- 1 - HC-KAR NC: 2025:KHC-D:10610 WP No. 103826 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103826 OF 2024 (S-RES) BETWEEN: SHRI BASARAKODU KARIYAPPA S/O. BASARAKODU DEVENDRAPPA, AGE: 32 YEARS, OCC. PRIVATE WORK, R/O. NEAR ANJINAYYA TEMPLE, MUTUGANAHALLI VILLGE, BASUDAGERI POST, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR-583224. …PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE HON’BLE REGISTRAR GENERAL HIGH COURT OF KARNATAKA, DR. B R AMBEDKAR VEEDHI, BENGALURU-580001. 2. THE HONBLE PRINCIPAL DISTRICT AND SESSIONS COURT BALLARI, BALLARI- 583103. 3. THE CHIEF ADMINISTRATIVE OFFICER PRINCIPAL DISTRICT AND SESSIONS COURT, BALLARI- 583103. 4. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BENGALURU- 580001. …RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R1 TO R3; SRI. P.N. HATTI, HCGP FOR R4) Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10610 WP No. 103826 of 2024 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 27/07/2023, NOTIFICATION NO.14/2023 AT ANNEXURE-E, PASSED BY THE RESPONDENT NO.2.B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 3 TO APPOINT THE PETITIONER FOR THE POST OF PEON AS PER THE NOTIFICATION DATED 17/11/2022 NOTIFICATION NO.24/2022/ADM AT ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ in the nature of Certiorari quashing the order dated 27/07/2023, Notification No.14/2023 at Annexure-E, passed by the Respondent No.2. b) Issue a writ in the nature of Mandamus directing the Respondent No.1 to 3 to appoint the Petitioner for the post of Peon as per the notification dated 17/11/2022 Notification No.24/2022/ADM at Annexure-D. c) Any other reliefs this Hon’ble Court deems fit may please be granted in favour of the present Petition. 2. The petitioner is a resident of Hagaribommanhalli Village, Vijayanagar District. He studied up to 8th standard at the Government School, Basudageri Post. Owing to the poor financial condition of his - 3 - HC-KAR NC: 2025:KHC-D:10610 WP No. 103826 of 2024 family, the petitioner was unable to continue his education and had to discontinue his studies during the academic year 2005-2006. Subsequently, during the academic year 2020-2021, the petitioner appeared for SSLC examination conducted by the Karnataka Secondary Education Examination Board as out-of-school candidate and secured 563 out of 625 marks, i.e., approximately 90.08%. 3. Pursuant to notification issued by respondent No.2 inviting applications for appointment to the post of peon in Ballari District, the petitioner submitted his application claiming the benefit of a rural candidate. However, the said benefit was denied to him on the ground that he had studied only up to 8th standard in rural area, and his 10th standard education was completed through correspondence. It was thus held that the petitioner had not studied continuously up to 10th standard in a rural area. - 4 - HC-KAR NC: 2025:KHC-D:10610 WP No. 103826 of 2024 Aggrieved by the said rejection, the petitioner is before this Court. 4. It is not in dispute that the petitioner has studied upto 8th standard in a rural district. He dropped out from the school in the 8th standard. After 8th standard, he did not take up his education for the 9th standard. It is only in the year 2020-2021 that an opportunity having been provided, the petitioner took up correspondence classes for 10th (SSLC), which he has cleared with outstanding marks. 5. Even perusal of the SSLC certificate would indicate that the petitioner had taken up his examination in Government High School (R.M.S.A.), Chilugodu, Hagaribommanahalli Taluk, Ballari District. Thus, as per the SSLC Certificate, it appears that firstly he is a private repeater; secondly he is a out of school candidate; and thirdly the school where he has - 5 - HC-KAR NC: 2025:KHC-D:10610 WP No. 103826 of 2024 taken up the examination, in Chilugodu being in rural area. 6. That being so, the respondents in my opinion could not have taken such a hyper technical view and denied the petitioner for consideration as a rural candidate when the petitioner had studied upto 8thcstandard in a rural area and also took up his examination for the 10th standard in a rural area. 7. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued. The order dated 27.06.2023 at Annexure-E passed by respondent No.2 is quashed. iii. Respondent Nos.1 to 3 are directed to consider the candidature of the petitioner as a rural candidate by giving weightage to the SSLC certificate of the petitioner, subject to all other - 6 - HC-KAR NC: 2025:KHC-D:10610 WP No. 103826 of 2024 criteria being satisfied, as also all verification being done. Sd/- (SURAJ GOVINDARAJ) JUDGE VB upto para 2, SH CT:PA List No.: 1 Sl No.: 33