- 1 - NC: 2025:KHC:7989 WP No. 20180 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 20180 OF 2022 (S-RES) BETWEEN: SMT. SHASHIKALA W/O KRISHNA. D, AGED ABOUT 40 YEARS ‘D’ GROUP EMPLOYEE, OFFICE OF THE CIVIL JUDGE AND JMFC PANDAVAPURA – 571 434, MANDYA DISTRICT. …PETITIONER (BY SRI. SHAILENDRA. M.R, ADVOCATE) AND: 1. THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU – 560 001. 2. CHIEF ADMINISTRATIVE OFFICER THE DISTRICT AND SESSIONS COURT MANDYA DISTRICT, MANDYA – 572 401. 3. THE CIVIL JUDGE AND JMFC PANDAVAPURA – 571 434 MANDYA DISTRICT. …RESPONDENTS (BY SRI. SUHAS.G, ADVOCATE FOR SRI. SOMANATHA. H, ADVOCATE FOR R1 – R3) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7989 WP No. 20180 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO. TC.TO.NO. ADMN/2181/2022 DATED. 25.07.2022 ISSUED BY THE R-2 AT ANNEXURE-N IN SO FAR PETITIONER IS CONCERNED AS BEING ARBITRARY AND ILLEGAL WITH A FURTHER DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF PETITIONER FOR PROMOTION TO THE CADRE OF PROCESS SERVER WITH EFFECT FROM THE DATE HER JUNIORS ARE PROMOTED IN SO FAR PETITIONER IS CONCERNED WITH ALL CONSEQUENTIAL BENEFITS, INCLUDING THE MONETARY BENEFITS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, working as Peon in the Court of Civil Judge and JMFC., Pandavapura is before this Court questioning the endorsement bearing No.TC.To.No.ADMN/2181/2022 dated 25.07.2022 (Annexure-N) under which, petitioner’s request for promotion is not considered on the ground that petitioner would not possess qualification prescribed for promotion i.e., pass in SSLC. 2. Heard learned counsel Sri.Shailendra.M.R., for petitioner and learned counsel Sri.Suhas.G., for - 3 - NC: 2025:KHC:7989 WP No. 20180 of 2022 Sri.Somanatha.H., learned counsel for respondent Nos.1 to 3. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner is working as Peon in the third respondent and her request for promotion to the next higher cadre of Process Server is rejected solely on the ground that petitioner has not passed SSLC, which is required in terms of the Karnataka Sub-ordinate Courts (Ministerial and Other Posts) (Recruitment) (Amendment) Rules, 2021 (for short, ‘2021 Rules’) notified under notification dated 06.03.2021. It is submitted that many of the petitioner’s juniors are promoted as Process Servers. 4. Learned counsel for the petitioner has placed on record memo dated 21.02.2025 enclosing representation dated 23.01.2023 as well as copy of SSLC marks card. Referring to said memo, it is submitted that the petitioner passed SSLC Examination during June 2022 i.e., on 21.07.2022. Learned counsel Sri.M.R.Shailendra would submit that the petitioner has also submitted - 4 - NC: 2025:KHC:7989 WP No. 20180 of 2022 representation dated 23.01.2023 enclosing SSLC Marks Card requesting the second respondent to consider her case for promotion to the cadre of Process Server. It is the grievance of the petitioner that case of the petitioner for promotion is not being considered. Hence, he prays for allowing the writ petition. 5. Per contra, learned counsel Sri.Suhas.G., for Sri.Somanatha.H., learned counsel for respondent Nos.1 to 3 would submit that while considering the case of juniors of petitioner for promotion to the cadre of Process Server, the petitioner did not possess qualification in terms of Cadre and Recruitment Rules and submits that for promotion to the cadre of Process Server from the cadre of Peon, one should have passed SSLC. Since the petitioner had not passed SSLC, her case was not considered for promotion. Thus, he justifies the action of the respondents. 6. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am - 5 - NC: 2025:KHC:7989 WP No. 20180 of 2022 of the view that petitioner has passed SSLC in July 2022 and submitted representation dated 23.01.2023 enclosing SSLC marks card, hence she would be entitled for a direction to the respondents to consider the said representation wherein the petitioner has sought for promotion. 7. The Cadre and Recruitment Rules i.e,. amended 2015 Rules for promotion to the post of Process Servers requires pass in SSLC examination or equivalent qualification and must have put in service not less than three years in the lower cadre or any of the cadres in Group-D service. As on this date, petitioner has passed SSLC, as evidenced from the marks card enclosed to the representation dated 23.01.2023. The petitioner is qualified for promotion to the post of Process Servers in terms of 2015 Rules. Therefore, petitioner would be entitled for a mandamus. Hence, the following: - 6 - NC: 2025:KHC:7989 WP No. 20180 of 2022 ORDER a) The respondent No.2 is directed to consider the representation of the petitioner filed before the Court along with memo dated 21.02.2025 enclosing copy of SSLC marks card and representation dated 23.01.2023 and consider her case for promotion to the post of Process Server, if she is otherwise eligible and if vacancy is available, in terms of 2015 Rules and pass appropriate order within a period of three months from today. b) In terms of the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 48