- 1 - HC-KAR NC: 2025:KHC:31904-DB WA No. 1097 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1097 OF 2024 (S-RES) BETWEEN: 1. SMT ANITHA T W/O. K.SHIVAKUMAR, AGED ABOUT 32 YEARS, NUSGERE VILLAGE, KASABA HOBLI, MALURU TALUK, KOLAR DISTRICT-563130 …APPELLANT (BY SRI KALYAN R, ADVOCATE) AND: 1. CHIEF EXECUTIVE OFFICER KOLAR ZILAPANCHAYATH, KOLAR KOLAR DISTRICT-563130. 2. THE DEPUTY SECRETARY ZILLAPANCHAYATH KOLAR AND MEMBER SECRETARY VILLAGE PANCHAYATH LIBRARIANS SELECTION COMMITTEE KOLAR DISTRICT KOLAR DISTRICT-563130. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31904-DB WA No. 1097 of 2024 3. THE ASSISTANT DIRECTOR TALUKA PANCHAYATH, MALURU, KOLAR DISTRICT-563130. 4. PANCHAYATH DEVELOPMENT OFFICER. NUSGERE GRAMAPANCHAYATH, MALURU TALUKA, KOLAR DISTRICT-563130. 5. SRI MOHAN K. S/O. KUPENDRA, AGED ABOUT 21 YEARS, OCC NIL RESIDING AT NUSGEREVILAGE, HURALAGERE POST, MALURU TALUK, KOLAR DISTRICT-563135. …RESPONDENTS (BY SRI M.BABU RAO, ADVOCATE FOR C/R-5) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN W.P.NO.24532/2023 AND SET ASIDE THE ORDER DATED 10/06/2024 IN WP NO.24532/2023 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY TO DISMISS THE WRIT PETITION. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31904-DB WA No. 1097 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. Issue notice. 2. Mr. M. Babu Rao, the learned counsel accepts notice for caveator/respondent No.5. 3. For the reasons stated in the application-I.A No.2/2024, the same is allowed. The delay in filing the appeal is condoned. 4. The appellant has challenged the order dated 10.06.2024 passed in W.P.No.24532/2023 (S-RES) as well as R.P.No.542/2023. 5. Insofar as the appeal challenging the dismissal of the review petition [ R.P. No. 542/2023 ] is concerned, we find no merit in the same. The appellant had sought a review of the order dated 09.06.2023 passed in W.P.No.15062/2021(S-RES). However, it is apparent that there were no sufficient reasons for review of the - 4 - HC-KAR NC: 2025:KHC:31904-DB WA No. 1097 of 2024 order. The appellant had, essentially, sought to re-agitate the issues, which were considered and decided. Thus, the review petition was beyond the scope of the review petition. 6. Insofar as the appellant's challenge to the impugned order, which relates to the respondent's petition being W.P.No.24532/2023 is concerned, the only question to be examined is whether respondent No.5 had fulfilled the eligibility conditions for being appointed as a Library Supervisor. He had produced a SSLC certificate, which reflected that he had cleared his examination securing 49.12% marks and that his medium of instruction was Kannada. 7. The learned Single Judge noted that, this clearly established that respondent No.5 had satisfied the eligibility criteria. It is the appellant's case that the eligibility criteria also required respondent No.5 to establish that his medium of instruction from Class 1 to Class 9 was Kannada. Respondent No.5 was considered to be ineligible as he had not produced the requisite certificate from the Headmaster, establishing that the medium of instructions from Class 1 to Class 9 was Kannada. - 5 - HC-KAR NC: 2025:KHC:31904-DB WA No. 1097 of 2024 8. The learned counsel appearing for respondent No.5 has handed over two certificates from the Headmaster: one certifying that the medium of instruction from Class 1 to Class 7 as Kannada and second certificate, certifying that his medium of instruction from Class 8 to Class 10 was Kannada. 9. The learned counsel appearing for the appellant submits that providing a certificate at this stage does not comply with the notification as all certificates were to be provided at the requisite stage. 10. The notification dated 07.10.2020, inviting applications for appointment of a Library Supervisor, merely stated that the candidates should have cleared the SSLC examination and that the medium of instruction should be kannada. This condition stood satisfied by respondent No.5 by producing the SSLC certificate, which clearly indicated that the medium of instruction was Kannada. 11. The contention that the appellant was additionally required to produce certificate and that his medium of instruction from Class 1 to Class 9 was also Kannada is not persuasive. This is because - 6 - HC-KAR NC: 2025:KHC:31904-DB WA No. 1097 of 2024 this additional requirement is not borne out by the notification. However, respondent No.5 has also addressed the said issue by producing the photocopies of certificates issued by the Headmaster, clearly certifying that his medium of instruction from Class 1 to Class 10 was Kannada. 12. The marks secured by respondent No.5 were higher than the marks secured by the appellant (who had only secured 40.96%). Respondent no. 5’s standing in order of merit was higher than the appellant. Thus, he was entitled to be appointed as a Library Supervisor instead of the appellant. 13. In view of the above, we find no grounds to interfere with the impugned order. The appeal is accordingly dismissed. 14. Pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS, List No.: 1 Sl No.: 44