- 1 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.10793 OF 2024 (S-KSAT) BETWEEN: 1. SRI. V SHESHANNA S/O V NAGAPPA, AGE 58 YEARS, OCC TRAINING OFFICER, R/O H NO.239, WARD NO.28, NEAR KENDRIYA VIDYALAYA, RAMNAGAR,BANDI HATTI POST, COWL BAZAR, BALLARI – 583 102. 2. SHRI KOTRESH D S/O SIDDAPPA D, AGE 51 YEARS, OCC TRAINING OFFICER, R/O GOVT ITI COLLEGE, ANEGUNDI ROAD, TQ GANGAVATHI, DIST KOPPAL – 583 223. 3. SHRI RANGA MUNJE S/O TUKKAPPA, AGE 50 YEARS, OCC TRAINING OFFICER, R/O H NO.264, 15TH CROSS, SIDDALINGESHWAR NILAY, TQ HUBBALLI DIST. DHARWAD. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 NAVANAGAR, HUBBALLI – 580 025. 4. SHRI PARASHURAM RAJANIKAR S/O YOGENDRA RAJANIKAR, AGE 50 YEARS, OCC TRAINING OFFICER, R/O AT POST, NAGATHAN, TQ/DIST. VIJAYAPURA – 586 112 5. SHRI VITHALSING RAJAPUR S/O CHHATRASING RAJAPUT, AGE 50 YEARS, OCC TRAINING OFFICER, R/O AT POST, SAVALASANG, TQ INDI, DIST VIJAYAPUR 586 117 6. SHRI VEERESH P M S/O MAHADEVAPPA P, AGE 46 YEARS, OCC TRAINING OFFICER, R/O GOVT ITI COLLEGE, HADADI ROAD, DAVANAGERE, DAVANAGARE – 577 004. 7. SHRI BUDAYYA HUBBALLI S/O BASAYYA HUBBALLI, AGE 49 YEARS, OCC TRAINING OFFICER, R/O FLAT NO.52, SWASTIK APARTMENT, 9TH CROSS, BHAGYA NAGAR, TQ/DIST. BELAGAVI, BELAGAVI – 590 016. …PETITIONERS (BY SRI. BABU RAO M, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, - 3 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 DEPARTMENT INDUSTRIAL TRAINING AND EMPLOYMENT, VIKAS SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE COMMISSIONER DEPARTMENT INDUSTRIAL TRAINING AND EN EMPLOYMENT, KOUSHALYA BHAVAN, BANNERGHATTA ROAD, BENGALURU – 560 029. 3. THE DIRECTOR DEPARTMENT INDUSTRIAL TRAINING AND EMPLOYMENT, KOUSHALYA BHAVAN, BANNERGHATTA ROAD, BENGALURU – 560 029. 4. SHRI RAYANAGOUDA GOUDAR S/O MAHADEVAPPA GOUDAR, AGE 51 YEARS, OCC TRAINING OFFICER, R/O H NO.46, GANGADHAR NAGAR, GAMANAGATTI ROAD, NAVANAGAR, TQ HUBBALLI, DIST. DHARWAD HUBBALLI – 580 025. 5. SHRI MURIGEYYA HUKUMNAL S/O NINGAYYA HUKUMNAL, AGE 57 YEARS, OCC TRAINING OFFICER. R/O H NO.264, 15TH CROSS, SIDDALINGESHWAR NILAY, TQ HUBBALLI, DIST DHARWAD, NAVANAGAR, HUBBALLI – 580 025. 6. SHRI KALLAPPA ITAGI S/O BASAVANNEPPA ITAGI, AGE 53 YEARS, OCC TRAINING OFFICER, R/O AT POST, - 4 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 HIREBAGEWADI, TQ/DIST. BELAGAVI – 591 109 7. SHRI LAXMAN Y TALAWAR S/O YAMANAPPA TALAWAR, AGE 50 YEARS, OCC TRAINING OFFICER, R/O GOVT ITI COLLEGE, TQ/DIST. GADAG – 582 101. 8. SHRI CHANASANGAPPA GADED S/O KUDLAPPA GADED, AGE 50 YEARS, OCC TRAINING OFFICER, R/O HEMANTH D KULKARNI H NO.48, NEAR APPOLO PHARMACY, RAJ NAGAR, NORTH BEHIND NAYAK CHEMBAR, HUBBALLI – 580 021. 9. SHRI MAHADEV SARJAPUR S/O KALLAPPA SARJAPUR, AGE 52 YEARS, OCC TRAINING OFFICER, R/O H NO.47, WARD NO.35, BABU JAGAJEEVANRAM COLONY, VIJAYAPUR – 586 102. 10. SHRI NOORANDAYYA MATHAPATI S/O PANCHAYYA MATHAPATI, AGE 49 YEARS, OCC TRAINING OFFICER, R/O PLOT NO.131, AISHWARYA NAGAR, ASHRAM ROAD, VIJAYAPUR – 586 103. …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1, R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE WRIT OF - 5 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION QUASHING THE ORDER DATED 03/11/2023 IN APPLICATION NO.10930/2023, 10932/2023, 10934/2023, 10936/2023, 10939/2023, 10940/2023 AND 10941/2023 PASSED BY THE KSAT, BENGALURU AS PER ANNEXURE-A; b) ISSUE ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioners are before this Court under Article 226 of Constitution of India aggrieved by the order dated 03.11.2023 in Application Nos.10930-10943/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal') rejecting the petitioners’ request for mandamus to consider their promotion as requested under representation dated 17.08.2023. 2. Heard Sri.Babu Rao M., learned counsel for the petitioners and Sri.B.Ravindranath, learned AGA for - 6 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 respondent Nos.1 to 3 and perused the entire writ petition papers. 3. Learned counsel for the petitioners would submit that the petitioners are working as Training Officers in the Department of Industrial Training and they are eligible for promotion to the next higher cadre. It is submitted that petitioners are working in same cadre for the last 25-30 years without any promotion. Therefore, petitioners requested the State authorities to consider their cases for promotion which was pending with the respondents and the petitioners had approached the Tribunal seeking for a writ of mandamus to consider their representation for promotion. Learned counsel would submit that the Tribunal erred in refusing to issue writ of mandamus and learned counsel would submit that observation of the Tribunal during the course of the order is opposed to the material on record. Thus, he prays for allowing the writ petition. - 7 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 4. Per contra, Sri.B.Ravindranath, learned AGA would submit that petitioners would not possess requisite qualification for promotion and as such, their request cannot be considered. Hence, he prays for dismissal of the writ petition. 5. On hearing the learned counsels for the parties and on perusal of the entire writ petition papers, we are not inclined to entertain the writ petition. 6. A writ of mandamus would be issued where the petitioners establish their legal right and where the respondents fail to perform their statutory or legal duty. In the instant case, the petitioners have submitted representation seeking promotion to the cadre of Principal Grade-2. The petitioners have not placed on record any material to establish their right or to establish that they possess the requisite qualification to consider their case for promotion. In the absence of material to indicate the eligibility of the petitioners for promotion to the next - 8 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 higher cadre, the Tribunal is justified in rejecting their request for mandamus. The Tribunal at paragraph Nos.8 and 9 has observed as follows:- “8. Mere possessing requisite long years of service is insufficient to be considered for promotion unless the applicants have fulfilled the eligibility criteria for promotion as prescribed for the promotion post. Also the fact that the applicants are close to the age of retirement is also an irrelevant factor in determining their eligibility for promotion. The applicants have not made out any case though appropriate pleadings regarding their eligibility for promotion to the higher cadre. 9. Another contention is about the recognition of CITS course for recruitment in the Central Government. This contention is wholly irrelevant to the case of the applicant. The C&R rules governs the issue of promotion to civil posts and Civil service of the State. The eligibility criteria fixed in the Central Government does not give any claim to the applicants to insist on the same in regard to the posts in the State Civil service or civil posts in the State unless it is incorporated in the C&R rules of the State appropriately.” The above clearly indicates that the petitioners would not possess qualification in terms of C & R Rules for promotion. - 9 - HC-KAR NC: 2025:KHC:26706-DB WP No. 10793 of 2024 7. In view of the above, we do not find any merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/-, List No.: 1 Sl No.: 12