- 1 - HC-KAR NC: 2025:KHC:49336-DB WA No. 338 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 338 OF 2025 (S-RES) BETWEEN: 1. SRI PRASHANTH C S/O KOMAREPPA, AGED ABOUT 23 YEARS, W/A SWEEPER IN KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT, R/A WARD NO.7, PINJARI STREET, KUDATHINI VILLAGE, KODATHINI POST, BELLARI-583115. …APPELLANT (BY SRI. SHREEDHAR G BIDRE, ADVOCATE FOR SRI. RAGHAVENDRA G GAYATRI., ADVOCATE) AND: 1. KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001. 2. SRI SHEKHAR.S, S/O LATE SUBBARAYADU, AGED ABOUT 31 YEARS, RESIDING AT NO.47/7, 2ND FLOOR, G 6TH STREET, BEHIND ARALIKATTE GANESHA TEMPLE JOGUPALYA, HALASURU BENGALURU-560008. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1; SRI. SATISH K FOR C/R2) - 2 - HC-KAR NC: 2025:KHC:49336-DB WA No. 338 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 03.02.2025 PASSED IN WP No-7915/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, 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 impugning the judgment and order dated 03.02.2025 passed by the learned Single Judge in W.P.No.7915/2024 (S-RES). 2. The parties are referred to as per their ranking in the writ petition, for the sake of convenience. 3. The Karnataka legislative Assembly vide Notification dated 26.04.2022 invited applications for two posts of Sweeper. One post of Sweeper was reserved for Schedule Caste and the other post was reserved for General category. In the final selection list, one Sri S. Tirupathi - 3 - HC-KAR NC: 2025:KHC:49336-DB WA No. 338 of 2025 was selected against the reserved post, whereas the 2nd respondent-Sri C. Prashanth was selected against the general post. Sri.S. Tirupathi had scored 21.50 marks in the merit list prepared for selection, whereas the 2nd respondent secured 18.5 marks. The respondent No.2 was a Scheduled Caste candidate. As per the merit/selection list, Sri. S. Tirupathi should have been considered against the general category candidate, as he had scored more marks than the general category candidate i.e., the appellant-Sri C. Prashanth, and Sri. S. Shekhar, who had applied as Scheduled Caste candidate, should have been accommodated against the vacancy meant for Scheduled Caste. 4. As the assembly was not taking the decision to accommodate Sri. S. Shekhar against the reserved post and S. Tirupathi against General Category post Sri S. Shekhar filed the writ petition. The learned Single Judge allowed the writ petition vide impugned judgment and order dated 03.02.2025 has quashed the select list dated - 4 - HC-KAR NC: 2025:KHC:49336-DB WA No. 338 of 2025 27.03.2023 insofar as the Sweeper Post was concerned, and directed the 1st respondent to redo the select list in terms of the provisions of Karnataka Civil Services (Process of Selection of Candidates during Recruitment) Act, 2018. A further direction has been issued that Sri C. Prashanth and Sri S.Tirupathi, who were working as Sweepers should not be disturbed, till the first respondent publishes fresh final select list of Sweepers. 5. The learned counsel for the appellant does not dispute that in terms of the provisions of Act of 2018, Mr. S. Tirupathi should have been appointed against the vacancy meant for General Category candidate and the next candidate in the Schedule Caste category i.e., Sri S.Shekhar should have been given appointment against the post meant for the reserved category. He further submits that 2nd respondent-Sri C. Prashanth, who has been selected against the General Category, has been working continuously for nearly last three years, and there - 5 - HC-KAR NC: 2025:KHC:49336-DB WA No. 338 of 2025 is a vacant post of Sweeper, against which the appellant may be accommodated. 6. We do not find any substance in the submission advanced by the learned counsel for the appellant for accommodating the appellant against the vacant post, for which the advertisement has been issued by the Assembly on 25.10.2024. 7. In view thereof we dispose of this appeal with a direction to the 1st respondent not to disturb the appellant till freshly selected candidate joins against the vacant post, wherein the appellant is working. 8. Because of the pendency of the writ appeal, the appellant has not applied in pursuance to the advertisement dated 25.10.2024 for which last date for submitting the applications was 25.11.2024, we permit him to make an application in pursuance to the said advertisement within a period of five days from the date of receipt of a copy of this order. If he makes an application - 6 - HC-KAR NC: 2025:KHC:49336-DB WA No. 338 of 2025 within five days i.e., from the date of receipt of a certified copy of this order, he shall be permitted to participate in the selection process for one post of Sweeper, which is meant for general category. 9. In view of disposal of the appeal, pending interim applications, if any, stand dismissed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 21 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA