- 1 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26834 OF 2023 (S-PRO) BETWEEN: SURESHA M S/O MAHADEVASHETTY AGED ABOUT 37 YEARS WORKING AS MAINTAINER (E & M) IN LINE 1, BMRCL, 3RD FLOOR BMTC COMPLEX, K H ROAD SHANTHINAGAR, BENGALURU 560027 R/AT KOTAMBALLI VILLAGE AND POST CHAMRAJNAGARA 571117. …PETITIONER (BY SRI. PRASAD HEGDE K B., ADVOCATE) AND: 1. THE BENGALURU METRO RAIL CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, BMTC COMPLEX KH ROAD, SHANTHINAGARA BENGALURU 560027. 2. THE DIRECTOR OF ROLLING STOCK ENGINEER (DRSE) BENGALURU METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX K H ROAD, SHANTHINAGAR BENGALURU 560027. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 3. THE GENERAL MANAGER BENGALURU METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX K H ROAD, SHANTHINAGAR BENGALURU 560027. 4. THE DEPUTY GENERAL MANAGER (HR) BENGALURU METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX K H ROAD, SHANTHINAGAR BENGALURU 560027. …RESPONDENTS (BY SRI. K. KRISHNA., ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ANSWER SHEET AND MARKS OF THE PETITIONER IN RESPECT OF THE EXAMINATION CONDUCTED ON 25.04.2023 FROM THE R2 DIRECT THE R2 TO ISSUE PROMOTION ORDER TO THE PETITIONER AS A JUNIOR ENGINEER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 ORAL ORDER 1. In this writ petition, the petitioner has sought for the following releifs: A) Call for the answer sheet and marks of the petitioner in respect of the examination conducted on 25.04.2023 from the respondent No.2. B) Issue an order writ in nature of mandamus directing the 2nd respondent to issue promotion order to the petitioner as a junior engineer. C) Grant such other relief or reliefs as this Hon'ble Court deems fit in the circumstances of the case including cost of this writ petition. 2. The case of the petitioner is that he was appointed as a Maintainer in respondent No.1, Corporation on 08.10.2015. The respondents-Corporation has issued Office Order/Notification dated 27.03.2023 at Annexure-A for filling up vacancies to the Post of Junior Engineer by way of promotion from the cadre of Maintainer. As per the Bangalore Metro Rail Corporation Limited, BMRCL - 4 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 Employees’ Cadre and Recruitment Rules, 2014, (for short ‘the Rules’) produced at Annexure-B, the promotion criteria to the post of Junior Engineer is at Serial No.39. In Serial No.39 of the Schedule, under the column ‘qualification/experience’, it is specified as follows: ‘Promotion: To be eligible for promotion the employee should have put in at least 7 years of service as Maintainer. Selection criteria for promotion is merit in the written examination conducted for the purpose. Should have secured prescribed satisfactory performance assessment in the last 3 years. Knowledge of Kannada essential.” 3. According to the petitioner, the petitioner has completed seven years of service as Maintainer as per the Rules and has taken up the examination conducted by the respondents for ‘promotion to the Post of Junior Engineer’ vide notification Annexure-A. Since the respondents- Corporation has not considered his case for promotion, the petitioner is before this Court. - 5 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 4. As per the officer Order/notification vide Annexure-A issued by the respondents-Corporation for promotion to the Post of Junior Engineer, there are two papers i.e., (i) Part A & B Paper I – Total Marks is 40, qualifying marks for General Category is 20 and for Reserved category is 16. (ii) Part C-Specialized Subject, Paper II, Total marks is 60, qualifying marks for General Category is 36 and for Reserved category is 33. 5. Thereafter, the examination was conducted by respondents-Corporation through an outsourced agency and it was a computer based test. The petitioner has taken up the examination. In the examination, the petitioner has secured 36 marks in Part A & B Paper-I and secured 35 marks in Part C-Paper-II. As per the notification at Annexure-A, the qualifying marks for Part C-Paper-II under General category is 36. Since the petitioner has secured 35 marks in the said paper, he has failed in the examination conducted by the Corporation and hence, his - 6 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 case has not been considered by the Corporation for promotion. 6. This Court on 01.08.2024 had directed the respondents-Corporation to furnish the mark sheet of the petitioner forwarded by ICRIS PAREEKSHA Computer Centre to the Corporation by sealed cover. Pursuant to the order of this Court, the mark sheet of the petitioner has been furnished to this Court by sealed cover. As per the mark sheet of the petitioner produced by the respondents- Corporation, it is very clear that the petitioner has secured 35 marks in Part C – Specialized subject-Paper-II. 7. The respondents-Corporation conducted the examination through an outsourced agency and it is a computer-based test. Hence, no physical question papers or answer sheets were available with the Corporation. In parapraph-2 of the statement of objections filed by the respondents-Corporation, it is mentioned as follows: - 7 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 “2. It is submitted that the first prayer of the petitioner is not maintainable for the reason that the examination was conducted by computer based test and the examination was conducted through an external agency. The respondent's Office is not in possession of question paper and answer sheet. The second prayer of the petitioner for direction regarding his promotion is also not maintainable since the petitioner has not passed in the written examination and he did not secure the qualifying marks. Selection criteria for promotion is clearance of the written examination conducted for the promotion of a maintainer, by securing qualifying marks. The petitioner has secured less than the prescribed qualifying marks. The marks obtained by the petitioner is placed at ANNEXURE-R1. This is an extract from DPC file.” 8. From the records produced by the respondents- Corporation, it is very clear that in Part C-Specialized Subject-Paper-II, the qualifying marks under General Category is 36 and the petitioner has secured 35 marks. Hence, the petitioner is not entitled to seek for the relief of - 8 - HC-KAR NC: 2025:KHC:29646 WP No. 26834 of 2023 promotion. Therefore, the respondents-Corporation has rightly not considered the case of the petitioner for promotion to the post of Junior engineer. 9. In view of the above, there is no error or illegality in the decision taken by the respondents-Corporation. Accordingly, the writ petition is dismissed. 10. The original marks sheet produced by the learned counsel for the respondents-Corporation is returned back and copy of the same is retained in the file. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 51