Rajakanteerava S B Vs the Secretary

RAJAKANTEERAVA S B S/O LATE S R BYRAPPA AGE ABOUT 51 YEARS R/A NO.131, 6^TH CROSS, 6^TH MAIN, RPC LAYOUT BANGALORE-560 104 WORKING AS GAZETTED MANAGER GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN CHAMARAJAPET, BANGALORE - 560 026.

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…PETITIONER

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(BY SRI. M C BASAVARAJU, ADV.)

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Digitally signed AND: by MARIGANGAIAH 1. THE SECRETARY PREMAKUMARI GOVERNMENT OF KARNATAKA Location: HIGH COURT OF DEPARTMENT OF HIGHER EDUCATION KARNATAKA 6^TH FLOOR, M S BUILDING DR. AMBEDKAR VEEDI BANGALORE - 560 001.

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THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION UNNATHA SHIKSHANA SOUDHA SHESHADRIPURAM ROAD BANGALORE - 560 001.

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THE CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF COLLEGIATE EDUCATION UNNATHA SHIKSHANA SOUDHA

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HC-KAR

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SHESHADRIPURAM ROAD BANGALORE – 560001.

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THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN CHAMARAJAPETE BBMP PU COLLEGE CAMPUS NEAR SANGAM CIRCLE PADARAYANAPUR, BANGALORE – 560026.

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…RESPONDENTS

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(BY SRI. V SHIVAREDDY, AGA)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 03.08.2023 PASSED BY THE KAT BANGALORE IN A.NO1278/2023 VIDE ANNEXURE-B TO THIS WRIT PETITION AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY.

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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

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ORAL ORDER

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(PER: HON'BLE MR.. JUSTICE S.G.PANDIT)

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With the consent of learned counsel appearing for the

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parties, the matter is taken up for final disposal.

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The petitioner who claims that he is a physically

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challenged person having more than 40% disability is

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working as Gazetted Manager at Government First Grade

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HC-KAR

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College for Women at Chamarajpet, is before this court questioning the order dated 03.08.2023 in Application No.1278/2023 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), refusing to set aside the endorsement dated 20.01.2023 (Annexure-A10), rejecting the petitioner’s request for consideration of his case for promotion under the quota meant for physically challenged persons.

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Heard learned counsel Sri.M.C.Basavaraju for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondents. Perused the entire writ petition papers.

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Learned counsel for the petitioner would submit that, he is a physically challenged person working as Gazetted Manager in the First Grade College for Women, submitted representation to the competent authority on 23.06.2022 requesting to consider his case for promotion under the quota meant for physically challenged persons.

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HC-KAR

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The competent authority i.e., the Directorate of Collegiate Education under endorsement dated 20.01.2023 rejected the petitioner’s request on the ground that there is no order in force from the State Government to provide quota for promotion to the physically challenged persons. The said endorsement was the subject matter of Application No.1278/2023 before the Tribunal. The Tribunal under impugned order dated 03.08.2023 rejected the petitioner’s application confirming the endorsement with an observation that without any Government order, respondents cannot consider the case of the petitioner for promotion under the physically challenged quota.

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Per contra, learned Additional Government Advocate would submit that the petitioner met with an accident in the year 2008. As he suffered injuries and became disabled and on issuance of disability certificate, he has been considered as physically challenged person. Subsequently, he is promoted on 06.05.2017 as Gazetted Manager. Therefore, he submits that the petitioner would

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NC: 2025:KHC:29744-DB WP No. 23560 of 2023

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HC-KAR

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not be eligible for any further promotion under the quota meant for physically challenged persons.

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Learned counsel for the petitioner places on

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record along with the memo dated 01.08.2025 the Government order dated 17.05.2025, whereunder the quota, for promotion is provided to physically challenged persons in all the Group-A to Group-D posts.

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The petitioner claims that he is a physically challenged person and he has placed on record Annexure-A3, Disability Certificate and Identity Card for the physically disabled persons issued by the Directorate for the Empowerment of Differently Abled and Senior Citizens, Bengaluru. The petitioner’s request to consider his case for promotion under the quota meant for physically challenged is rejected solely on the ground that there is no provision or Government order providing quota for promotion to physically challenged persons. The same was confirmed by the Tribunal by the impugned order on the same ground.

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HC-KAR

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The Rights of Persons with Disabilities Act, 2016

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provides for reservation in promotion to physically challenged persons. The State Government under Government Order dated 17.05.2025 passed an order providing reservation to the physically challenged persons in all Group-A to Group-D posts. Relevant portion of the said order reads as follows:

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»£Éß¯ÉAiÀÄ°è ¢£ÁAPÀ: 28.03.2023gÀ ¸ÀPÁðgÀzÀ DzÉÃ±À ¸ÀASÉå: ¹D¸ÀÄE 121 ¸É£É¤ 2020 gÀ°è gÁdå ¹«¯ï ¸ÉÃªÉUÀ¼À°è£À UÀÆæ¥ï-r ¬ÄAzÀ UÀÆæ¥ï-¹ ªÀÄvÀÄÛ UÀÆæ¥ï-¹ ¬ÄAzÀ UÀÆæ¥ï-¹ ªÀÈAzÀUÀ½UÉ ¸ÉÃjzÀ ºÀÄzÉÝUÀ½UÉ ¤ÃqÀÄªÀ ªÀÄÄA§rÛAiÀÄ°è JzÀÄÝPÁtÄªÀ CAUÀªÉÊPÀ®åªÀ£ÀÄß¼Àî ¸ÀPÁðj £ËPÀgÀjUÉ PÀ°à¸À¯ÁVgÀÄªÀ ±ÉÃPÀqÀ 4 gÀµÀÄÖ «ÄÃ¸À¯Áw D¸ÀàzÀªÀ£ÀÄß ¢£ÁAPÀ: 28.03.2023gÀ DzÉÃ±ÀzÀ°è£À J¯Áè µÀgÀvÀÄÛ ªÀÄvÀéÄ G¥À§AzsÀUÀ¼À°è AiÀiÁªÀÅzÉÃ §zÀ¯ÁªÀuÉ E®èzÉ (C£ÀÄ§AzsÀªÀ£ÀÄß ºÉÆgÀvÀÄ¥Àr¹) UÀÆæ¥ï-¹ ¬ÄAzÀ UÀÆæ¥ï-© ªÀÄvÀÄÛ UÀÆæ¥ï-© ¬ÄAzÀ UÀÆæ¥ï-J (QjAiÀÄ ±ÉæÃtÂ) ªÀÈAzÀzÀ ºÀÄzÉÝUÀ½UÀÆ ¸ÀºÀ «¸ÀÛj¹ DzÉÃ²¸À¯ÁVzÉ.

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JzÀÄÝPÁtÄªÀ CAUÀªÉÊPÀ®åªÀ£ÀÄß¼Àî ¸ÀPÁðj £ËPÀgÀjUÉ UÀÆæ¥ï-¹ ¬ÄAzÀ UÀÆæ¥ï-© ªÀÄvÀÄÛ UÀÆæ¥ï-© ¬ÄAzÀ UÀÆæ¥ï-J (QjAiÀÄ ±ÉæÃtÂ) ªÀÈAzÀzÀ ºÀÄzÉÝUÀ½UÉ

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7 -

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NC: 2025:KHC:29744-DB WP No. 23560 of 2023

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HC-KAR

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ªÀÄÄA§rÛ ¤ÃqÀÄªÀ ¸ÀAzÀ¨sÀðzÀ°è ¢£ÁAPÀ: 28.11.2023gÀ ¸ÀPÁðgÀzÀ DzÉÃ±À ¸ÀASÉå: ¹D¸ÀÄE 266 ¸É£É¤ 2022gÀ C£ÀÄ§AzsÀ-1gÀ°è ¤UÀ¢¥Àr¹gÀÄªÀ 100 ©AzÀÄUÀ¼À gÉÆÃ¸ÀÖgï ªÀvÀÄð®zÀ°è 5, 30, 55 ªÀÄvÀÄÛ 82£ÉÃ «ÄÃ¸À¯Áw ©AzÀÄUÀ¼À£ÀÄß ¥ÀjUÀtÂ¸ÀvÀPÀÌzÀÄÝ.

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¢£ÁAPÀ: 28.11.2023gÀ gÉÆÃ¸ÀÖj£À£ÀéAiÀÄ UÀÆæ¥ï-¹ ¬ÄAzÀ UÀÆæ¥ï-© ªÀÄvÀÄÛ UÀÆæ¥ï-© ¬ÄAzÀ UÀÆæ¥ï-J (QjAiÀÄ ±ÉæÃtÂ) ºÀÄzÉÝUÀ½UÉ FUÁUÀ¯ÉÃ ªÀÄÄA§rÛ ¤ÃrzÀÝ°è AiÀiÁªÀ ©AzÀÄ«£ÀªÀgÉUÉ ªÀÄÄA§rÛ ¤ÃqÀ¯ÁVzÉAiÉÆÃ D £ÀAvÀgÀzÀ ©AzÀÄ«¤AzÀ eÁjUÉÆ½¸ÀvÀPÀÌzÀÄÝ.

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F DzÉÃ±ÀªÀ£ÀÄß ¸ÀaªÀ ¸ÀA¥ÀÄl ¸À¨sÉAiÀÄ ¥ÀæPÀgÀt ¸ÀASÉå: 249/2025 ¢£ÁAPÀ: 09.05.2025gÀ°è£À ¤tðAiÀÄzÀAvÉ ºÉÆgÀr¹zÉ. ”

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In the light of the above Government order, the petitioner would be entitled for consideration of his case, if he is eligible, depending on his availability of post meant for physically challenged for promotion. Hence, the following:

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ORDER

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a) Writ petition is allowed.

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HC-KAR

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b) The order dated 03.08.2023 in Application No.1278/2023 passed by the Karnataka State Administrative Tribunal at Bengaluru is set aside.

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c) Consequently, endorsement dated 20.01.2023 (Annexure-A10) is also quashed.

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d) The respondents are directed to consider the representation of the petitioner dated 23.06.2022 (Annexure-A9) in the light of the Government order dated 17.05.2025 and pass appropriate order in accordance with law, within a period of three months from the date of receipt of copy of this order.

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Sd/(S.G.PANDIT) JUDGE

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Sd/(K. V. ARAVIND) JUDGE

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NC CT:bms List No.: 1 Sl No.: 13

Rajakanteerava S B v. the Secretary

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Rajakanteerava S B v. the Secretary

Case brief

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