IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 35184 OF 2012 (S-RES-PIL) BETWEEN:
KARNATAKA RAJYA ANGAVIKALAR HORAT SAMEETHI, BIJAPUR REPRESENTED BY ITS PRESIDENT SRI PARSURAM GUNNAPUR AGED ABOUT 25 YEARS R/O NEAR VENKATESHWAR TEMPLE WARD NO.21, IBRAMPUR, BIJAPUR.
... PETITIONER (By SHRI JAGADISH SHASTRI, ADVOCATE) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-1 2. THE SECRETARY DEPT. OF PERSONNEL ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BANGALORE-1.
3. THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION PARK HOUSE ROAD, BANGALORE-1.
4. THE SECRETARY PRIMARY AND SECONDARY EDUCATION DEPT.
M.S. BUILDING, BANGALORE-1.
5. THE COMMISSIONER FOR PERSONS WITH DISABILITIES #40, THAMBU CHETTY ROAD, COX TOWN, BANGALORE-54.
... RESPONDENTS (BY SHRI P.B.ACHAPPA, AGA FOR R-1, R-2, R-4 & R-5; SHRI REUBEN JABOB, ADVOCATE FOR R-3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS STATE, ITS FUNCTIONARIES AND ITS CONCERNED AUTHORITES TO RE-WORK THE RESERVATION FOR THE DISABLED PERSONS IN THE MATTER OF RECRUITMENT TO THE CADRE OF SECONDARY DIVISION ACCOUNTS ASSISTANT [SDAA] POSTS NOTIFICATION DATED 20.7.2012 BY ADOPTING APPROPRIATE METHOD, HON'BLE SUPREME COURT JUDGMENT HELD IN THE CASE OF MAHESH GUPTHA AND ORS. V/S YASHWANT KUMAR AHIRWAR AND ORS. REPORTED IN 2007 AIR SCW 5683 VIDE ANNEXURE-B, AND THE PROVISIONS OF DISABILITIES ACT, 1995, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER So far as the prayers made in this petition are concerned, the recruitment on the basis of notification dated 20th July, 2012 is over. Hence, no relief can be granted in this petition.
2. Though we are disposing of the petition, we are not adjudicating the matter on merits. However, if according to the case of the petitioner, proper reservation is not provided for, the petitioner can always file a fresh petition.
3. The writ petition is disposed of with liberty as aforesaid.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*