- 1 - HC-KAR NC: 2025:KHC:54003-DB WA No. 674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 674 OF 2025 (S-RES) BETWEEN: S CHANDRASHEKAR, S/O. SIDDALINGAPPA, AGED ABOUT 38 YEARS, R/O CHIMANGALA GRAMA, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 101. …APPELLANT (BY SRI. BASAVARAJA PATEL G K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF PANCHAYATH RAJ VIDHAN SOUDHA, BENGALURU - 560 001. 2. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, CHIKKABALLAPURA-562 101. 3. CHIMANGALA GRAMA PANCHAYATH, SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT- 562 101 BY ITS SECRETARY. - 2 - HC-KAR NC: 2025:KHC:54003-DB WA No. 674 of 2025 4. SRI. M. NAGESHA S/O. SRI. MUNISHAMAPPA, AGED ABOUT 30 YEARS, R/AT BIMANGALA GRAMA, SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT- 562101. …RESPONDENTS (BY SRI. MOHAMMAD JOFFAR SHAH, AGA FOR R1, R2 & R3 SERVED AND UNREPRESENTED, SRI. V.K. NARAYANASWAMY FOR C/R4) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (i) CALL FOR THE RECORDS RELATING TO THE ORDER DT. 11.03.2025 MADE IN WP No. 8859/2019, PERUSE THE SAME AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE AS ERRONEOUS AND (ii) SET ASIDE THE ORDER DATED 11.03.2025 IN WP No. 8859/2019 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed by the appellant against the judgment and order dated 11.03.2025 passed by the learned Single Judge in W.P.No.8859/2019, whereby the selection and appointment of the appellant as Bill Collector has been quashed and the petitioner before the writ court has been - 3 - HC-KAR NC: 2025:KHC:54003-DB WA No. 674 of 2025 directed to be appointed as Bill Collector in the Chimangala Grama Panchayath, Siddlaghatta Taluk, Chikkaballapura district/respondent No.3. 2. The parties are referred to as per their ranking in the writ petition for the sake of convenience. 3. The respondent No.3/Panchayath had invited applications from eligible candidates for the post of Bill Collector. The essential qualification prescribed for the post was to be pass in PUC and training in computers. The petitioner before the writ court belonged to the Scheduled Caste category and he had completed his Bachelors Degree in Arts. The petitioner was also an applicant to the post of Bill Collector like the respondent No.4/appellant herein. The respondent No.3 finalised the list of candidates, which would disclose that the petitioner had secured 486 marks, while the respondent No.4/appellant had secured only 316 marks in qualifying examination. 4. The respondent No.3/Panchayath had passed the resolution appointing the respondent No.4/appellant as Bill Collector on the ground that the respondent No.4 was residing - 4 - HC-KAR NC: 2025:KHC:54003-DB WA No. 674 of 2025 within the limits of the Panchayath. The petitioner had submitted an application to the respondent Nos.2 and 3 on 23.01.2019 seeking information as to why he was not selected, despite he having secured 486 marks, though the respondent No.4/appellant had secured only 316 marks in the qualifying examination. The respondent No.2/Chief Executive Officer of Zilla Panchayath directed respondent No.3/Panchayath to hold an enquiry and submit the report. Despite this direction, respondent No.3 did not take any action and therefore the petitioner had to file the writ petition challenging the appointment of the respondent No.4/appellant and for the writ of mandamus, directing the respondent Nos.2 and 3 to appoint petitioner as the Bill Collector. 5. The learned Single Judge, having considered the facts and circumstances of the case, and the undisputed fact that the petitioner had secured much more higher marks i.e., 486 marks, while the respondent/appellant had secured only 316 marks in the qualifying examination, therefore had held that the resolution dated 29.08.2018 passed by the respondent No.3/Panchayath for making appointment of respondent No.4 - 5 - HC-KAR NC: 2025:KHC:54003-DB WA No. 674 of 2025 as Bill Collector in place of the petitioner was illegal, and therefore, set aside the said resolution, as well as the appointment of the respondent No.4/appellant for the post of the Bill Collector and directed the respondent Nos.2 and 3 to appoint the petitioner as Bill Collector within the period of 3 months from the date of the receipt of certified copy of the order. 6. Learned counsel for the appellant herein has not disputed the fact that he had secured much lesser marks than the petitioner in the qualifying examination. The marks are not in dispute. Learned counsel for the appellant herein has submitted that in view of Section 269 of Karnataka Panchayat Raj Act, 1993, the petitioner has an alternate remedy for challenging the resolution before the Executive Officer. 7. The facts would disclose that the petitioner had already made complaint against the resolution before the Chief Executive Officer, Zilla Panchayath. Despite the petitioner's complaint against the resolution, no action was taken. We therefore, are of the view that the judgment impugned in this appeal does not require any interference in view of the - 6 - HC-KAR NC: 2025:KHC:54003-DB WA No. 674 of 2025 admitted facts, where the petitioner had scored 486 marks, whereas the appellant/respondent No.4 has scored only 316 marks. The petitioner was much better qualified candidate. The merit should have prevailed over any other consideration in offering the appointment to a public post. We do not find any error in the impugned order. Therefore, the writ appeal is dismissed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE AKV List No.: 1 Sl No.: 8 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA