- 1 - HC-KAR NC: 2025:KHC:32799-DB WP No. 28836 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28836 OF 2023 (S-KSAT) BETWEEN: SRI. SHASHIKUMAR G N S/O NAGARAJAPPA G N AGED ABOUT 30 YEARS R/AT GOWRAGANAHALLI VILLAGE HULIKUNTE POST, KORTAGERE TQ TUMAKURU DISTRICT-572129. …PETITIONER (BY SRI. RAVIKUMARA B. R., ADV.) AND: 1. KARNATAKA STATE POLICE RECRUITMENT OFFICE CARLTON HOUSE, PALACE ROAD BENGALURU-560001. 2. THE ADDL. DIRECTOR GENERAL OF POLICE RECRUITMENT, CARLTON HOUSE PALACE ROAD, BENGALURU-560001. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE RECRUITMENT AND COORDINATOR CARLTON HOUSE, PALACE ROAD BENGALURU-560001. 4. COMMANDANT OFFICE REP. BY COMMANDANT 12TH BATTALION, KSRP TUMKUR-572101. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32799-DB WP No. 28836 of 2023 19.04.2023 PASSED BY THE KAT BENGALURU IN A.NO-1550/2023 (UNDER ANNEXURE-A TO THE WP) BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND SUCH OTHER APPROPRIATE WRIT; QUASH THE ENDORSEMENT DATED 07.02.2023 VIDE ANNEXURE-A2 TO WRIT PETITION BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND SUCH OTHER APPROPRIATE WRIT 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 K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioner, a non-selected candidate for the post of Reserved Police Constable is before this Court questioning the order dated 19.04.2023 in Application No.1550/2022 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) rejecting the petitioner’s application wherein he had questioned his non- selection to the post of Reserved Police Constable. 2. Heard learned counsel Sri.Ravikumara.B.R., for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 to 4. Perused the entire writ petition papers. - 3 - HC-KAR NC: 2025:KHC:32799-DB WP No. 28836 of 2023 3. Learned counsel for the petitioner would submit that the petitioner belongs to Scheduled Caste category and he was before the Tribunal questioning the answer provided to Question No.53. It is submitted that the petitioner answered ‘(d)’ to the multiple choice question at Sl.No.53 and the key answer provided by the respondent No.1 at the initial stage was ‘(d)’. It is submitted that subsequently, the answer was changed to ‘(b)’. By virtue of changing the answer from ‘(d)’ to ‘(b)’, the petitioner was deprived of 1.25 marks and he was out of selection zone. Thus, learned counsel would submit that the first respondent – Recruiting Authority could not have changed the answer and moreover, he submits that the petitioner has submitted representation justifying that the answer to the question No.53 would be ‘(d)’ and not ‘(b)’, which the Recruiting Authority has failed to consider. Learned counsel would further submit that the expert opinion is contrary and opposed to the material placed on record by the petitioner. Further, learned counsel would submit that if the petitioner is awarded with 1.25 - 4 - HC-KAR NC: 2025:KHC:32799-DB WP No. 28836 of 2023 marks to question No.53, he would be within the zone of selection. Learned counsel would further submit that the Tribunal failed to consider the grounds urged by the petitioner and only on the ground that the Tribunal is not an expert and the answer provided by the expert committee cannot be gone into by the Tribunal could not have rejected the application. Thus, learned counsel would pray for allowing the writ petition. 4. 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 order passed by the Tribunal for the following reasons: The judicial intervention under Article 226 of the Constitution of India in the matter of written examination, that too, when it involves experts in the field is very limited. Unless the petitioner establishes unreasonableness or point out that answer provided is patently wrong by placing on record the cogent material, the Court would be slow in interfering with such matters. - 5 - HC-KAR NC: 2025:KHC:32799-DB WP No. 28836 of 2023 5. In the instant case, the petitioner submits that the answer to the question No.53 would be ‘(d)’ and not ‘(b)’, as revised by the first respondent. The question No.53 reads as follows: “53. If radius of circle is tripled, then area of circle will be increased by (a) 100% (b) 200% (c) 400% (d) 800%” 6. While publishing the key answer at the initial stage, the first respondent – Authority for question No.53, declared (d) as correct answer. It is stated that the first respondent received many objections to question No.53 and considering those objections, question No.53 was referred to the expert body and it is stated that the expert body pointed that correct answer would ‘(b)’. Taking note of the experts opinion, the first respondent revised the key answer as ‘(b)’. 7. The petitioner has not placed on record material or the expert opinion in support of his contention that the - 6 - HC-KAR NC: 2025:KHC:32799-DB WP No. 28836 of 2023 answer for question No.53, ‘(d)’ would be correct. When there is no other material in support of the petitioner’s contention that answer ‘(d)’ be correct, this Court would not go into the correctness or otherwise of the answer provided by the experts. 8. The Tribunal placing reliance on the decision of the Hon'ble Apex Court as well as Co-ordinate Bench of this Court, has rightly come to the conclusion that it is not permissible for the Tribunal to sit over the expert opinion and decide the same. 9. We do not find any merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms: List No.: 1 Sl No.: 15