Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24245 WP No. 12315 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12315 OF 2026 (GM-RES) BETWEEN:
SMT SHARADAMMA K.S., W/O NARAYANA G., AGED ABOUT 51 YEARS, RESIDING AT NO.45, SRI RANGANILAYA, MUNIKONDAPPA LAYOUT, MARAMMA TEMPLE ROAD, NAGARANDRA POST BENGALURU-560073. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE)
AND:
1.
THE CHIEF COMMISSIONER AND DIVISIONAL CENSUS OFFICER, GRATER BENGALURU AREA (GBA), BENGALURU-560001.
AND BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), BENGALURU-560001.
2.
THE COMMISSIONER, BENGALURU SOUTH CORPORATION, GRATER BENGALURU AREA (GBA), 9TH MAIN, 9TH CROSS, 2ND BLOCK, JAYANAGARA, BENGALURU-560011.
3.
DEPARTMENT OF SCHOOL EDUCATION, BLOCK EDUCATION OFFICE NORTH-4,
Digitally signed by CHAITHRA A Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:24245 WP No. 12315 of 2026
YELAHANKA, BENGALURU NORTH-560064.
RESPRESENTED BY BEO …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO CONSIDER THE PETITIONER REPRESENTATION DATED 08.04.2026 AND 10.04.2026 PRODUCED AT ANNEXURE - F AND G RESPECTIVELY AND DIRECT THE RESPONDENTS NO.1 AND 2 TO EXEMPT THE PETITIONER FROM CENSUS ENUMERATOR FOR CENSUS 2027 HOUSE LISTING HOUSING CENSUS AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner has approached this Court invoking the extraordinary jurisdiction under Article 226 of the Constitution of India, seeking issuance of a writ in the nature of mandamus to direct respondent No.2 to consider the representations dated 08.04.2026 and 10.04.2026, produced at Annexures–F and G, and consequently to
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HC-KAR NC: 2026:KHC:24245 WP No. 12315 of 2026
grant exemption from discharging duties as a Census Enumerator in connection with the ensuing Census 2027 – House Listing and Housing Census operations. 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for the respondents. Perused the material placed on record. 3. On a careful examination of the pleadings and the documents produced, it emerges that the petitioner has been assigned duties relating to census enumeration. In order to substantiate his inability to discharge such duties, the petitioner has placed reliance on a medical certificate issued by the competent authority in the District Hospital, wherein the attending doctor has opined that the petitioner is medically unfit to stand for prolonged periods and is also unable to walk long distances. 4. The nature of duties attached to census work, more particularly house listing and enumeration, undeniably requires extensive physical exertion, including
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HC-KAR NC: 2026:KHC:24245 WP No. 12315 of 2026
prolonged standing, walking across designated areas, and undertaking door-to-door data collection. 5. This Court cannot lose sight of the fact that census operations, though of paramount public importance, demand considerable physical endurance from the personnel engaged in such tasks. When a government servant, on account of medically substantiated limitations, expresses inability to discharge such physically demanding duties, the competent authority is required to examine such representation with due sensitivity and in accordance with law. The material on record prima facie indicates that the petitioner has placed sufficient medical evidence before the authorities seeking exemption or appropriate relief. 6. In that view of the matter, this Court is of the considered opinion that the petitioner has made out a case warranting interference, albeit limited to directing the competent authority to consider the representations in the
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HC-KAR NC: 2026:KHC:24245 WP No. 12315 of 2026
light of the medical evidence placed on record.
It would be appropriate for respondent No.2 to re-examine the petitioner’s case, particularly having regard to the medical opinion and the nature of duties involved, and take a reasoned decision in accordance with law. 7. Accordingly, the writ petition stands disposed of with the following directions: (i) Respondent No.2 is directed to consider the petitioner’s representations dated 08.04.2026 and 10.04.2026, produced at Annexures–F and G, in the light of the medical certificate issued by the District Hospital; (ii) While considering the same, respondent No.2 shall take into account the nature of duties involved in census enumeration and the petitioner’s medical condition, and pass a reasoned order in accordance with law;
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HC-KAR NC: 2026:KHC:24245 WP No. 12315 of 2026
(iii) Such
consideration and decision shall be completed within a period of two (2) weeks from the date of receipt of a certified copy of this order. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 2 Sl No.: 44