- 1 - HC-KAR NC: 2025:KHC-D:10987 WP No. 103505 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103505 OF 2022 (S-RES) BETWEEN: 1. SMT. SHIVALEELA W/O. NAGAPPA BODKIYAWAR, AGE: 46 YEARS, OCC. WORKING AS A COOK AT GOVT. POST METRIC GIRLS HOSTEL, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. 2. SRI. SHIVANAND S/O. BASAVARAJ MATOLLI, AGE: 22 YEARS, OCC. WORKING AS A COOK AT B.C.M. BOYS HOSTEL, KITTUR, TQ. BAILHONGAL, DIST. BELAGAVI-591115. 3. SRI. VINOD F. MADOLLI AGE: 27 YEARS, OCC. WORKING AS A ASST. COOK AT B.C.M. BOYS HOSTEL, MUNAVALLI, TQ. SAVADATTI, DIST. BELAGAVI-591117. 4. SMT. VANITA W/O SADASHIVA HEBBAL, AGE: 34 YEARS, OCC. WORKING AS A KITCHEN ASSISTANT AT B.C.M. GIRLS HOSTEL, MUNAVALLI, TQ. SAVADATTI, DIST. BELAGAVI-591117. 5. SANGEETA D/O SIDDAPPA MULLUR, AGE: 24 YEARS, OCC. WORKING AS A COOK AT B.C.M. GIRLS HOSTEL, MUNAVALLI, TQ. SAVADATTI, DIST. BELAGAVI-591117. 6. NIRMALA W/O RAYAPPA PATIL, AGE: 29 YEARS, OCC. WORKING AS A Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10987 WP No. 103505 of 2022 COOK AT B.C.M. POST-METRIC BOYS HOSTEL, HOOLIKATTI, TQ. SAVADATTI, DIST. BELAGAVI-591126. 7. MUTTAPPA SIDDAPPA HOSAMANI AGE: 22 YEARS, OCC. WORKING AS A COOK AT B.C.M. POST-METRIC BOYS HOSTEL, HOOLIKATTI, TQ. SAVADATTI, DIST. BELAGAVI-591126. 8. CHETAN S/O MARUTI VANNUR, AGE: 29 YEARS, OCC. WORKING AS A ASST. COOK AT B.C.M. PRE-METRIC BOYS HOSTEL, KADABI, TQ. SAVADATTI, DIST. BELAGAVI-591129. 9. MANJUNATH D. TALLUR AGE: 22 YEARS, OCC. WORKING AS A ASST. COOK AT B.C.M. PRE-METRIC BOYS HOSTEL, SUTAGATTI, TQ. SAVADATTI, DIST. BELAGAVI-591243. …PETITIONERS (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF SOCIAL WELFARE, VIKASA SOUDHA, BENGALURU-560001. 3. THE SECRETARY BACKWARD CLASSES WELFARE DEPARTMENT, 3RD FLOOR, DEVARAJ URS BHAVAN, MILLERS TANK ROAD, VASANTHA NAGAR, BENGALURU-560052. - 3 - HC-KAR NC: 2025:KHC-D:10987 WP No. 103505 of 2022 4. THE DISTRICT APPOINTING AUTHORITY AND DEPUTY COMMISSIONER, BELAGAVI, OFFICE OF THE DEPUTY COMMISSIONER, BELAGAVI. 5. THE DISTRICT OFFICER BELAGAVI DISTRICT BACKWARD CLASSES WELFARE DEPARTMENT, NEAR D.C. OFFICE, BELAGAVI. 6. RAM COMPUTERS R/BY ITS PROPRIETOR NO.4370/B1, SIDDARAMAYYA NILAYA, NEAR COURT COMPOUND, CHAVAT GALLI, BELAGAVI-590001. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI HOLDING THE PROCESS OF DIRECT RECRUITMENT FOR GROUP-D 1547 VACANT POSTS OF COOKS AND 2470 VACANT POSTS OF ASSISTANT COOKS TO THE PRE- METRIC, POST-METRIC AND PROFESSIONAL HOSTELS OF BACKWARD CLASSES WELFARE AND SOCIAL WELFARE DEPARTMENTS VIDE NOTIFICATION BEARING GO NO.BCW 90 BET 2016 (PART-2) BENGALURU DATED 29.09.2016 VIDE ANNEXURE-C AS UNCONSTITUTIONAL AND UNLAWFUL. II. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO TERMINATE/REMOVE THE PETITIONERS FROM THE PRESENT WORKING POSTS UNDER RESPONDENT NO.2 AND 3 TILL DISPOSAL OF THE ABOVE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10987 WP No. 103505 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ in the nature of Certiorari holding the process of direct recruitment for Group-D 1547 vacant posts of cooks and 2470 vacant posts of Assistant Cooks to the Pre-Metric, Post-Metric and professional Hostels of Backward Classes Welfare and Social Welfare Departments Vide Notification bearing GO No.BCW 90 BET 2016 (part-2) Bengaluru dated 29.09.2016 vide Annexure-C as unconstitutional and unlawful. ii. Issue a Writ of Mandamus directing the Respondents not to terminate/remove the petitioners from the present working posts under respondent no.2 and 3 till disposal of the above writ petition, in the interest of justice and equity. iii. Issue any other order/ direction deemed fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. Learned counsel for the petitioners submits that he would not wish to press prayer No.1. Hence, prayer No.1 is deleted from the petition. Learned counsel for the petitioners to carryout necessary endorsement in the petition. - 5 - HC-KAR NC: 2025:KHC-D:10987 WP No. 103505 of 2022 3. Learned counsel for the petitioners submits that the petitioners have been working with the respondents for last 9 years and as such, it is apprehended that the respondents may terminate the services of the petitioners. 4. A perusal of the documents indicates that the petitioners have not been permanently appointed to any post, but have been engaged on a contract basis. If at all the petitioners have any grievance, they could always request the respondents to regularize their employment. Reserving liberty to the petitioners to submit necessary representations in that regard, which is directed to be considered by the respondents in accordance with law, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA LIST NO.: 1 SL NO.: 78