) “Whether the petitioner would be entitled for appointment as Hindi Language Teacher from the Additional Select List dated 02.03.2023 in view of non-reporting of IIIB/RL category candidate from Main List dated 01.01.2022? 2) Whether the Tribunal is justified in refusing the prayer of the petitioner?” The answer to the above points would be Affirmative and Negative for the following reasons: Both the above points are taken up together to answer. 8. The second respondent – KPSC in pursuance to request of third respondent issued recruitment Notification dated 25.11.2017 (Annexure- A1) for selection and appointment of various technical and non-technical posts in the third respondent – Minority Welfare Department, including the post of Hindi Language Teacher. The selection to be made in terms of 2006 Rules. The competitive examination for selection was conducted and the petitioner participated in the selection process for verification of 12 original documents and there is no dispute that the Main Select List of Hindi Language Teachers was published on 01.01.2022 and it is also an admitted fact that the name of the petitioner was not found in the Main Selection List. However, the petitioner was selected as Hindi Language Teacher and his name finds place at Sl.No.14 in the Additional Select List published on 02.03.2023 (Annexure-A3) in terms of 2006 Rules. 9. Rule 8(4) of 2006 Rules reads as follows: The Commission shall in accordance with the provisions of sub-rule (1 or (2) as the case may be, also prepare an Additional List of candidates not included in the list prepared under sub-rule (1) or (2), in which the number of candidates to be included shall as far as possible not exceeding fifty percent of the vacancies in respect of technical posts and ten percent f the vacancies in respect of non-technical posts notified by taking into consideration the policy of reservation in direct recruitment (both vertical and horizontal reservation) and the same shall be in force for a period of one year from the date of publication. 13 In the year 2015, there was an amendment and amended Rule 8(4) reads as under: “The Commission shall also simultaneously prepare an additional list of candidates not included in the main list not more than fifty percent in respect of Technical Posts and Ten percent in respect of non-technical posts which may be operated only once to the extent of unreported vacancies and the same shall be in force for a period of one and half years from the date of its publication.” 10. As on above date of publishing of recruitment Notification dated 25.11.2017, amended 2015 Rules was in force. It is pertinent to note here itself that the 2006 Rules went into amendment subsequently in the year 2019 as well as in the year 2021. However, for the purpose of present case, rule 8(4) of 2006 Rules as stood on 2017 would be relevant. By reading of rule 8(4), it is clear that the second respondent-KPSC shall simultaneously prepare list of additional candidates not included in the main list to an extent of 50% in respect of technical posts 14 and 10% in respect of non-technical posts which is to be operated only once, to the extent of unreported vacancies and it specifies that the said additional list would be in force for a period of one and half years from the date of its publication. 11. In the instant case, we are concerned with the post under IIIB/RL category. The petitioner belongs to IIIB/RL category and his name finds place in the additional List at Sl.No.14 published on 02.03.2023 (Annexure- A3) in terms of 2006 and 2015 amended Rules. It is an admitted fact that under Main List published on 01.01.2022, one Sri Basavaraja was selected under IIIB/RL category and his name finds place at Sl.No. 11 in Annexure-A2. The said Basavaraja was appointed by third respondent - OM dated 11.05.2022 (Document No. 1) filed along with affidavit dated 03.02.2026 of the Assistant Director, Directorate of Minorities. The said Basavaraja failed 15 to report to duty within 15 days in terms of condition No.1 of order of appointment. The said condition No.1 also makes abundantly clear that if the candidate fails to report to duty within the time granted without any notice, his appointment would stand cancelled. It is an admitted fact that the said Basavaraja failed to report to duty within the time granted and one year five months thereafter he made a representation dated 26.07.2023 (Document No.5) seeking permission to report to duty, which was rejected by Endorsement dated 05.10.2023 (Document No.6). The third respondent under letter dated 31.10.2022 (Document No.2) requested the second respondent- KPSC to forward 4 names from the Additional List in the category of a) GM/2A/RL b) GM/2B/W c) SC and d) 2A/RL/HK. Though it was aware of the fact that the candidate Sri. Basavaraja belonging to IIIB/RL category had not reported to duty, the action of the 16 third respondent in not calling for a candidate belonging to IIIB/RL category under letter dated 31.10.2022 is wholly arbitrary, unreasonable and is the result of total non-application of mind. Rule 8(4) of 2006 and amended 2015 Rules permit filling up of unreported vacancies and the second and third respondents failed to exercise the power vested with them under Rule 8(4) of 2006 and 2015 amended Rules. The material on record makes it abundantly clear that the candidate Sri Basavaraja selected under IIIB/RL category under the Main List failed to report to duty and to the said unreported vacancy, the third respondent ought to have called a candidate belonging to IIIB/RL category from the additional list published on 02.03.2023 and ought to have considered the said candidate for appointment as Hindi Language Teacher. It is the petitioner who was eligible under IIIB/RL category from the additional select list dated 17 02.03.2023 and no other candidate above the petitioner was available under the said category. The Tribunal under impugned order failed to examine the vacancy which arose from non-reporting of IIIB/RL category candidate Sri Basavaraj from the Main List. The tribunal erroneously gave a finding that the applicant did not come under the relevant category in which the non-reported vacancies arose after noticing that the petitioner’s name had appeared at Sl.No.14 in the Additional List published on 02.03.2023. 12. In the above circumstances, we are of the considered opinion that the petitioner has made out a case for allowing of the writ petition and hence, the following:- ORDER a) Writ Petition is allowed b) Order dated 03.01.2024 in Application No.4404/2021 passed by the Tribunal is hereby set 18 aside and the application is allowed in the following terms. c) Consequently, a direction is issued to the third respondent to seek forwardal of IIIB/RL category candidate i.e., petitioner herein from the Additional List dated 02.03.2023 (Anenxure-A3) and consider the case of the petitioner for appointment of Hindi Language Teacher if he is otherwise eligible. d) The third respondent shall seek forwardal of IIIB/RL category candidate name i.e., the petitioner within four weeks from the date of uploading this order on the website of the High Court of Karnataka and the second respondent – KPSC shall forward the name within 15 days from the date of receipt of the letter from the third respondent. 19 e) Within four weeks from the date of receipt of the name of the petitioner from the second respondent, the third respondent shall appoint the petitioner to the post of Hindi Language Teacher. Sd/- (S.G.PANDIT) JUDGE Sd/- (K.V.ARAVIND) JUDGE Bsv CT: bms