Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13128-DB WP No. 34182 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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. 34182 OF 2025 (S-KSAT) BETWEEN:
1. RAVIPRASAD B. M., S/O L C DODDAMAYANNA, AGED ABOUT 34 YEARS, PROMOTED AS FDA, 0/0 REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, KALIDASA ROAD, BENGALURU-09. PERMANENTLY R/AT No.311, 3RD CROSS, 4TH MAIN, CHANDRA LAYOUT, BENGALURU-560039. 2. RAGHU R., S/O LATE RANGAPPA, AGED ABOUT 43 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE FOR WOMEN, K.R.NAGARA-571 602. PERMANENTLY R/AT No.3251, 3RD CROSS, 2ND MAIN, NIVEDITHANAGAR, MYSURU-570 022. Digitally signed by VINUTHA B S Location: High Court of Karnataka
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3. ANAND M. B., S/O LATE BALARAJU M. J., AGED ABOUT 46 YEARS, WORKING AS FDA, GOVT.FIRST GRADE COLLEGE, MADIKERE-01. PERMANENTLY R/AT KUDUMANGALORE (V AND P), SOMWARPETTE TQ, KODAGU -571232. 4. RAMAKRISHNAIAH S.G., S/O LATE GANGANNA, AGED ABOUT 51 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, TUMAKURU
PERMANENTLY R/AT SHETTIHALLIPALYA (V.P), TUMKUR-582102. 5. MANJUNATH D.C, S/O LATE BASAVAIAH, AGED ABOUT 38 YEARS, WORKING AS FDA, GOVT FIRST GRADE COLLEGE, TIPATUR-572 202. PERMANENTLY R/AT DYAMSANDRA, DANDINASHIVARA, TURUVERKERE, TUMKUR DISTRICT-572215. 6. MAHESH P., S/O LATE PRABHAKAR, AGED ABOUT 44 YEARS, WORKING AS FDA, O/O COMMISSIONER FOR COLLEGIATE EDUCATION, UNNATA SHIKSHANA SOUDHA,
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SESHADRI ROAD, BENGALURU-560 001. PERMANENTLY R/AT SOMANAHALLI, HARALAKERE, MADDUR (T), MANDYA-5714250
7. MOHAN KUMAR T.P., S/O PRAKASH, AGED ABOUT 34 YEARS, WORKING AS FDA, O/O REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, DHARWAD
PERMANENTLY R/AT SRI SHAILA MALLIKARJUNA NILAYA, MEDAHALLI ROAD, BEHIND VENKATESHWRA TAKIES, CHALLAKERE, CHITRADURGA-577501. 8. MANJUNATH M. R, S/O LATE RAMAIAH M.R., AGED ABOUT 35 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE FOR WOMEN, TUMAKURU-571 102. PERMANENTLY R/AT No.113, AKSHATHA, 1ST MAIN, 4TH CROSS, SOUNDARYA LAYOUT, B'LUR 560073. 9. SUNIL P., S/O V.S. PARAMESHWARA MURTHY, AGED ABOUT 34 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, CHANNAGIRI-571 602. PERMANENTLY R/AT No.C-8, KID COLONY, B.R.PROJECT,
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BHADRAVATHI TQ, SHIVAMOGGA-577115. 10. SHOBHA L., W/O VINAY J., AGED ABOUT 34 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, VIJAYANAGAR, B'LURU-560040. PERMANENTLY R/AT No.3, KALLESWARA NILAYA, 3RD CROSS, NEAR ANANDAPPA CIRCLE, NAGASANDRA POST, BENGALUREU-560073.
11. ANIL S. G., S/O S M GOVINDAIAH, AGED ABOUT 38 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, BHARATHINAGAR, MANDYA 571422. PERMANENTLY R/AT GOLLARAKOPPALU MULAKATTE, NAGAMANGALA, MANDYA 571432. 12. CHAITHRA B., D/O BETTAIAH, AGED ABOUT 35 YEARS, WORKING AS FDA, O/0 COMMISSIONER FOR COLLEGIATE EDUCATION, UNNATA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU-560 001. PERMANENTLY R/AT No.503, BLOCK No.2, SAIYADHRI APARTMENT, 5TH FLOOR, HOLEGARAHALLI, MYSORE ROAD, BENGALURU- 560059. - 5 -
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13. HEMANTH C., S/O P. CHOWDAIAH, AGED ABOUT 38 YEARS, WORKING AS FDA, 0/0 COMMISSIONER FOR COLLEGIATE EDUCATION, UNNATA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU-560 001. PERMANENTLY R/AT No.66, 2ND CROSS, BRINDAVAN LAYOUT, DODDEBELE ROAD, KENGERI, NEAR KSRTC WORKSHOP, B'LURU- 560 060. 14. ANIL KUMAR R. V., S/O VENKATACHALAIAH K., AGED ABOUT 36 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, K.R.PURAM, B'LURU-560 067. PERMANENTLY R/AT No.85, 3RD STREET, GANDHINAGAR, RAMANAGARAM-562 126. 15. VENKATESH C., S/O B. L. CHANDRASHEKAR, AGED ABOUT 43 YEARS, WORKING AS FDA, O/O COMMISSIONER FOR COLLEGIATE EDUCATION, UNNATA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU-560 001
PERMANENTLY R/AT No.04, 1ST MAIN ROAD, YELAHANKA OLD TOWN, BENGALURU-560064. - 6 -
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16. GANGAMMA P. S., W/O BASAVARAJU P., AGED ABOUT 48 YEARS, WORKING AS FDA, GOVT FIRST GRADE COLLEGE, KORATAGERE-572 129, PERMANENTLY R/AT GFGC QUARTERS, RAILWAY STATION ROAD, VIVEKANANDA NAGAR, TUMAKURU-572102. 17. ASHA T. P., W/O NATARAJU, AGED ABOUT 46 YEARS, WORKING AS FDA, O/O COMMISSIONER FOR COLLEGIATE EDUCATION, UNNATA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU-560 001. PERMANENTLY R/AT 4TH CROSS, ARALEPETE, MURUGIMUTT ROAD, TUMAKURU-572 104. 18. SANTHOSH RAMACHANDRA CHAWHAN, S/O RAMACHANDRA GANGARAM CHAWHAN, AGED ABOUT 36 YEARS, WORKING AS FDA, GOVT FIRST GRADE COLLEGE, KUNDAGOLA-581 113. 19. ANAND T. S., S/O SHIVALAH T. A., AGED ABOUT 40 YEARS, WORKING AS FDA, GOVT FIRST GRADE COLLEGE, HULIYUR-572 218,
PERMANENTLY R/AT GFFC QUARTERS, SHETTIKERE ROAD,
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CHIKKANAYAKANAHALLI, TUMAKURU DISTRICT- 572 214. 20.
JNANAMANI A. P., W/O SHRIDHARA A.N., AGED ABOUT 55 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, KORATAGERE-572 129,
PERMANENTLY R/AT GFFC QUARTERS, HEBBUR, TUMAKURU DISTRICT-572 120. 21. LEELA B. M., W/O CHANDRAHASA, AGED ABOUT 51 YEARS, WORKING AS FDA, GOVT. FIRST GRADE COLLEGE, CHANNAPATNA-562 160,
PERMANENTLY R/AT SHRI BASAVESHWARA NILAYA, SHIVAPURA MADDUR, MANDYA DISTRICT-571 429. 22. SMT. MAHADEVAMMA H.N., W/O PUTTAPAPA, A GED ABOUT 51 YEARS, WORKING AS FDA, GOVT FIRST GRADE COLLEGE, H.D.KOTE-571 114. PERMANENTLY R/AT No.528, 4TH MAIN, 1ST CROSS, POLICE LAYOUT, VALLABHA PATEL NAGAR, MYSURU-560 092. …PETITIONERS (BY SRI DHIRAJ A. K., ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY, DEPT.OF EDUCATION (HIGHER EDUCATION), M. S. BUILDING, B'LURU-560 001. 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, UNNATHA SIKSHANA SOUDHA, SHESHADRI ROAD, BENGALURU-560 001. 3. SMT. MANJULA M, W/O SURESH, AGED ABOUT 48 YEARS, WORKING AS SDA, GOVT FIRST GRADE COLLEGE, SORABA-577 429. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, SHIRALAKOPPA, SHIVAMOGGA-577428. 4. SMT. PUSHPA H.R., W/O NAGENDRAPPA, AGED ABOUT 45 YEARS, WORKING AS SDA, OFFICE OF THE JOINT DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, SHIVAMOGGA-577 202. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, THIRTHAHALLI, SHIVAMOGGA-577432. 5. SMT. THANUJA P., W/O PRASANNA KUMAR,
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AGED ABOUT 45 YEARS, WORKING AS SDA, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BENGALURU-560 001. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, MADIKERI, KODAGU-571201. 6. SUJATHA H., W/O KEMPARAJA SWAMY, AGED ABOUT 50 YEARS, WORKING AS SDA, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BENGALURU-01. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, THEKANIDIURU, UDUPI-576106. 7. SRI. BASAVARAJU B. R., S/O RAMEGOWDA, AGED ABOUT 40 YEARS, WORKING AS SDA, OFFICE OF THE REGIONAL JOINT DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, VINOBA ROAD, MYSURU-570 005. PRESENTLY WORKING AT SUPERINTENDENT, GOVT.
FIRST GRADE COLLEGE, KAUPU, UDUPI-574106. 8. SRI. ANAND R., S/O RAMACHANDRAIAH, AGED ABOUT 40 YEARS, WORKING AS SDA, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION,
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SHESHADRI ROAD, BENGALURU-560 001. 9. SMT. PUSHPADEVI, W/O MARUTHI K., AGED ABOUT 37 YEARS, WORKING AS SDA, GOVERNMENT ARTS COLLEGE, SALAGAME ROAD, HASSAN-573 201. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, KAVURU, D.K.DISTRICT-575015. 10. SMT. HASEENA BANU S., W/O DR. MANJUNATHA E., AGED ABOUT 44 YEARS, WORKING AS SDA, OFFICE OF THE JOINT DIRECTOR, REGIONAL OFFICE, DEPARTMENT OF COLLEGIATE EDUCATION, VINOBA ROAD, MYSURU-570 005. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, KONOOR, HASSAN-573201. 11. SMT. PREETHI M. V., W/O KUMAR M., AGED ABOUT 43 YEARS, WORKING AS SDA, GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN, VIJAYANAGAR, MYSORE-570 032. 12. SMT. SREEDEVI D., W/O DODDATHIMMAIAH, AGED ABOUT 50 YEARS, WORKING AS SDA, GOVT FIRST GRADE COLLEGE, SIRA- 572 137. - 11 -
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13. SMT. CHAITRA T., W/O PAVAN C.R., AGED ABOUT 43 YEARS, WORKING AS SDA, GOVT. FIRST GRADE COLLEGE, KORATAGERE-572 129. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, BARKURU, UDUPI-576210. 14. SMT. DIVYARAJ N., W/O MOHANKUMAR K.B., AGED ABOUT 36 YEARS, WORKING AS SDA, MAHARANI'S SCIENCE COLLEGE FOR WOMEN, J.L.B.ROAD, MYSORE-570 005. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, BELTHANGADI, D.K.DISTRICT-574214. 15. SMT. SHILPA T.N., W/O B.R.SOMASHEKAR, AGED ABOUT 45 YEARS, WORKING AS SDA, GOVT. FIRST GRADE COLLEGE, KUNIGAL - 572 130. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, GUBBI, TUMAKURU-572216. 16. SMT. LATHA C., W/O LAKSHMIPATHI K.H., AGED ABOUT 41 YEARS, WORKING AS SDA, GOVT. FIRST GRADE COLLEGE, CHIKKABALLAPURA-562 101. - 12 -
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PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, CHIKKABALLAPURA-562101. 17. SMT. RAMYA C. R, W/O BALAGANGADHAR A.G., AGED ABOUT 40 YEARS, WORKING AS SECOND DIVISION ASSISTANT, GOVT.
