SRI V DEVARAJA vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 31761 OF 2026 (S-KSAT)
BETWEEN:
SRI. V. DEVARAJA,
S/O VENKATASWAMY,
AGED ABOUT 46 YEARS,
R/AT CHATRAKODIHALLI VILLAGE,
BEGIHOSAHALLI, BANGARAPET,
KOLAR TALUK,
KOLAR DISTRICT - 563 101.
…PETITIONER
(BY SRI. VIVEKANANDA N., ADVOCATE)
AND:
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, 6TH FLOOR, M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORMS
(SERVICE RULES - 1), VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
BENGALURU - 560 001.
3. THE COMMISSIONER
DEPARTMENT OF SCHOOL EDUCATION,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
4. THE SELECTION AND RECRUITMENT
AUTHORITY AND DISTRICT DEPUTY DIRECTOR
(ADMINISTRATION)
DEPARTMENT OF SCHOOL EDUCATION
BENGALURU NORTH DISTRICT,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001.
5. THE SELECTION AUTHORITY
AND DIVISIONAL ASSISTANT DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION,
OFFICE OF THE COMMISSIONER,
K.G. ROAD,
BENGALURU - 560009.
…RESPONDENTS
(BY SRI. S.C. DESHMUKH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE ORDER DATED 28.09.2026
PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BENGALURU ON THE INTERIM PRAYER IN
APPLICATION No. 4426 OF 2026, VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Learned AGA accepts notice for respondent Nos.1 to
5.
2. Heard learned counsel Sri.Vivekananda.N for
the petitioner and learned AGA Sri.S.C.Deshmukh for
respondents. Perused the entire writ petition papers.
3. The petitioner is before this Court questioning
the interim order dated 28.09.2026 in Application
No.4426/2026 passed by the Karnataka State
Administrative Tribunal, Bengaluru, rejecting petitioner's
interim prayer to stay the recruitment process under
notification dated 11.08.2026 (Annexure-A1 and A2)
insofar as it denies the benefit of one time age relaxation
in terms of Government order dated 29.01.2026
(Annexure-A3) and to direct the respondent Nos.4 and 5
to permit the petitioner to submit his application in terms

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
of notification dated 11.08.2026 at Annexures - A1 and
A2. Learned counsel for the petitioner would submit that
the petitioner is aged 46 years and he is an aspirant for
the post of Graduate Primary School Teacher as well as
Secondary School Assistant Teacher. It is the grievance of
the petitioner that the notification inviting application
prescribes age limit of 40 years for General merit, 43
years for category 2A, 2B, 3A and 3B and 45 years for SC,
ST, Category-1 and physically challenged candidates in
terms of Government order dated 29.01.2026 (Annexure-
A3). The Government has provided age relaxation by 5
years as one time measure for the recruitments to be
made between 29.01.2026 to 31.12.2026. It is contended
that the benefit of the Government order dated
29.01.2026 is not extended to the present recruitment
notification, which is wholly arbitrary and unreasonable.
4. However, learned AGA would support the order
passed by the Tribunal and would further submit that in
terms of amended C & R Rules, while prescribing the age

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
limit, the Government order dated 29.01.2026 is taken
note of and age limit is prescribed. Thus, he would pray
for dismissal of the writ petition.
5. Having heard the learned counsels for the
parties and on perusal of the entire writ petition papers,
we are not inclined to interfere with the interim order
passed by the Tribunal. The Tribunal has taken note and
answered every contention of the petitioner. The Tribunal
at paragraph Nos.8 and 9 has recorded the reasons as
follows:
8. This age limit prescribed in Karnataka Education
Department Special Rules, 2026, is 05 years more that
what was originally mentioned in KCS(GR) Rules, 1977.
Therefore, at this stage and prima-facie it cannot be
accepted that the respondents have not considered the
G.O. dated 21.09.2026 in prescribing the upper age limit
in Karnataka Education Department Special Rules, 2026.
9. Learned counsel for the applicants in order to
substantiate his argument on the interim prayer has also
relied upon a Notification for Recruitment to the post of
Group-C Teachers in Residential Schools (Morarji
Desai/Kittur Rani Chennamma/Atal Bihari Vajapeyi/Smt.
Indiragandi/Dr. B.R.Ambedkar Residential Schools)
coming under Karnataka Residential Educational
Institutions Society, a copy of which Notification dated
10.07.2026 is produced at Annexure-A9, he drew our
attention to point No.2 in the said Notification and
submitted that specifically referring to the G.O.No.

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
¹D¸ÀÄE.262.¸Éãɤ.2025
dated 29.01.2026, a 05 years relaxation
has been granted in the upper age limit, thus, prescribing
the upper age limit for SC/ST/Category-1 candidates- 50
years, for Categories IIA/IIB/IIIA/IIIB-48 years and for
General Merit 45 years, as such in the case on hand also
the same age limit criteria is required to be followed.
No doubt, Annexure-A9 has prescribed the upper
age limit at 50/48/45 years as above. However, what
cannot be ignored is that as per Karnataka Residential
Educational Institutions Society (Cadre and Recruitment)
Regulation, 2011 as shown in Schedule-I to the said
regulation, for the post of Teachers in different subjects
from Sl.Nos.28 to 31 therein original maximum age limit
was fixed for SC/ST/Category-I of Backward Classes as 45
years, for Categories IIA/IIB/IIIA/IIIB of OBC as 43 years
and for General 40 years. Thus, much before the issuance
of G.O. dated 29.09.2025 and introduction of G.O. dated
29.01.2026, the regulation had provided the maximum
age limit at 45/43/40 years. As such after giving the
benefit of the G.O. dated 29.01.2026 the maximum age
limit was shown as 50/48/45 years respectively in
Annexure-A9. Therefore, the said notification at
Annexure-A9 cannot be considered as a precedent for
fixing the very same maximum age limit in the case on
hand.
6. Moreover, it is seen that in terms of Annexure-
A4, notification dated 10.08.2026 Karnataka Education
Department Services (Department of Public Instruction)
(Recruitment to Certain Teaching Posts) (Special) Rules,
2026 were promulgated and the said special Rules
prescribes age limit for the Graduate Primary School
Teachers as well as Secondary School Assistant Teachers.

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HC-KAR
NC: 2026:KHC:58699-DB
WP No. 31761 of 2026
CNR: KAHC010698832026
The Tribunal taking note of the material on record was
justified in holding that the petitioner has not made out
any prima-facie case to grant interim order. We are not
inclined to interfere with the said interim order.
7. However, the Tribunal shall consider the case of
the petitioner, not being influenced by any of the findings
given while making the interim order or any of the findings
dismissed
of this Court. Accordingly, the writ petition is .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
List No.: 1 Sl No.: 13