- 1 - HC-KAR NC: 2025:KHC:21635-DB WP No. 6399 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 6399 OF 2024 (S-KSAT) BETWEEN: SRI HARISH KUMAR S S/O LATE SATHYANARAYANA T S AGED ABOUT 32 YEARS WORKING AS DALAYATH OFFICE OF THE DG AND IGP NRUPATHUNGA ROAD BENGALURU-01 R/AT RADHA PAYING GUEST 7TH CROSS, VIJAYANAGAR BENGALURU. …PETITIONER (BY SRI. SANDESH KUMAR M., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU-560001. 3. THE INSPECTOR GENERAL OF POLICE (CENTRAL RANGE) PUBLIC UTILITY BUILDINGS 20TH FLOOR, NEAR PLANETARIUM Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21635-DB WP No. 6399 of 2024 MAHATMA GANDHI ROAD BENGALURU-560001. 4. THE SUPERINTENDENT OF POLICE SAGAR MAIN ROAD SHIVAMOGGA-577201. …RESPONDENTS (BY SRI.KHAMROZ KHAN, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS RELATING ORDER BEARING NO.1788/2020, 17/08/2020 DATED 30/05/2022; B) ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 30/05/2022 IN A.NO.1788/2020 PASSED BY KSAT AT BENGALURU, WHICH IS PRODUCED AT ANNEXURE-A TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, aggrieved by order dated 30.05.2022 in Application No.1778/2020 on the file of the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘Tribunal’), whereunder the petitioner’s challenge to endorsement dated 12.03.2019 (Annexure-A11) rejecting his request for appointment under compassionate ground - 3 - HC-KAR NC: 2025:KHC:21635-DB WP No. 6399 of 2024 as Police Constable/Second Division Assistant is rejected is before this Court. 2. Heard learned counsel Sri.Sandesh Kumar.M., for petitioner and learned Additional Government Advocate Sri.Khamroz Khan for respondents. Perused the entire writ petition papers. 3. It is the case of the petitioner that the petitioner is provided with compassionate appointment as Dalayath in the second respondent department. As the petitioner possesses the qualification of 10+2 from KSOU, he would be entitled for appointment as Police Constable/Second Division Assistant based on his qualification. The said request is rejected under impugned endorsement dated 12.03.2019 stating that the qualification of 10+2 from KSOU is not equivalent to PUC in terms of Circular dated 27.01.2015 (Annexure-R1). Questioning the said endorsement, the petitioner was before the Tribunal in Application No.1778/2020 which is - 4 - HC-KAR NC: 2025:KHC:21635-DB WP No. 6399 of 2024 rejected under impugned order dated 30.05.2022. Hence, the present writ petition. 4. Learned counsel appearing for the petitioner reiterated the grounds urged in the writ petition and further he submits that since the petitioner possesses the qualification for appointment as Police Constable/Second Division Assistant, the respondents ought to have considered his case for appointment as such. 5. Learned Additional Government Advocate points out that in terms of Circular dated 27.01.2015, the qualification of 10+2 from KSOU is not equivalent to PUC. As such, the petitioner would not possess the qualification required for appointment as Police Constable/Second Division Assistant. Hence, he prays for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned - 5 - HC-KAR NC: 2025:KHC:21635-DB WP No. 6399 of 2024 order passed by the Tribunal as well as endorsement dated 12.03.2019 (Annexure-A11) issued by the second respondent-Police Department. 7. In terms of Rule 3 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, ‘1996 Rules’), appointment on compassionate grounds shall not be claimed as a matter of right and shall not be given as a matter of course. In the instant case, taking note of the penury of the petitioner, due to death of bread earner, the State provided the petitioner appointment as Dalayath in the second respondent-Police Department. 8. The petitioner who claims that he has qualification of 10+2 from KSOU which is admittedly not equivalent to PUC in terms of the Circular dated 27.01.2015, would possess qualification to hold the post of Second Division Assistant cannot be accepted. Unless one possesses the requisite qualification, he would not be - 6 - HC-KAR NC: 2025:KHC:21635-DB WP No. 6399 of 2024 entitled to claim appointment, for a particular post. In the instant case, as the petitioner is provided with compassionate appointment as Dalayath under 1996 Rules, the petitioner cannot claim as a matter of right a higher post, that too when he does not possesses the requisite qualification. 9. There is no merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 16