SCIENCE COLLEGE, SALAGAME ROAD, HASSAN-573 201. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, AJJARAKADU, UDUPI-576101. 18. SMT. POORNIMA R., W/O SARVESHWARA MURTHY N.G., AGED ABOUT 48 YEARS, WORKING AS SDA, GOVERNMENT FIRST GRADE COLLEGE, HOLENARASIPURA-573 211. 19. SMT. SRILAKSHMI H.Y., W/O MANJUNATH M.R., AGED ABOUT 45 YEARS, WORKING AS SDA, GOVERNMENT SCIENCE COLLEGE, SALAGAME ROAD, HASSAN-573 201. 20. SMT. PREETHI R.V., W/O UMASHANKAR Y.S., AGED ABOUT 40 YEARS, WORKING AS SDA, GOVERNMENT ARTS, COMMERCE AND PG COLLEGE-AUTONOMOUS, SALAGAME ROAD, HASSAN-573 201. 21. SMT. SUMA R., W/O JAGADEESH V.C., AGED ABOUT 47 YEARS,
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WORKING AS SDA, GOVERNMENT SCIENCE COLLEGE, SALAGAME ROAD, HASSAN-573 201. 22. SMT. REKHA K.S., W/O NIRANJANAMURTHY V.C., AGED ABOUT 48 YEARS, WORKING AS SDA, GOVT. FIRST GRADE COLLEGE, RAMANAGARA-562160. 23. SMT. MOHAN KUMARI N., W/O. SOMASHEKHARA, AGED ABOUT 40 YEARS, WORKING AS SDA, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGATE EDUCATION, SHESHADRI ROAD, BANGALORE - 560 001. 24. SMT. MALLIKA M.R., W/O. D.B. BASAVARAJ, AGED ABOUT 44 YEARS, WORKING AS SDA, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE-01. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, KARKALA. 25. SMT. RAJALAKSHMI, W/O. RAJU S. H., AGED ABOUT 44 YEARS, WORKING AS SDA, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE-01. PRESENTLY WORKING AT SUPERINTENDENT,
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GOVT. FIRST GRADE COLLEGE, GADAG-582101. 26. SMT. PRABHA G., W/O NARENDRAN T., AGED ABOUT 45 YEARS, WORKING AS SECOND DIVISION ASSISTANT, DEPARTMENT OF COLLEGIATE EDUCATION, No.5, KALIDASA MARG, GANDHINAGAR, BANGALORE-560 009. 27. SMT. KAVITHA N., W/O. NARAYAN, AGED ABOUT 40 YEARS, WORKING AS SECOND DIVISION ASSISTANT, GOVERNMENT SCIENCE COLLEGE, BANGALORE-560 001. PRESENTLY WORKING AT SUPERINTENDENT, REGIONAL JOINT DIRECTOR OFFICE, BENGALURU. 28. SRI. BHOGESH KUMAR T., S/O. THAMMAIAH K., AGED ABOUT 52 YEARS, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SHESHADRI ROAD, BANGALORE-560 001. 29.
SMT. SUSHMA B.J., W/O PRAVEEN KUMAR, AGED ABOUT 44 YEARS, WORKING AS SECOND DIVISION ASSISTANT, GOVERNMENT FIRST GRADE COLLEGE, SIRA 572 137. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, MUNDAGODA, UTTARA KANNDA-581349. - 15 -
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30. SMT. LATHA BILLUR, W/O. VIRAPAXAPPA G. TIRAKI, AGED ABOUT 42 YEARS, WORKING AS SDA, GOVT. FIRST GRADE COLLEGE, TERDAL, RABKAVI, BANHATTI, BAGALKOT 587 315. 31. SMT. ANUSUYA YAMANAPPA MABRUMAKAR, W/O PANDURANGA, AGED ABOUT 51 YEARS, WORKING AS SECOND DIVISION ASSISTANT, GOVT. FIRST GRADE COLLEGE FOR WOMEN, JAMAKANDI 587 301. PRESENTLY WORKING AT SUPERINTENDENT, GOVT. FIRST GRADE COLLEGE, JAMAKHANDI, BAGALKOT-587301. 32. SMT. SREEDEVI, W/O VENKOB, AGED ABOUT 51 YEARS, WORKING AS SECOND DIVISION ASSISTANT, GOVERNMENT FIRST GRADE COLLEGE, YADGIR 585 202. …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 28.07.2022 PASSED IN APPLICATION No. 4235 TO 4264/2021 AND APPLICATION 4265 TO 4294/2021 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU (PRODUCED AT ANNEXURE-A).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND)
Heard Sri A.K. Dhiraj, learned counsel for the petitioners and Sri V. Shivareddy, learned Additional Government Advocate for respondent Nos.1 and 2.
2. The petitioners, who are the private respondents in Application Nos.4235-4264 and 4265-4294 of 2021, are before this Court in the present writ petition challenging the order dated 28.07.2022 passed by the Karnataka State Administrative Tribunal, Bengaluru [for short, 'the Tribunal'].
3. The petitioners were appointed as Second Division Assistants (SDAs), whereas the respondents were appointed as Typists. The Typists were subsequently permitted to change their cadre to that of SDA, and the Department of Collegiate Education accordingly allowed such change of cadre. Thereafter, the service records of eligible SDAs were called for the purpose of promotion to the post of First Division Assistant
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(FDA). The names of the private respondents were not forwarded for promotion, whereas the petitioners herein were promoted as FDAs. Aggrieved by the said promotion, the private respondents filed the above applications before the Tribunal challenging the promotion of the petitioners as FDAs. 3.1 During the pendency of the applications before the Tribunal, on 18.05.2022, a Seniority List of SDAs was issued, which included the names of private respondent Nos.3 to 32. Thereafter, on 23.06.2022, a Provisional Gradation List of FDAs was issued. The said list was placed before the Tribunal on 29.06.2022 along with a memo. In view of the Provisional Gradation List of FDAs, the Tribunal directed the respondent authorities to consider the promotion of the private respondents as FDAs with effect from 07.08.2021. While issuing the said direction, the Tribunal held that the petitioners were juniors to private respondent Nos.3 to 32. 3.2 Subsequently, on 15.11.2022, a Government Order was issued promoting respondent Nos.3 to 32, along with others, as FDAs. The petitioners submitted a representation dated 16.11.2022, contending that they had been promoted as FDAs
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based on the earlier seniority list and that the Government
Order dated 15.11.2022 required correction. Thereafter, respondent No.2 issued a Gradation List on 19.03.2025, placing the petitioners in a lower rank and respondent Nos.3 to 32 in a higher rank. The petitioners submitted a further representation to respondent Nos.1 to 3 on 21.04.2025, pointing out discrepancies in the gradation list and seeking correction of the same. 3.3 Meanwhile, respondent No.2 conducted online counselling on 03.05.2025 for promotion of FDAs to the post of Superintendent. Respondent Nos.3 to 9, 13, 14, 17, 24, 25, 29 and 31 were promoted as Superintendents on 05.05.2025. Thereafter, despite further representations made by the petitioners seeking to stall the counselling on the ground that it was based on a defective seniority list, respondent Nos.10, 15, 16, 27 and others were promoted as Superintendents on
06.06.2025. 3.4 The challenge before the Tribunal was essentially to the promotion of the petitioners in alleged violation of seniority. The Tribunal, upon taking note of the subsequent developments
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and making certain observations, disposed of the applications with a direction to give effect to the provisional seniority list and the final seniority list, and to consider the seniority position accordingly. While doing so, the Tribunal observed that the petitioners herein are juniors to the applicants before the Tribunal, who are respondent Nos.3 to 32 herein. The said
order is under challenge in the present writ petition.
