Karnataka High Court
Bharamappa Chatti vs The Secretary on 20 February, 2026
Author: S.G.Pandit
Bench: S.G.Pandit
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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
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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.
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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
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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
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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
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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
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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.
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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