ARSHIYA SULTANA H A v. THE STATE GOVERNMENT OF KARNATAKA
WP/28861/2026 · 2026-09-15
S Sunil Dutt Yadav
body2026
DailyLaw.ai
[ 2026 DAILYLAW 40721 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40721 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010631502026 NC: 2026:KHC:50607 WP No. 28861 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28861 OF 2026 (S-RES) BETWEEN:
1.
ARSHIYA SULTANA H A W/O ANSAR ALL ISMAIL, AGED ABOUT 45 YEARS R/AT NO.405, ANWAR MANZIL, BEHIND OLD COURT, HOSADURGA TALUK, CHITRADURGA DISTRICT, KARNATAKA - 577 527. …PETITIONER (BY SMT. SUVARNA LAKSHMI M.L., ADVOCATE FOR SMT. SIRI RAJASHEKAR, ADVOCATE) AND:
1.
THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY CHIEF SECRETARY GATE II, M.S. BUILDING AMBEDKAR VEEDHI BENGALURU - 560 001.
2.
DEPARTMENT OF DIFFERENTLY ABLED AND SENIOR CITIZEN DEVELOPMENT M.S. BUILDING PARK DR. AMBEDKAR ROAD, BENGALURU - 560 001.
REP BY ITS DIRECTOR Digitally signed by PRAKASH N Location:
HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010631502026 NC: 2026:KHC:50607 WP No. 28861 of 2026
3.
KARNATAKA POWER TRANSMISSION CORPORATION LTD.
INDHANA BHAVAN, BANGALORE REP BY ITS MANAGING DIRECTOR BENGALURU - 560 009
4.
DIRECTOR ADIMN. AND HR, KPTCL INDHANA BHAVANA RACE COURSE ROAD, BENGALURU - 560 001 …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA FOR R1 AND R2 SMT. RAKSHITHA D.J., ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO.3 TO CONSIDER THE PETITIONERS REPRESENTATION DATED 16.04.2026 VIDE ANNEXURE-F IN THE LIGHT OF THE JUDGMENTS OF THE HONBLE SUPREME COURT IN SIDDARAJU V. STATE OF KARNATAKA, RAJEEV KUMAR GUPTA V. UNION OF INDIA, THE DOPT OFFICE MEMORANDAM DATED ANNEXURE-D 17.05.2022, 28.12.2023, ANNEXURE-D1, ANNEXURE-D2, 09.10.2024 AND ANNEXURE- D3 07.01.2026 AND ALSO THE GOVERNMENT ORDER DATED 17.05.2025 ANNEXURE-E AND KPTCL
ORDER DATED 30.05.2025, ANNEXURE-E1.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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HC-KAR CNR: KAHC010631502026 NC: 2026:KHC:50607 WP No. 28861 of 2026 ORAL ORDER
1. Learned Government Advocate is directed to accept notice for respondents No.1 and 2. 2. Smt. Rakshita D.J., learned counsel undertakes to accept notice for respondents No.3 and 4. 3. The present petition has been filed seeking for issuance of writ in the nature of mandamus to direct respondent No.3 to consider the representation at Annexure-F dated 16.04.2026 keeping in mind the judgments of the Hon'ble Apex Court in the case of Siddaraju vs. State of Karnataka1 as well as the judgment in the case of Rajeev Kumar Gupta vs. Union of India and others2 and other Office memorandum. 4. The petitioner submits that certain office memorandums have been issued containing guidelines providing for reservation in promotion to persons with 1 Civil Appeal No.1567/2017 2 (2016) 13 SCC 153
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HC-KAR CNR: KAHC010631502026 NC: 2026:KHC:50607 WP No. 28861 of 2026 benchmark disabilities. It is admitted that representations have been made and the Hon'ble Apex Court has also recognised the entitlement of persons with benchmark disabilities insofar as reservation in promotion is concerned. 5. It is further submitted that there are certain office memorandums also issued in that regard. The petitioner submits that representation at Annexure-F has been made which still has not been considered. It is also submitted that in an identical factual matrix contained in W.P.No.24449/2026, a writ of mandamus has been issued. 6. Learned counsel appearing for respondents No.3 and 4 submits that the representation would be considered in accordance with law. 7. Accordingly, the writ petition is disposed of directing respondents No.3 and 4 to consider and pass orders as regards representation at Annexure-F.
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HC-KAR CNR: KAHC010631502026 NC: 2026:KHC:50607 WP No. 28861 of 2026
8. Such consideration is to be made, keeping in mind the principles laid down in the case of Rajeev Kumar Gupta vs. Union of India and others reported in (2016) 13 SCC 153, as well as applicable Office Memorandum including the Office Memorandums at Annexures D, D1, D2, D3 and Government Order at Annexure E and Order of the respondents No.3 and 4 at Annexure E1. 9. For such consideration to be completed within 2 months from date of receipt of certified copy of the order. 10.
Needless to state that the request is to be considered as is permissible in law. 11. Pending IAs, if any, stands disposed of accordingly. Sd/- (S SUNIL DUTT YADAV) JUDGE SKS