4. Sri A.K. Dhiraj, learned counsel for the petitioners, submits that the order passed by the Tribunal is without proper
reasoning and was made without affording an opportunity to the petitioners to contest the applications on merits. It is further submitted that when the seniority list of SDAs was prepared, the private respondents were not in the SDA cadre, as they were permitted a change of cadre only on 09.03.2020. Therefore, respondent Nos.3 to 32 could not have been treated as seniors to the petitioners. 4.1
Learned counsel further contends that the consideration of respondent Nos.3 to 32 along with the petitioners for promotion to the post of FDA is erroneous. It is submitted that respondent Nos.3 to 32 were not even eligible for promotion as
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FDAs, as they had not completed the minimum qualifying service prescribed under the Karnataka Education Department Services (Collegiate Education Department) (Cadre and Recruitment) Rules, 2008. 4.2 It is thus contended that the Tribunal, without assigning any reasons and without granting an opportunity to the petitioners, has erroneously recorded a finding that respondent Nos.3 to 32 are senior to the petitioners.
5. Sri V. Shivareddy, learned Additional Government Advocate appears for respondent Nos.1 and 2.
6. Considered the submissions of learned counsel for the petitioners and learned Additional Government Advocate.
7. Respondent Nos.3 to 32 filed applications before the Tribunal seeking the following reliefs:
"(a) Call for records from the respondent No.2 in respect of the impugned
order dated 07.08.2021 (Annexure-A8); (b) Issue writ or order quashing the impugned
order dated 07.08.2021 bearing No.KaaShie/ 65/PraDaSa/Badthi/2020-21 passed by Respondent No.2 (Annexure-A8), in the interest of justice and equity;
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(c) Issue writ or order directing the respondent No.2 to update and publish the seniority list in the cadre of Second Division Assistant including the names of the Applicants in appropriate place by placing the Applicants over and above the Respondents No.3 to 49 in accordance with Rule 10 of the Karnataka Government Servant (Seniority) Rules, 1957, and Consequently direct the respondent No.2 to consider the case of the Applicants for promotion and promote the Applicants to the post of First Division Assistant within a period of 2 months, if they are otherwise found eligible, in the interest of justice and equity; (d) Pass any other order, which this Hon'ble Court may deem fit including the cost of the Application, in the interest of justice and equity."
8. The application was filed on 13.08.2021. The petitioners have now impugned the order of the Tribunal dated 28.07.2022, after considerable progress has been made pursuant to the gradation list and the final seniority list. The
order of the Tribunal has already been given effect to, whereby the petitioners have been placed in a lower rank and respondent Nos.3 to 32 in a higher rank. Further promotions to the post of Superintendent have also been made on 05.05.2025 and 06.05.2025. The present writ petition was filed on 10.11.2025 and has been listed before this Court for the first time on 30.01.2026.
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9. We are not inclined to entertain this petition on two counts. 9.1 Firstly, on the ground of delay. The order of the Tribunal is dated 28.07.2022, whereas the present writ petition has been filed on 10.11.2025. No reasons explaining the delay in preferring this writ petition are forthcoming in the petition. Even during the course of hearing, the learned counsel for the petitioners was unable to offer any satisfactory explanation for the delay. 9.2 Secondly, the petitioners have allowed the consequences of the impugned order to follow. Pursuant to the order of the Tribunal, respondent Nos.3 to 32 were included in the Gradation List of SDAs, thereafter promoted as FDAs, and subsequently some of them were further promoted as Superintendents. It is only after certain private respondents were promoted as Superintendents that the present belated writ petition has been filed. 9.3 When the petitioners did not assert their grievance at the appropriate time and allowed the consequences of the
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impugned order to be implemented, resulting in further promotions of some of the private respondents to the post of Superintendent, it is not open for them to now raise a grievance against the order of the Tribunal passed as far back as on 28.07.2022.
10. On the above grounds, the writ petition is devoid of merit. Accordingly, it stands dismissed.
Pending I.A., if any, stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
MV/List No.: 1 Sl No.: 33